JUDGEMENT
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(1.) These appeals have been filed against the judgment and order dated
31st of January, 2002 passed by Additional Designated Judge, Court No. 3,
Ahmedabad City in TADA Case Nos. 15/1995 and 6/1996 consolidated with TADA
Case Nos. 32/1994 and 43/1996.
(2.) According to the prosecution, Abdul Wahab Abdul Majid Khan was
arrested in a case of murder. On being interrogated in that case, he made
startling and shocking revelations. He disclosed that accused Yusuf
Laplap, who is involved in illegal business of liquor and running a
gambling den is in possession of four foreign made hand grenades, revolvers
and AK-47 rifles. The fountainhead of the weapons, according to the
information is notorious criminal Abdul Latif Shaikh and came at the hand
of accused Yusuf Laplap through his close associate accused Abdul Sattar @
Sattar Chacha. Sattar gave the arms and explosives to accused Siraj @ Siraj
Dadhi, a constable attached to Vejalpur Police Station. He in turn
delivered those arms and explosives to accused Imtiyaz Nuruddin, the
servant of Yusuf Laplap at latter's instance. The aforesaid information
was passed on to A. K. Suroliya, the Deputy Commissioner of Police, Crime
Branch. The police party searched the house of the accused Yusuf Laplap in
the night and found him leaving the house with two bags. From one of the
bags one revolver with ISI mark and five foreign made hand grenades were
recovered and from another bag five detonators having clips affixed to it
were found.
(3.) According to the allegation, the arms and explosives seized were
similar to those used in the Ahmedabad City earlier by gang of criminals
and intended to be used in the forthcoming "Jagannath Rath Yatra". The
information given by the Police Inspector, U. T. Brahmbhatt led to
registration of Crime No. 1-CR No. 11 of 1994 dated 9th of June, 1994, at
the Crime Branch Police Station under Section 120B of the Indian Penal
Code, Section 3 & 5 of Terrorist and Disruptive Activities (Prevention) Act
(hereinafter referred to as 'TADA'), Section 7 & 25 (1) of the Arms Act and
Section 4, 5 and 6 of the Explosive Substances Act against seven accused
persons[1].;
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