Thomas, J. - (1.) The Designated Court, Jamnagar convicted 4 persons under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, (for short TADA). They were also tried for certain offences under Section 25 of the Arms Act, 1959 but the trial Judge refrained from convicting them under that Section on the premise that the other offence under TADA is a cognate offence of a graver dimension. In the matter of sentence the trial Court awarded rigorous imprisonment for 7 years as against first accused Rambhai Nathabhai Gadhvi, while the three others were given only a sentence of rigorous imprisonment for 5 years each. The convicted persons have come up in appeal under Section 19 of TADA and the State of Gujarat have filed an appeal for enhancement of the sentence of the first accused to the maximum limit provided in law. We heard both appeals together.
(2.) First accused is the father of second accused Kalu Rambhai Gadhvi and also elder brother of the fourth accused Nagshi Nathabhai Gadhvi. The third accused Hitesh Vajshi Pindariya is their neighbour. The nub of the case against them is that they all were actively engaged in smuggling of goods particularly arms and ammunitions. First accused is described as the kingpin of the joint venture of all the accused in the nefarious activities.
(3.) Further details of the prosecution case would show that the District Superintendent of Police, Jamnagar, got some information about the activities of the accused and so he proceeded to their residence at Khambalia (in Jamnagar District) with a posse of police personnel during the wee hours on 18-6-1993. On the way, he secured the presence of the Sub-Divisional Magistrate (PW-4) and two other persons for witnessing the operation which was in the offing. On arrival at the residence of the first accused the Superintendent of Police knocked at the door and first accused opened the door with a pistol in his hand, but was suddenly overpowered by the police. The Superintendent of Police also succeeded in snatching the pistol from him. Police party then raided the house of the second accused and seized one gun and another air gun and a belt containing 10 cartridges besides currency notes for Rs. 67,000/-. When the person of the third accused was searched a pistol and some cartridges were recovered. Thereupon the police wanted to raid the ice factory of the accused. In that operation they succeeded in unearthing 9 boxes containing smuggled goods. First accused was arrested and on interrogation the Superintendent of Police came to know of the places where first accused had hidden other articles. When he was taken to one such place he removed a heap of stones and disintered a bag containing submachine guns, pistols, cartridges etc. From another place some more fire-arms and ammunitions were recovered. On 23-6-1993 police arrested the fourth accused and recovered a pistol from a place where that fire-arm was concealed.;