Joymalya Bagchi, J. - (1.) Nobody appears for the appellant. Mr. Mallick, learned Advocate of this Court is requested to appear as amicus curiae on behalf of the appellant.
(2.) The appeal is directed against the judgement and order dated 21.9.2016 passed by the learned Additional District and Sessions Judge, 2nd Court, Sealdah, South 24-Paraganas in Sessions Trial No.3(1) 10 [Sessions Case No.3 (6) 09] convicting the appellant and Safiqul Islam for commission of offence punishable under Section 14 of the Foreigners Act as also the appellant under Section 474 of the Indian penal Code and Section 4(b) of Explosive Substance Act and directing the appellant and Safiqul Islam to suffer simple imprisonment for two years for commission of offence punishable under Section 14 of the Foreigners Act and the appellant to suffer rigorous imprisonment for seven years for the offence punishable under Section 474 of the Indian Penal Code and to pay fine of Rs.10,000/- in default to suffer simple imprisonment for five years more for the offence punishable under Section 474 of the Indian Penal Code and to suffer rigorous imprisonment for ten years and to pay a fine of Rs.20,000/- in default to suffer simple imprisonment for seven years for the offence punishable under Section 4(b) of the Explosive Substance Act, with a further direction that the appellant and Safiqul Islam be pushed back to Bangladesh by the appropriate authority.
(3.) The prosecution case, as alleged, against the appellant and other accused persons is to the effect that on 6.3.2009 at around 1.30 P.M., the appellant was arrested by P.W.2, S.I. Santanu Chatterjee, S. I. of Police attached to Special Task Force, Kolkata while he was going towards A. P. C. Road along Kaiser Street carrying a big bag in his right hand on the suspicion that the appellant is a Bangladeshi national and was a member of Lasker-eTaiba, a terrorist organisation and was involved in preparation of highly explosive devices to wage war against the Government of India. On interrogation, the appellant disclosed his identity. Upon search, various Compact Disks and other articles were recovered from his possession. A computerised railway ticket from Berhampore to Sealdah dated 6.3.2009, another railway ticket for onward journey from Howrah to Delhi by Kalka Mail on 6.3.2009 were seized. An S. T. D. slip of P.C.O. styled as 'Jaimatadi' dated 6.3.2009 was also seized along with the driving licence and voter's identity card in the name of the appellant. Apart from the aforesaid, a steel tiffin box containing some brownish sticky substance suspected to be explosive was also seized. The seizures were effected in the presence of independent witnesses and P.W.2 handed over the appellant with the seized articles to Narkeldanga Police Station where the instant criminal case was registered on the basis of his complaint.;