- (1.)We are, in this case, concerned with the legality of the order passed by the Designated Court under TADA (P) Act, 1987 for Bomb Blast Case, Greater Bombay, rejecting the application filed by the Central Bureau of Investigation (for short 'CBI') under Section 216 of the Code of Criminal Procedure (for short 'CrPC') for addition of the charges punishable under Section 302 and other charges under the Indian Penal Code (for short 'IPC') and the Explosives Act read with Section 120-B IPC and also under Section 3(2) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'TADA Act').
(2.)The city of Mumbai and its surrounding areas witnessed a series of bomb blasts on 12.3.1993, whereby 257 persons were killed, 713 persons got injured and extensive damage to properties worth approximately Rs.27 crores was caused. The State Police registered 27 criminal cases. On 4.11.1993, a single charge-sheet was filed in the Designated Court against 189 accused persons, of which 44 were shown as absconding. Investigation from the State Police was transferred to CBI on 19.11.1993 and the CBI registered Case Crime No. RC 1 (S)/93/STF/BB. CBI, later, submitted supplementary reports before the Designated Court under Section 173(8) CrPC and the case was registered as Court Case No. BBC-1 of 1993. Permission for further investigation was obtained by the CBI from the Designated Court on 25.11.1993. During the course of investigation, the involvement of the respondent accused, by name Karimullah Osan Khan, was disclosed and efforts were made to arrest him. The Designated Court issued proclamation against him and, on 5.8.1994, he was declared as a proclaimed offender. Later, the Designated Court, on 8.9.1994, issued warrant of arrest against him.
(3.)The Designated Court framed a common charge of criminal conspiracy on 10.4.1995 against all the accused persons present before the Court and also against the absconding accused persons, including the respondent - accused No. 193 and all other unknown persons, under the following Sections:
"1. Section 3(3) of TADA (P) Act, 1987 and Section 120(B) of IPC r/w section 3(2) (i) (ii), 3(3), 3(4), 5 and 6 of TADA (P) Act, 1987 and r/w Section 302, 307, 326, 324, 427, 435, 436, 201 and 212 of IPC.

2. Section 3 and 7 r/w Section 25(1A), [1B(a)] of the Arms Act, 1959.

3. Section 9-B (1),(a),(b),(c) of the Explosives Act 1884.

4. Section 3, 4(a), (b), 5 and 6 of the Explosives Substances Act, 1908.

5. Section 4 of Prevention of Damage to Public Property Act, 1984.

The Designated Court then issued an order dated 19.6.1995 for examination of the witnesses, including the absconding accused no.193, in accordance with the provisions contained in Section 299 CrPC.