UDAY U.LALIT, J. - (1.) This appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA Act) challenges the judgment and final order dated 28.02.2004 passed by the Designated Court Ajmer, Rajasthan in TADA Special Case No.6 of 1994. Originally sixteen accused persons were tried for having committed offences under TADA Act and other enactments. Accused No.6 Irfan Ahmad escaped from custody while the trial was going on and therefore his case was separated. He was later arrested in June, 2015 and is now being proceeded against separately. Accused No.12 Mohd. Azeemuddin though convicted and sentenced by the Designated Court was found to be juvenile on the date of occurrence in this appeal and as such his case stands separated. All the other accused namely A -1 to A - 5, A -7 to A -11 and A -13 to A -16 are presently in appeal.
(2.) There were bomb blasts in various trains during the night intervening 5th and 6th of December, 1993. (i) An explosion occurred around 10:50 p.m. on 05.12.1993 in Rajdhani Express running from New Delhi to Howrah. In that explosion near Kanpur Railway Station, two persons were injured. FIR No.595/1993 (Ext. P -307) of P.S. GRP Kanpur was accordingly registered. (ii) At about 5 a.m. in the morning of 06.12.1993 an explosion took place in Rajdhani Express running from Howrah to New Delhi in Kanpur Division. However no major injury was suffered by anyone. This led to filing of FIR No.765 of 1993 (Ext. P 426) of P.S. GRP Allahabad which was later re -registered as FIR No.597 of 1993 of P.S. GRP Kanpur. (iii) An explosion occurred at about 5:15 a.m. on 06.12.1993 in Rajdhani Express running from Mumbai Central to New Delhi near Kota Railway Station which caused injuries to five persons leading to registration of FIR No.174 of 1993 (Ext. P60) of P.S. GRP Kota. (iv) At about 6 a.m. on 06.12.1993 an explosion took place in Flying Queen running from Surat Railway Station to Mumbai Central, near Bestan Railway Station causing injury to one person. This led to lodging of FIR No.132 of 1993 (Ext. P 150) of P.S. GRP Valsad. (v) At about 7:05 a.m. on 06.12.1993 a bomb exploded in A.P. Express running from Hyderabad to Nizammudin. This explosion occurred in general compartment while the train was at Moula Ali Railway Station causing death of two persons. This led to registration of FIR No.251/1993 (Ext.D -63) of PS GRP Malkajgiri. (vi) A device meant to cause explosion was detected by a watchful passenger in Bangalore Kurla Express while the train was near Karjat Railway Station. The device was thrown out of the Railway compartment and as such did not cause any damage. This incident led to registration of FIR No.91 of 1993 (Ext.D -162) of PS GRP Karjat.
(3.) All the aforesaid six crimes were registered against unknown persons. Out of the aforesaid six incidents, the explosion that occurred at Maula Ali Station in Hyderabad had caused death of two persons. PW 117 P. Chandrashekar Reddy, Superintendent of Police, Ranga Reddy Distt, on receiving information from Police Control Room reached the site at about 8:30 a.m. on 06.12.1993 and dictated proceedings Ext.P 450 later in the Police Station invoking provisions of TADA Act. Ext.P -450 was to the following effect: - PROCEEDINGS OF THE SUPRINTENDENT OF POLICE: RANGA REDDY DIST. PRESENT: SRI. P. CHANDRA SEKHAR REDDY, IPS., No. 251/Camp/SP -RR/93 dated 06.12.1993 Sub: -Cr.No.251/93 of P.S. Malkajgiri Sri P. Radha Krishna Rao, Sub -Inspector of Police, Malkajgiri P.S., sent the contents of the complaint given by Sri. Ahmed Hussain, which revealed the facts that attracts Section 3, 4 and 5 of TADA besides others Sections of Law. Having satisfied, I am permitting the S.I. to register the case U/s 3, 4 and 5 of TADA besides other Sections of Law. Sd/ - dated 06.12.1993 Superintendent of Police, Ranga Reddy District To Station House Officer, Malkajgiri P.S. Copy to S.D. P.O Malkajgiri for inf. FIR No.251 of 1993 was therefore registered for offences punishable under Sections 3, 4 and 5 of TADA Act besides other provisions. Out of the aforesaid six FIRs only FIR No.251 at 1993 of PS GRP Malkhajgiri was registered for offences under TADA while the provisions of TADA were not initially invoked in rest of the FIRs. ;