AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2181 OF 2008 Sayed Mohd. Hanif Abdul Rahim ... Applicant Vs. The State of Maharashtra & Ors. ... Respondents Mr. A.G. Toraskar for the applicant. Mr. H.J. Dedhia, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & RAJESH G. KETKAR, JJ. DATED : 4TH AUGUST, 2010. P.C.:- 1. The applicant is at present lodged in Nashik Road Central Prison. He is an accused in POTA Special Case No.1 of 2004. He has been sentenced to death. In this application sent through jail, the applicant has, inter alia, stated that the police have illegally taken over documents in connection with his hut in Irla which were in his possession. He has prayed that his original documents may be directed to be handed over to him. AJN 2 2. Affidavit in reply has been filed by PI Vinayak Vithiba Savade attached to DCB, CID, Unit VIII, Mumbai. In the affidavit, all allegations made in the application are denied. It is stated that the applicant and his wife were arrested on 1/9/2003 from his Chimatpada residence and house search resulted in seizure of huge quantity of gelatin sticks, detonators, alarm clocks, clips, clippers, sting material used for preparation of bombs which were to be used in the Ganpati and Navratri festival. Allegation that the police illegally seized the documents in connection with the applicant's hut at Irla is denied. The allegation that any threats were given to the son of accused Hanif is denied. 3. In view of this affidavit, it is not possible for us to entertain this application. As regards the alleged claim of the applicant in respect of hut at Irla, the applicant may, if he so desires, adopt appropriate remedy in law. If he cannot afford to engage a lawyer, he can pray for legal aid. AJN 3 4. As regards letter dated 29/5/2008, office is directed to de-tag the same and treat it as a separate application. Office is directed to appoint Mr. A.G. Toraskar as advocate for the accused. 5. Criminal application is disposed of. 6. This order be communicated to the applicant in jail. [MRS. RANJANA DESAI, J.] [RAJESH G. KETKAR, J.]