A.M. Khanwilkar, J. - (1.) The instant appeals filed under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short "TADA"), are against the final judgment and order dated 12th January, 2007 passed by the Designated Judge, Jamnagar in Special TADA Case Nos.3/1994, 3/1997 and 1/2005, whereby the respondents have been acquitted after finding them not guilty of the stated offences.
(2.) Separate charge-sheets were filed against the respondents for offences punishable under Sections 121, 121A, 122 read with Section 34 of the Indian Penal Code, Sections 3, 4 and 5 of TADA, Sections 25(1)(A)(D), 25(1AA), 25(1B)(A B F G), 27(1), 29(A) of the Arms Act, 1959 (for short "1959 Act"), Section 20 of the Indian Telegraph Act, 1885 (for short "1885 Act") and Section 6(1-A) of the Indian Wireless Telegraphy Act, 1933 (for short "1933 Act"). The respondents were tried for the aforesaid offences in Special TADA Case Nos.3/1994, 3/1997 and 1/2005, before the Special Court at Jamnagar, which was then transferred to the Court of Designated Judge at Jamnagar. Since all the three chargesheets were in connection with one and the same offence and to obviate repetition of evidence, consolidated evidence was recorded for all the cases in Special TADA Case No.3/1994.
(3.) The complaint (Exh.27A) was lodged by one Bakul Vithalbhai Jani (PW-6), on the basis of information that respondent No.1 - Anwar Osman Subhaniya, resident of Salaya Barlovas, Hussaini Chowk "Hasmi Manzil", was in illegal possession of foreign made fire arms weapons at his residential house. The raiding party, after obtaining prior approval (Exh.30) of Pramod Kumar Jha, DSP (PW-15), proceeded along with search warrant, and upon search of the residential house of respondent No.1, conducted by the raiding party, following items were seized: (i) One - Foreign made carbine gun with magazine valued Rs.2 lakhs. (ii) One - Foreign made revolver with eight chambers worth Rs.60,000/-. (iii) One - Foreign made revolver with six chambers worth Rs.45,000/-. (iv) One - Transmitter walky-talky set worth Rs. 1 lakh. (v) 52 live cartridges of 9 mm stain guns. (vi) 4 live cartridges of revolvers.;