1 (Cr.appln.1404/10) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1404 OF 2010 Shaikh Abdul Naeem .... Applicant. V/s State of Maharashtra Through A.T.S. Police Station .... Respondent. Mr. Mubin Solkar for the applicant. Mr. A.M. Chimalkar, Spl. PP and Mr. S.A. Shaikh, APP for the State. CORAM: V. M. KANADE, J. DATE : 19th July, 2010 P.C.:- 1. Heard the learned Counsel for the applicant and the learned Special Public Prosecutor appearing on behalf of the State. 2. This is an application filed by the applicant to quash and set aside and/or modify the order dated 13/04/2009 passed by the learned Special Judge and also for direction directing the Superintendent of Mumbai Central Prison or Superintendent of any other Prison where applicant may have been lodged to produce him before the 2nd Additional Fast Track Session Judge, Bangaon, 7th Addl. Metropolitan Session Judge, Namapally, Hyderabad, Andhra Pradesh, 12th 2 (Cr.appln.1404/10) Addl. Metropolitan Magistrate, Namapally, Hyderaband, Andhra Pradesh or any other court in respect of speedy trial of applicant’s cases. 3. The learned Special Judge, Greater Bombay appointed under the MCOC Act has, in para 19 of his order, directed the Superintendent, Taloja Central Prison not to send the applicant to any prison or court outside the State of Maharashtra without orders of the said Court. Being aggrieved by the said direction, the present application has been filed. 4 Applicant was arrested on 04/04/2007 and he has been arraigned in five different cases. The applicant has been in custody for about three years and, at present, he is in custody at Mumbai Central Prison, Arthur Road, Mumbai. 5. It is contended that the charge-sheet and supplementary charge-sheet in respect of four offences in other States also has been filed and the proceedings in Special MCOC Case No.16 of 2006 at Mumbai was stayed by the Supreme Court and the said order has been vacated by the Supreme Court on 23/4/2010. The learned Counsel for the applicant submitted that the other co-accused in the cases which are pending in other courts have been acquitted and the trial of the applicant has been separated. It is submitted that as a result of the order passed by the Special 3 (Cr.appln.1404/10) Judge and since the applicant is not produced before the said Court, the said trial will not be over and or the right of the applicant of speedy trial will be violated. 6. The learned Special Public Prosecutor appearing on behalf of the State through ATS Police Station has filed reply. He has submitted that applicant is in custody in respect of the case which was detected by Anti Terrorist Squad and the investigation in the case started with the interception of Tata Sumo vehicle which was intercepted on 09/05/2006 and arms, ammunitions and explosives were recovered from the said vehicle. It is further submitted that the applicant is undergoing trial in respect of similar activities in other State as well. It is also submitted that while he was at Hyderabad, he had made an unsuccessful attempt to escape from the police custody. However, on account of prompt action by the police, he was rearrested. It is submitted that the applicant is a hardened criminal who has committed serious offences all over the country and if he is permitted to travel too often, the police may not be able to secure his presence. 7. In my view, there is some substance in the submissions made by the learned Special Public Prosecutor appearing on behalf of the State. The arms and ammunitions which have been recovered clearly reveal that the accused in the case were likely to use these weapons for terrorist activities. It would be worthwhile to reproduce the said articles which 4 (Cr.appln.1404/10) were found during investigation:- “(1) 16 AK 47 Rifles, (2) 62 Magazines, (3)3200 Live rounds of AK 47 rifles, (4) 10 Sample packets of explosive powder, (5) 11 Magazine pouches, (6) 10 packets each containing 2.980 kgs of explosive powder, (7) 10 sample packets of explosive powder, (8) 10 computer server cabinets, (9) 10 khaki boxes, (10) Thermocol papers used for packing material, (11) Scrap paper used for packing, (12) TATA Sumo Jeep No. MH-14-X-4380, (13) Key of TATA Sumo, (14) One reliance mobile phone, (15) One TATA Indica Motor Car No.MH-20-U-1240, (16) One M.V. Key, (17) Two Number plates bearing No. MH-15- A-1140, (18) One pouch, (19) One khaki box, (20) One computer server cabinet, (21) Packing materials, (22) 50 Hand grenades, (23) one detonator, (24) Explosive powder, (25) Dismantles parts of hand grenades, (26) 5 sample packets of explosive powder, (27) 1 packet containing 2.620 kg of explosive powder, (28) 1 packet containing 2.900 kg of explosive powder, (29) 1 packet containing 2.480 kg of explosive powder, (30) 1 packet containing 2 kg of explosive powder, (31) 1 packet containing 3 kg of explosive powder, (32) 5 khaki boxes, (33) 5 computer server cabinets, (34) 5 sample packets of explosive powder, (35) 5 magazines pouches, (36) Thermocol used for packing material, (37) Packing material, (38) Three writex company CDs, (39) One silver colored mobile phone, (40) One gray colored mobile phone, (41) Two swords, (42) two sealed packets containing CDs, (43) One sealed pocket, (44) Eight sealed packets containing audio cassettes of sony company, (45) One rexine bag, (46) One Nokia 3315 mobile phone and SIM Card, (47) One Hutch Mobile SIM card, (48) One black colored money pocket, cash Rs 9585/- Rly Ticket Howrach to Manmad and others, (49) One wrist 5 (Cr.appln.1404/10) watch, (50) Dismantled parts of 49 hand grenades, (51) Outer bodies of 49 hand grenades, (52) Ball bearing of 49 hand grenades, (53) Ash of explosive powder, (54) Ash mixed soil, (55) One sealed packet containing 15 broken seal and labels, (56) One CD.” Further, it is also alleged that the applicant is likely to abscond and he has already made one unsuccessful attempt to escape from the police custody. 8. Under these circumstances, the learned Special Judge was justified in passing the impugned order. Application filed by the applicant, therefore, cannot be entertained. Application is dismissed. (V.M. KANADE, J.) 6 (Cr.appln.1404/10)