C. K. Thakker, J. - (1.) This appeal is directed against an order of conviction and sentence passed by the Designated Court, New Delhi on February 4, 2003 and February 5, 2003 in Sessions Case No. 49 of 2001. The said case was registered against the appellant under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA) as also under the Arms Act, 1959 (hereinafter referred to as Arms Act). For the offence under the Arms Act, the appellant was sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 50,000/-, in default to undergo R.I. for one year more. For the offence under TADA, he was ordered to undergo rigorous imprisonment for ten years and a fine of Rs. 5,00,000/-, in default to undergo R.I. for one year more. Both the sentences were to run concurrently. He has given benefit under Section 428 of Code of Criminal Procedure, 1973 for the period already undergone by him as set off.
(2.) The case of the prosecution was that the appellant was found in possession of several fire arms and ammunitions near Bahai Temple, Kalkaji, New Delhi, on 11th December, 1993. The case was closely linked with another case of kidnapping for ransom. According to the prosecution version, one Ved Prakash Goel was a businessman of Gauhati, Assam. He was dealing in coal in Gauhati and was doing business at Gauhati as well as at Calcutta. Mainly supply of coal was to cement plants of Birla. His son Sanjay Goel was having a factory of preparing paper drums in the name and style of Tushar Packaging Private Limited, Siraspur, Delhi. According to the prosecution, one Gandhi was also having business in Gauhati, where Ved Parkash Goel used to do his business. The allegation of the prosecution was that said Gandhi was a Badmash person and used to extract money (Chauth) from other businessmen. According to Sanjay Goel, his father protested against extraction of money and did not pay anything to Gandhi with the result that there was tussle between Ved Prakash Goel and Gandhi. Ulfa extremists also learnt about flourishing business of Ved Prakash Goel and they were also behind him. Due to all those reasons, prior to three months from December, 1993, Ved Prakash Goel closed this business in Gauhati and continued to operate from Delhi and Calcutta. He had, however, a feeling that he was being chased in Delhi and Calcutta also.
(3.) On December 7, 1993, Ved Prakash Goel had gone to one of his friends Dr. Surjit Mittra at D-11 /70, Pandara Road, New Delhi, to attend birthday party. He left his house at about 7 pm. informing his servant that he was going to Dr. Mittras house. He went there in his red Maruti car bearing registration No. DL. 2C E 1517. He did not come back till late night but the family members were not worried since he used to get late in such parties. Wife of Ved Prakash Goel, however, kept on waiting for him. For the whole night Ved Prakash Goel did not turn up. In the morning of December 8, 1993, therefore, Mrs. Goel, inquired Dr. Mittra who replied that Ved Prakash Goel had left his place the previous night i.e. on December 7, 1993 around 9.15 p.m. Thereafter several telephone calls were made to friends of Mr. Goel but he could not be traced. At about 7.30 a.m., a telephone call was received at the residence of Mr. Goel. The caller wanted to talk to Mrs. Goel. He told her that Mr. Goel was kidnapped from Dr. Mittras residence and a ransom of Rs. one crore should be arranged if he was wanted alive. The caller also stated that when and where the money would be paid would be told later on. From the voice it sounded as if it was Punjabi Jat voice. The caller also stated that Ved Prakash Goel had harassed kidnappers friend in Gauhati and had earned lot of money from Assam. A threat was administered that if ransom is not paid or if the police is informed, Mr. Goel would be killed. Sanjay Goel, son of Mr. Ved Prakash Goel informed the police about the telephone call and expressed his doubt that Goondas of Gandhi had hatched up a conspiracy and his father had been kidnapped. He also stated that if money is not paid, his father might be killed. He further stated that the Maruti car in which his father had gone was found parked outside the house of Dr. Mittra. The report was lodged on December 8, 1993 and First Information Report (FIR) was registered on the basis of that report. Sub-Inspector Ram Mehar Singh sent report (rukka) at 11.00 p.m. after making an endorsement and the case was registered at about 11.30 p.m. on same day.;