SURESH ALIAS PAPPU BHUDHARMAL KALANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In these three sets of appeals the judgment/order passed by the Designated Court of Thane at Pune on 10th November, 1998 in T.S.C. No. 25/92 and 9/93 has been challenged. Criminal Appeal Nos. 1298-99/98 and Criminal Appeal Nos. 66-67/99 have been filed by the accused persons against rejection of the petition filed by them under Section 18 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (for short 'the TADA (P Act'). Criminal Appeal Nos. 572-573/1999 have been filed by the State of Maharashtra against finding recorded by the Special Court that on the materials placed on record by the prosecution no charge can be framed under Section 3 of the TADA (P) Act.

(2.) Since the incidents giving rise to the criminal cases are the same and the appeals are directed agianst the same judgment/order for the sake of convenience we will state the facts and deal with the case in Criminal Appeal Nos. 1298-99/ 1998 in detail.

(3.) In this appeal filed under Section 19 of the TADA (P) Act, accused No. 4 (Suresh alias Pappu Bhudarmal Kalani) of T.S.C. No. 25/1992, has challenged the Order passed by the Designated Court of Thane rejecting the application filed by him under Section 18 of the Act for discharging him from the charges under Sections 3 and 5 of the TADA (P) Act and to transfer the case to the Sessions Court on the ground, inter alia, that no case under Section 3 or Section 5 of the TADA (P) Act is made out against him.