LexIBRAHIM MUSA CHAUHAN @ BABA CHAUHAN versus STATE OF MAHARASHTRA
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[2013) 15 S.C.R. 1061 IBRAHIM MUSA CHAUHAN @ BABA CHAUHAN v. STATE OF MAHARASHTRA (Criminal Appeal No. 555 of 2012) MARCH 21, 2013 [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] Terrorist and Disruptive Activities (Prevention) Act, 1987 A B - s.3(3), 5, 6 and 15 - Bombay serial blasts of 1993 - Conscious possession of contraband and weapons in notified C area - Recoveryfrom public place - Conviction of A-41 by Designated Court u/ss. 3(3) and 5 of TADA - Justification - Held: Justified - A-41 was well acquainted with Abu Salim (absconding accused) who was working with Anis Ibrahim Kaskar (another absconding accused), brother of notorious D smuggler Dawood Ibrahim - A-41 was asked to arrange a garage, and hence searched for an appropriate garage with co-accused Salim, Hingora (A-53) and his partner Haneef - A-41 was introduced to co-accused Sanjay Dutt (A-117) at the residence of the latter and witnessed the handing over of E contraband to A-117 - A-41 was in conscious possession of certain contraband items - Recovery of contraband material which was effected upon the making of a disclosure statement by A-11, took place at a dumping ground for waste - Penal Code, 1860 - SS. 120-B, 302, 307, 326, 324, 427, 435, 436, F 201 and 212 - Evidence Act, 1872 - s.27 - Arms Act, 1959 - ss.3 and 7 rlw ss:25(1-A), (1-B)(a) - Explosive Substance· Act, 1908 - s.4(b) - Explosives Act, 1884 - s.9-B(1)(b) - Prevention of Damage to Public Property Act, 1984 - s.4. Terrorist and Disruptive Activities (Prevention) Act, 1987 G - ss.3(3) and 5- Bombay serial blasts of 1993- A-67 charged for arranging 13 air tickets in order to facilitate the traveling of the accused persons for training of handling arms, 1061 H 1062 SUPREME COURT REPORTS [2013] 15 S.C.R. A ammunition and explosives - Also charged for knowingly and intef]tionally storing two suitcases containing arms and ammunition -· Conviction of A-67 - Challenged - Held: In the second week of February 1993, A-67 met A-1 in the office of A-68 and A-1 asked A-67 to book tickets for Dubai for him - B Thereafter, A-68 gave A-67 four packets and after some time, A-46 came with 3 packets of A-1 to be kept with A-67 - On being asked A-68 revealed that the packets contained weapons which had been brought to be used for taking revenge of sufferings of Muslims - A-67 had taken 5 bags c on 10.3.1993 and kept the same in the garage of A-1 at the Al-Husseini Building - The Bombay blast took place on 12.3.1993, and it was after that A-67 kept the 2 remaining bags with PW282 from where they had been recovered by the police on a voluntary disclosure of A-67 and at his instance 0 - Prosecution's case stood corroborated by the confessional statement of A-46, who had also disclosed that he had received a sum of Rs.50,0001- and Rs.62,0001- respectively, from A-1 to be handed over to A-67 and accordingly, the said amount had been delivered to A-67 by him - He had also E deposed that he had seen A-67 taking away the 3 suit cases in red Maruti Car to Al-Husseini Building ~ Other evidences of PW341 and PW.420 fully proved the booking of tickets by the firm of A-67 - Though the evidence on record in respect of booking does not lead to draw an inference, that while booking the tickets he had any knowledge of any conspiracy F regarding the Bombay blasts, however, recovery of 2 suit cases containing the arms and ammunition i.e., handgrenades, detonators and wires etc. was effected by PW506, on the disclosure of A-67 in the presence of PW37 and on 26.3.1993 from the hcuse of PW-282 - Conviction of G A-67 upheld. Terrorist and Disruptive Activities (Prevention) Act, 1987 - s.3(3) - Bombay serial blasts of 1993 - A/legation that A- 95 had abetted and facilitated various terrorist activities, and H more particularly, he had gone to Pakistan to receive weapons IBRAHIM MUSA CHAUHAN@ BABA CHAUHAN v. 1063 STATE OF MAHARASHTRA training in the handling of arms, ammunition and explosives A for commission of terrorist activities - He was further charged for having attended conspiratorial meetings held in Dubai and Pakistan, alongwith the other co-conspirators in order to plan the commission of terrorist acts - Conviction of A-95 - Justification - Held: Justified - A-95 had gone to Dubai at the B behest of A-65 and, thereafter, to Islamabad in Pakistan for attending the training camps and acquired training in handling the arms and ammunition and there
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