Decided on October 08,2007

STATE Respondents


- (1.) This application has been made by the appellant for suspension of sentence. The appellant has been convicted by the Trial Court for commission of offences under Section 4 and 5 of Explosive Substances Act, Section 489B/489C/120B IPC,, under Section 14 of the Foreigners Act. Under Section 4 and 5 of the Explosive Substances Act, he was sentenced to undergo RI for 10 years and fine of Rs.10,000/-. For the offence under Section 5 of Explosive Substances Act, the appellant was sentenced to undergo RI for 10 years and under Section 14 of Foreigners Act RI for 5 years and fine of Rs.20,000/-
(2.) The appellant is a Pak National sent to India by ISI for terrorist activities and activities pre-judicial to the interest of India and to create holes in the security of this nation. He was arrested at the disclosure of an accused Abdul Rashid in FIR No. 27/2000, who was caught with explosives. As per disclosure the explosives were supplied to him by a Pak National named Kamran Gauhar (appellant). He also disclosed the area in which he could be found and the scooter number being used by him. With the help of scooter number, he was traced and was arrested on 24th January, 2000 in Karol Bagh area. At the time of his arrest he was found in possession of 2.9 Kgs of RDX, two detonators, a hand grenade and fake currency of Rs.50,000/- in the denomination of Rs.500 notes. His disclosure led to recovery of more fake currency worth Rs.5 lac in 100 and 500 denominations. It transpired that he was having several names. His different names were Kamran Gauhar @ Karman @ Gulam Akbar @ Manail Kamran @ Mohd. Zuber @ Mohd. Zaven S/0 Mohd. Shali @ Manial Kamran @ Mohd. Zuber @ Mohd. Zaved S/o Mohd. Shali @ Mohd. Yusuf. He is a permanent resident of 750 Akbari Mandi Bazar, Mahaniya, Lahore, Pakistan. It transpired that he was arrested earlier also in India and undergone a sentence under Section 14 of Foreigners Act. After completion of sentence, he was deported to Pakistan in April, 1999. He again came back to India as an ISI agent in July, 1999 changing his name to Mohd. Zuber. He was again arrested and deported. However, he was again sent to India and this time he succeeded in establishing a network in Delhi with the help of Indian citizens in order to flood India with fake currency notes and to supply explosives for terrorist activities. Surprisingly, despite having two sons in Pakistan, in order to establish a network in India he married an Indian woman, purchased a house here and was getting cooperation in his nefarious activities from Indians.
(3.) It is argued by the counsel for the appellant that he was arrested by Special Cell and Special Cell was notorious for involving people in false cases and the accused was also falsely implicated. However, it is not denied by the counsel for the appellant that the appellant was a Pak National, who had earlier been deported from India twice and had again illegally entered into India and established a network in and around Delhi.;

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