SHAHBAZ ISMAIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction and order of sentence dated March 15, 2021 passed by learned Additional Sessions Judge, 1st Fast Track Court, Calcutta in Sessions Trial No. 02 (June) of 2010 arising out of Sessions Case No. 84 of 2009.

(2.) By the impugned judgment and order, the appellant were convicted and sentenced under Ss. 120B/121/121A/ 122/123/419/467/468 of the Indian Penal Code, 1860, Sec. 14 A(b) of the Foreigners Act and Ss. 4 and 5 of Explosive Substance Act.

(3.) The facts giving rise to the instant case, in a nutshell, are that the de-facto complainant, an Assistant Commissioner of Police, Special Task Force (STF), Kolkata, received a source information that one Pakistani national Shahbaz Ismail @ Shahbaz, a trained militant of terrorist outfit had entered Indian territory illegally through Bangladesh and was proceeding to Srinagar, Jammu and Kashmir for the purpose of terrorist activities. The de-facto complainant had an input that the said person was likely to come to the railway reservation counter at Fairlie Place between 12.00 hrs. and 15.00 hrs. on 19/3/2009. The de- facto complainant conveyed the source information to the superiors, a team was formed and proceeded to Fairlie Place. They along with the source started maintaining watch. At about 14.00 hrs. the source pointed out and identified the suspected person. He was intercepted near the reservation queue in presence of witnesses. On query, the said person disclosed his identity as Md. Jamal R/o Jalangi, District-Murshidabad.