JAIN, J. - (1.) -
(2.) SINGCE all the writ petitions are arising out of the same matter and the petitioners have claimed almost same relief, they are being disposed of by this common order. S.B. CIVIL WRIT PETITION NO. 2884/94: Briefly stated the facts of the case as alleged by the petitioner are that during the search of premises of one Poonam Chand Vishnoi, Mr.Chain Singh Rajpurohit, Station House Officer Police Station Bajju District Bikaner recovered some arms from his possession. It is alleged that the accused Poonam Chand Vishnoi during the course of interrogation admitted that he was involved in the smuggling of arms and ammunitions from Pakistan and he had sold some arms and ammunition from Pakistan and he had sold some arms and ammunitions to the persons. In pursuance of the information given by Poonam Chand Vishnoi,x an F.I.R. (Annex.1) dt. 28.9.93 was chalked out and a case under Sections 3 & 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the 'TADA') read with Sections 3/25 of the Indian Arms Act was registered against Poonam Chand Vishnoi, Gulam Nabi, Hanuman Poonia, Mohan Ram, Ramjan and Sri Chand. It is also alleged that during the course of investigation, one Shiv Narain was also arrested and he gave information to the police that the petitioner purchased one Pistol, one Magazine and 28 Cartridges from one Hari Singh. The petitioner was arrested on 2.1.1994 on the basis of said information. It is further alleged that the petitioner was made to admit that one Pistol, one Magazine and 28 Cartridges were sold to him by Hari Singh and on the basis of this information given by the petitioner, the recovery was made by the Police from an open field one Pistol, 22 cartridges alongwith six empty 'Khokhas' were recovered. Thereafter, a case under Section 3 and 5 of the TADA and section 3/25 of the Indian Arms Act was registered against the petitioner on the basis of the information given by Shiv Narayan and on the basis of the information given by the petitioner u/s.27 of the Indian Evidence Act and recoveries made from him. After completion of the investigation, a charge-sheet has been submitted before the Designated Court for Rajasthan, Ajmer. Being aggrieved with the proceedings initiated by the respondents no.l & 2 before the Judge, Designated Court for Rajasthan at Ajmer, the petitioner has approached this court by means of this writ petition under - Article 226 to quash the F.I.R. No. 81/93 lodged at P.S.Bajju District Bikaner. It has been prayed that charge-sheet and proceedings pending in pursuance of the said F.I.R. in the Designated Court for Rajasthan, Ajmer under Sections 3 & 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 read with Sec. 3/25 of the Indian Arms Act may also be quashed. This writ petition has been filed on 29.6.1994. On 1.7.1994, the petitioner moved an application stating that vide order dt.20.6.1994, he has been released on interim bail by the Designated Court, Ajmer for 11 days and he is required to surrender before the closing hours of 5.7.1994. The petitioner- applicant prayed that the application may be allowed and additional fact may be taken on record. On 11.7.1994, counsel for the petitioner submitted that a number of writ petition resulting of the same F.I.R. i.e.81/93 Police Station Bajju are pending in this S.B.Civil Writ Petitions No.861/94, 3014/94 and other writ petitions,details of which have been given by the petitioner in para 2 of this writ petition. It was prayed that order in same terms as passed on 27.5.1994 in S.B.Civil Writ Petition No.861/94 be passed in this case also. This Court passed order accordingly. On 5.9.1994,. counsel appearing for the State submitted that he does not want to file any separate reply in this petition and shall adopt the same reply as filed in S.B.Civil Writ Petition No.861/94 and this Court permitted to do so. S.B.C.W.PET. NO.3328/94 Briefly stated the facts of the case as alleged by the petitioner are that after the arrest of Poonam Chand and registering of FXR.No.81/93 dt. 28.9.93 the accused Poonam Chand vide Annex.3 informed that the petitioner (Shankerlal) purchased one pistol with two magazines and 10 cartridges. It is alleged that due to enemity, the petitioner has been falsely implicated in this case by the main accused Poonam Chand. It has been prayed that the F.I.R. No. 81/93 be quashed and the petitioner be set at liberty. S.B.CIVIL WRIT PETITION N03341/94 According to the petitioner after recording of F.I.R.no.81/93 main F.I.R. and another F.I.R. No.354/93 came to be registered after interrogation from one Shiv Narain, it appears that the police may manipulation make Poonam Chand to make a statement before the Superintendent of Police,Bikaner on 26.11.1993 that the petitioner was also one of the recipient of fire arms and ammunitions. It is alleged that the investigation commenced against him in connection with the F.I.R.No.81/93 is illegal and wholly unwarranted. The petitioner has prayed that the investigation undertaken against the petitioner in pursuance of the F.I.R.No.81/93 (Annex.l) of the P.S.Bajju qua the petitioner so also the investigation be quashed. This writ petition has been filed on 19.7.1994. On 22.7.1994, this court ordered that meanwhile, the petitioner be not arrested in connection with F.I.R. No. 81/91. S.B.CIVIL WRIT PETITION NO.328/95 In brief the facts of this case are that after registering the F.I.R.No.81/93 dt. 28.9.1993, Poonam Chand in his statement recorded under Sec. 15 of the TADA Act stated that he sold some arms and ammunition to Shiv Narain. Thereafter, Shivnarain was also arrested and in his statement under Sec. 15 he stated that he handed over three cartridges and a magazine to the petitioner. In the search made at the premises of the petitioner, the police recovered three cartridges and one empty magazine. On 19.1.1995, the petitioner applied for interim bail before the Designated Court on the ground of marriage of his two real sisters which was granted to him for a period of ten days upto 29.1.1995. On 24.1.1995, the petitioner has filed this writ petition praying that the F.I.R. No. 81/93 P.S.Bajju (Annex.1) may be quashed and the case under Sec.3/25 be transferred to a Court of Criminal Jurisdiction. On 22.1.1995, this Court ordered to list the case on 7.3.1995 alongwith connected matters and continued the parole on the same bond till 73.1995..' S.B. CIVIL WRIT PETITION NO.1570/94 The writ petition no.1570/94 is also arising out of the F.I.R. No. 81/93 as during the course of further investigation Poonam Chand Vishnoi stated that he sold arms to various persons and also disclosed the name of the petitioner stating that he had sold one pistol, two magazines and about twelve cartridges for Rs. 8000/-. It is alleged that pursuant to the information given by Poonam Chand, the petitioner was taken into custody and a case under Sections 3 & 5 of the TADA Act and Section 3/25 of the Arms Act was registered. It is also alleged that recoveries were effeced on the information given by the petitioner. The petitioner in his statement confessed the alleged purchase of pistol from Poonam Chand with magazines and cartridges. The petitioner has filed this writ petition on 19.3.1994 under Article 226 of the Constitution seeking to quash the proceedings pending before the Judge, Designated Court for Rajasthan at Ajmer under Sec. 3 & 5 of the TADA Act and to transfer the proceedings pending under Section 3/25 of the Arms Act to a competent court of criminal jurisdiction. Notice to show cause was issued on 1.4.1994. On 16.11.94, this Court ordered not to arrest the petitioner and the parole may not be cancelled.
(3.) S.B.CIVIL WRIT PETITION NO.861/94 Briefly stated the facts of the case as alleged by the petitioner are that he had a motor parts shop and the accused Poonam. Chand Vishnoi owes Rs.3000/- to the petitioner. It is alleged that one month ago from the date of arrest of Poonam Chand, he had come to the petitioner and offered him a pistol with a blank magazine for the amount he owned to the petitioner. The petitioner has alleged that he accepted the offer and the accused Poonam Chand Vishnoi when gave the statement in the F.I.R.No.81/93 during the course of investigation disclosed the name of the petitioner stating that a pistol was sold to him with magazine and some cartridges. It is alleged that he was arrested under Section 3 & 5 of the TADA Act and on this information one pistol with an empty magazine was recovered from a pond in village, Bap, Tehsil Phalodi. The petitioner also made a confessional statement before the S.P. He moved a bail application before the Judge, Designated. Court on the ground that Section 5 of the TADA Act is not attracted in his case but the same was rejected vide order dt. 23.12.1993 observing that confessional statements of the petitioner and like others have been recorded and investigation is going on, and the learned Judge of the Designated Court rejected the bail application. Thereafter, the petitioner moved another bail application before the Designated Court but that too was rejected observing that it is a very serious case. It has been observed that according to the prosecution it is a case of conspiracy to smuggle arms and ammunitions from Pakistan to India for terriorist activities, and rejected the bail application on 3.2.1994. Dis-satisfied' with the rejection of bail application, the petitioner filed this writ petition on 15.2.1994, seeking the relief to quash proceedings under TADA Act. This court issued notice to show cause on 18.2.1994. On 233.1994, this Court ordered that the petitioner Manoharlal Paliwal shall not be arrested in F.I.R.No.81/93 P.S. Bajju District Bikaner till next date. An application was moved by the petitioner seeking modification of the said interim order stating that he was on parole at the time, when the order was made and the learned Designated Court may cancel his parole bonds unless, the parole is extended. On 27.5.1994, this court ordered that the petitioner shall not be arrested or his parole be not cancelled till further orders. S.B.C. WRIT PETITION NO.3407/94 In brief the facts of the case as alleged by the petitioner are that after registration of FJ.R.No.81/93 dt 28.9.93 his name" was disclosed by the main accused Poonam Chand Vishnoi who in his statement stated that the petitioner purchased one pistol with the magazines and 10 cartridges. It is alleged that recovery was effected from the petitioner. Dis-satisfied with the initiation of proceedings under the TADA Act in the Designated Court, the petitioner has filed this writ petition on 22.7.1994 to quash F.I.R. No. 81/93 qua the petitioner and not to arrest him. On 26.7.1994, tins Court ordered that the petitioner be not arrested in connection with F.I.R.No.81/93. In pursuance to show cause notice, the non-petitioners filed reply raising a preliminary objection that this writ petition is not maintainable and the only remedy available to the petitioner is to approach Designated Court and thereafter to the Supreme court. On merits also, the State has submitted that the matter pertains to smuggling of arms and ammunition from Pakistan to Indian for the purpose of terriorist activities and this Court should not interfere under Article 226 as there is material on the basis of which it cannot be said that no case is made out against the petitioner. No rejoinder has been filed on behalf of the petitioner. S.B.CIVIL WRIT PETITION NO.3552/94 According to the petitioner, during the course of investigation in connection with F.I.R. No. 81/93, Statement of Shiv Narain was also recorded. In his statement he informed the police that he had entered into arms dealings with Poonam Chand and sold pistols and rifles to Dungar Ram, Mam Raj, Ram Kishan, Ladu Ram and Jagdish. In his statement he also stated that Mam Raj, Doongar Ram and Ram Kishan felt that if I will be arrested, the discloser will follow that arms have been sold by him to these persons and therefore they kept him in their custody. He has also stated that these persons forcibly handed over their arms to him. He further stated that the petitioners took him to Jaipur where they stayed in Raj Hans Hotel from where he eloped. The arms and ammunition were recovered from the room in which Shiv Narain stayed. On the basis of the statement of Shiv Narain , F.I.R.No.354/93 P.S. Nayasahar was recorded. The petitioners Sukh Ram and Sahi Ram were charge-sheeted in the Court of Addl.Munsif and Judicial Magistrate No.2, Bikaner. The learned Sessions Judge, Bikaner granted them bail vide orders dt. 13.1.1994 and 17.1.1994. It is alleged that while presenting challan in the case arising out of F.I.R. No. 81/93 in the Designated Court, the names of the petitioners were mentioned in the charge-sheet and against them it has been referred that the investigation is pending against them under Section 173(8) of the Cr.P.C. Hence, the petitioners have preferred this writ petition on 28.7.1994 to issue a direction to the respondents not to arrest them in F.I.R.No.81/93 and 354/93. It has been prayed that the entire proceedings initiated under the TADA Act may be quashed. On 4.8.1994, this Court while directing the respondents not to arrest the petitioners in F.I.R. No.81/93 ordered petitioners to present themselves for the purpose of interrogation as and when they are so required by the authorities- investigation the case. In pursuance to the show cause notice, the respondents in their reply raised preliminary objection that in view of the decision of the Supreme Court rendered in State of Maharashtra Vs. Abdul Hamid Haji (1), the writ petition merits dismissal and the petitioners may be directed to approach the appropriate legal forum which in the -present case is Designated Court for Rajasthan at Ajmer and if the writ petitions are allowed despite there being special court then admittedly and obviously it will frustrate the object to be achieved by the enactment of Act of 1987 and consequently appointment of Designated Court particularly when the orders passed by the Designated Court are only appealable before the Hon'ble Supreme Court. It has been stated that arms and ammunitions possessed by the petitioners, are part of the huge recovery of arms and ammunitions which were smuggled to country through across the Pakistan for over-rawing terror and dis-stablise peace and tranquility of the country and it is an offence against the society, nation and human beings It has also been stated that till the petitioners are not arrested and investigation and interrogation is not made, approaching this Hon'ble Court is pre-mature. No counter to the reply has been filed by the petitioner to rebut the fact as stated in reply. ;