- (1.) These two appeals were filed against the judgment of the Designated Court No. II, Madras (now Chennai) under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'TADA Act'). The present six appellants were tried for the offences punishable under Sections 451, 381 read with 120B of the Indian Penal Code and under Section 3(3) of TADA (P) Act. These appellants were acquitted of the offence under T.A.D.A. but they were found guilty of offences under Sections 451 and 381 read with Section 120B of I.P.C. On both these counts, they were sentenced to undergo rigorous imprisonment for a period of three years each and the sentences were ordered to run concurrently.
(2.) These appellants were employees of Halliburton Offshore Services Inc. Company. They were carrying out the contract of offshore logging under the O.N.G.C. There was some dispute between the employees and the management over the transfer of A-1 to Bombay office and the appellants allege that PW 1, who was the Operations Manager of the company, was inimically having disputes towards these accused. The company was in possession of certain radio active resources to find out the resource of natural gas. The allegation against these appellants is that they have unlawfully trespassed into the workshop of the company and took away three radio active resources and thereby committed the offences as charged. On 23rd September, 1993 these radio active resources were found missing from the office premises. On 24th September, 1993 PW 1 gave a complaint before the Station House Officer, Maduravayal police station. The Sub- Inspector of Police -PW 20 took up the investigation and these appellants were arrested thereafter. Later on the investigation was handed over to the C.B.C.I.D. and PW 26-Inspector of Police took over the investigation and he filed a report before the Court invoking the provisions of the TADA Act. The Superintendent of Police recorded the confessional statement the appellants 2,3 and 4 and pursuant to the confessions, certain recoveries were also effected and the three radio active resources were recovered and later on the final report was filed in the case. On behalf of the prosecution, 26 witnesses have been examined. The appellants were found guilty on the basis of their confessions and also the recovery made pursuant to the statements made by the accused.
(3.) Heard both sides.;