Case: Sanjay Dutt (A-117) and Ors.  Vs. State of Maharashtra, through CBI (STF), Bombay

3. A common charge of conspiracy was framed against all the co-conspirators including the Appellants. The relevant portion of the said charge is reproduced hereunder:During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai (U.A.E.) Pakistan, entered into a criminal conspiracy and/or were members of the said criminal conspiracy whose object was to commit terrorist acts in India and that you all agreed to commit following illegal acts, namely, to commit terrorist acts with an intent to overawe the Government as by law established, to strike terror in the people, to alienate sections of the people and to adversely affect the harmony amongst different sections of the people, i.e. Hindus and Muslims by using bombs, dynamites, hand grenades and other explosive substances like RDX or inflammable substances or fire-arms like AK-56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries to any person or persons, loss of or damage to and disruption of supplies of services essential to the life of the community, and to achieve the objectives of the conspiracy, you all agreed to smuggle fire-arms, ammunition, detonators, hand grenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of confidence for the purpose of committing terrorist acts and for the said purpose to conceal and store all these arms, ammunition and explosives at such safe places and amongst yourselves and with your men of confidence till its use for committing terrorist acts and achieving the objects of criminal conspiracy and to dispose off the same as need arises. To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to commit terrorist acts. To harbour and conceal terrorists/co-conspirators, and also to aid, abet and knowingly facilitate the terrorist acts and/or any act preparatory to the commission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the conspiracy to commit terrorist acts, to do and commit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal conspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri Bazaar, Katha Bazaar, Century Bazaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing hand grenades at Macchimar Hindu Colony, Mahim and at Bay-52, Sahar International Airport which left more than 257 persons dead, 713 injured and property worth about Rs. 27 crores destroyed, and attempted to cause bomb explosions at Naigaum Cross Road and Dhanji Street, all in the city of Bombay and its suburbs i.e. within Greater Bombay. and thereby committed offences punishable under Section 3(3) of TADA (P) Act, 1987 and Section 120-B of Indian Penal Code read with Sections 3(2)(i)(ii), 3(3), (4), 5 and 6 of TADA (P) Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25(1-A), (1-B)(a) of the Arms Act, 1959, Sections 9B(1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my cognizance.In addition to the above-said principal charge of conspiracy, the Appellants were also charged on other counts which are as under:Sanjay Dutt (A-117):At head Secondly; The Appellant, in pursuance of the aforesaid criminal conspiracy and during the period from January, 1993 to April, 1993, agreed to keep in his possession and acquired 3 AK-56 rifles and its ammunition, one 9mm pistol and its cartridges and hand grenades, unauthorisedly, which were part of the consignments smuggled into the country by Dawood Ibrahim Kaskar and his associates knowingly and intentionally that these were smuggled into the country for the purpose of committing terrorists acts and that he thereby committed an offence punishable under Section 3(3) of TADA.At head Thirdly; The Appellant, by doing the aforesaid act, unauthorisedly, in Greater Bombay which is specified as a Notified Area under Clause (f) of Sub-section (1) of Section 2 of TADA and thereby committed an offence punishable under Section 5 of TADA.At head Fourthly; The Appellant possessed the above mentioned arms and ammunitions with an intent to aid terrorists and contravened the provisions of the Arms Act, 1959 and the Arms Rules, 1962, the Explosive Substances Act, 1908 and the Explosives Rules, 2008 and thereby committed an offence punishable under Section 6 of TADA.At head Fifthly; The Appellant, by doing the aforesaid act, committed an offence punishable under Sections 3 and 7 read with Sections 25(1-A)(1-B)(a) of the Arms Act, 1959.Yusuf Nulwalla (A-118):At head Secondly; The Appellant acquired AK-56 Rifles and its carridges and one 9mm pistol and its cartridges which were smuggled into the country for committing terrorist acts and destroyed the said AK-56 Rifle with the assistance of Kersi Adajania (A-124) and entrusted him the 9mm pistol and its cartridges for safe custody and thereby committed an offence punishable under Section 3(3) of TADA.At head Thirdly; The Appellant acquired the abovementioned arms and ammunitions from the house of Sanjay Dutt (A-117) and possessed the same, unauthorisedly, in a notified area of Greater Bombay and thereby committed an offence punishable under Section 5 of TADA.At head Fourthly; The Appellant acquired and possessed the abovementioned arms and ammunitions and failed to give information to Police/Magistrate with an intent to aid terrorists and thereby committed an offence punishable under Section 6 of TADA.At head Fifthly; The Appellant, by doing the aforesaid act, committed an offence punishable under Sections 3 and 7 read with Sections 25(1-A), (1-B)(a) of the Arms Act, 1959.At head Sixthly; The Appellant caused destruction of the abovementioned arms and ammunitions with an intention to screen him and other co-conspirators from legal punishment and thereby committed an offence punishable under Section 201 of the Indian Penal Code.Kersi Adajania (A-124):At head Secondly; The Appellant aided and abetted Yusuf Nulwalla (A-118) in destroying AK-56 rifle and disposing of 9mm pistol and its cartridges which were smuggled into the country for committing terrorist acts and thereby committed an offence punishable under Section 3(3) of TADA.At head Thirdly; In the first week of April, 1993, the Appellant had in his possession one AK-56 rifle, one 9 mm pistol and its rounds in a notified area of Bombay and thereby committed an offence punishable under Section 5 of TADA.At head Fourthly; The Appellant possessed the said arms and ammunitions with an intention to aid terrorists and thereby committed an offence punishable under Section 6 of TADA.At head Fifthly; The Appellant, by possessing the abovementioned arms and ammunitions, unauthorisedly, committed an offence punishable under Sections 3 and 7 read with Sections 25(1-A), (1-B)(a) of the Arms Act, 1959.At head Sixthly; The Appellant caused destruction of the abovementioned AK-56 rifle, 9mm pistol and its ammunitions which were smuggled into the country for commission of terrorist acts with the intention of screening himself and the other co-conspirators from legal punishment and thereby committed an offence punishable under Section 201 of the Indian Penal Code.4. The Appellants have been convicted and sentenced for the above said charges as under:Conviction and Sentence:Sanjay Dutt (A-117):A-117 has been convicted for the offence punishable under Sections 3 and 7 read with Sections 25(1-A), (1-B)(a) of the Arms Act, 1959 and sentenced to suffer RI for 6 years along with a fine of Rs. 25,000/-, in default, to further undergo RI for a period of 6 months. However, the Appellant was not found guilty of all other offences for which he was charged and, accordingly, acquitted for all the saidf Mohsin Nulwalla (A-118):(i) A-118 has been convicted for the offence punishable under Sections 3 and 7 read with Sections 25(1-A), (1-B)(a) of the Arms Act, 1959 and sentenced to RI for 5 years along with a fine of Rs. 25,000/-, in default, to further undergo RI for a period of 6 months.(ii) The Appellant has been further convicted for the offence punishable under Section 201 of Indian Penal Code and sentenced to suffer RI for 2 years. However, the aforesaid accused being found not guilty of all other offences for which he was charged at trial.Kersi Bapuji Adajania (A-124):(i) A-124 has been convicted for the offence punishable under Sections 3 and 7 read with Sections 25(1-A), (1-B)(a) of the Arms Act, 1959 and sentenced to suffer RI for 2 years alongwith a fine of Rs. 25,000/-, in default, to suffer further RI for a period of 6 months.(ii) The Appellant has been further convicted for the offence punishable under Section 201 of Indian Penal Code mentioned at head sixthly and sentenced to suffer RI for 2 years. However, the aforesaid accused also being not found guilty of all other offences for which he was charged at trial.5. Before adverting to the detailed analysis of the evidence and the contentions urged, the story of the prosecution is as under:(a) Babri Masjid at Ayodhya was demolished on 06.12.1992. After its demolition, violence broke out throughout the country. Tiger Memon (AA) and Dawood Ibrahim (AA), a resident of Dubai, in order to take revenge of the said demolition, formulated a conspiracy to commit terrorist act in the city of Bombay. In pursuance of the said object, Dawood Ibrahim agreed to send arms and ammunitions from abroad. Tiger Memon, in association with his men, particularly, the accused persons, received those arms and ammunitions through sea-coasts of Bombay. The evidence on record establishes that the said consignment was a result of a conspiracy between Dawood Ibrahim Kaskar, Mohammed Dosa and Tiger Memon (all three absconding accused).(b) On 15.01.1993, Samir Hingora (A-53), Hanif Kandawala (A-40), Ibrahim Musa Chauhan @ Baba (A-41) and Abu Salem (A-139) - then absconding, came to the residence of the Appellant (A-117) at Pali Hill, Bandra, Bombay and told him that they would deliver the weapons tomorrow i.e., on 16.01.1993. On 16.01.1993, A-53, A-41 and A-139 delivered 3 AK-56 Rifles and 250 rounds of ammunitions and some hand grenades at the residence of A-117. On 18.01.1993, out of the abovesaid 3 AK-56 Rifles and ammunitions, 2 rifles and some ammunition were taken away by co-accused persons including one Mansoor Ahmed (A-89).(c) On 12.03.1993, bomb explosions took place at various places in Bombay causing death of 257 persons, injuries to 713 and destruction of property worth about Rs. 27 crores.(d) On 18.04.1993, A-89 was taken in police custody whereas A-117 was arrested from the Mumbai International Airport on 19.04.1993 upon his arrival from Mauritius. On the same day, at about 15:30-15:40 hrs., he made a statement to the police that the rifle and the pistol and its rounds thereof have been kept with A-118 and that he would identify him and his house in Dongri, Umarkhari. He also led the police party to the house of A-118 at 15:45 hrs. When whereabouts of A-118 were searched, it was found that he was detained by the Dongri Police Station in connection with the non-renewal of Arms licence.(e) A-118 was summoned from Dongri Police Station and produced before DCB-CID. He made a statement mentioning the name of A-124 and led the police party to his house.(f) During investigation, A-124 produced a spring and a rod remnant of the burnt AK-56 and also made a further statement regarding 9mm pistol and led the police party to A-125. A-125 made a statement and after that the police party proceeded to the house of A-120.(g) A-120 produced a bag containing box wherein the pistol and its cartridges were found. His statement was recorded and the articles were seized and a Panchnama was drawn.(h) All the above facts form part of the complaint culminated into the registration of a Local Act Case (LAC) bearing No. 21 of 1993 in respect of the above said 5 persons, namely, A-117, A-118, A-124, A-125 and A-120. The said complaint mentioned that the investigation being carried out in furtherance of C.R. No. 70 of 1993. The sequence of events after the arrest of A-117 till the recovery of pistol from A-120 formed part of an unbroken chain inseparably connected with each other.(i) On 22.04.1993, Mr. Krishan Lal Bishnoi, the then DCP (PW-193), who was investigating Worli Blast from 13.03.1993 was withdrawn from investigation. On 26.04.1993, A-117 expressed his desire to make a confession and, accordingly, he was produced before PW-193, who after recording the preliminary statement (First part), awarded him a period of 48 hours for cooling off.(j) On 27.04.1993, the confession of A-118 was recorded by Mr. Bishnoi (PW-193) in first part and a further time for reflection was awarded to him.(k) On 28.04.1993, PW-193 recorded the second part of the confession of A-117. Similarly, on 29.04.1993, the confession of A-118 was recorded by PW-193 which remained un-retracted.(l) On 03.05.1993, A-117 was sent to the judicial custody. On 05.05.1993, A-117 filed a writ petition before the Bombay High Court and the High Court released him on interim bail with the direction that the bail granted to A-117 would continue till the filing of charge sheet in the Designated Court and after that the said Court would consider his bail application.(m) Between 18th and 20th May, 1993, and 24th and 26th May, 1993, confessions of A-53 and A-89 respectively were recorded by PW-193.(n) On 04.11.1993, a consolidated charge sheet was filed against all the accused persons including the Appellants (A-117, A-118 and A-124). On 19.06.1994, A-117 applied for bail before the Designated Court. By order dated 04.07.1994, the Designated Court dismissed the said application.(o) Against the said order, A-117 filed a special leave petition before this Court and prayed for grant of bail. After hearing the bail petition, this Court, by order dated 18.08.1994 in Sanjay Dutt v. State (I) (1994) 5 SCC 402 ,  referred the matter to the Constitution Bench on the question of interpretation and construction of the provisions of TADA, namely, Section 5 as well as Section 20. By order dated 09.09.1994, the said reference was answered by the Constitution Bench in Sanjay Dutt v. State (II) (1994) 5 SCC 410 . After the reference was answered, the matter was placed before the regular Bench for consideration of the bail application. By order dated 23.09.1994, this Court rejected the application for bail filed by A-117. On 09.11.1994, A-117 filed a detailed retraction.(p) In June, 1995, in view of the directions of this Court in Kartar Singh v. State of Punjab (1994) 3 SCC 569 ,  the Central and State Government set up a Review Committee in order to individually review the cases of the accused persons involved in the Bombay bomb blasts case to consider whether or not the provisions of TADA are applicable against individual accused persons and whether or not any of the accused persons ought to be entitled to bail? On 08.08.1995, the report of the Review Committee recommended that the public prosecutor, on certain parameters, may recommend certain cases for bail. The case of A-117 was one such case that was considered for grant of bail by the public prosecutor. The said report was filed by the prosecution before the trial Court on 09.08.1995. The CBI, in M.A. No. 312 of 1995, filed an application before the Designated Court stating that they have no objection for grant of bail to A-117 and 11 others.(q) On 11.09.1995, in view of the report of the Review Committee, A-117 renewed his prayer for bail before the Designated Court but the Designated Court again dismissed the said application. In September, 1995, challenging the said order, A-117 filed Criminal Appeal No. 1196 of 1995 before this Court and prayed for grant of bail. On 16.10.1995, this Court granted bail to him till the completion of his trial. (1995 (6) SCC 189 ).(r) By order dated 28.11.2006 and 31.07.2007, the Appellants (A-117, A-118 and A-124) were convicted and sentenced by the Designated Court as mentioned earlier.6. The prosecution relied on the following evidence which is in the form of:(i) the evidence of their own confessions;(ii) confessions made by other co-conspirators; (co-accused)(iii) Deposition of Prosecution witnesses, viz., - Shri Krishan Lal Bishnoi (PW-193), the then DCP, Pandharinath H. Shinde (PW-218)- who was on guard duty at the bungalow of Sunil Dutt, Manohar Vasudev Shirdokar (PW-219)-Sr. Inspector of Police, Suresh S. Walishetty (PW-680), Rajaram Ramchandra Joshi (PW-475), API, Panch Witness Shashikant Rajaram Sawant (PW-211), Gangaram Bajoji (PW-265)-independent witness and Karmegam Algappan, PW-472 attached with computer cell of MTNL, Malabar Hill and;(iv) documentary evidence.91. A common charge of conspiracy was framed against all the co-conspirators including the Respondent. The relevant portion of the said charge is reproduced hereunder:During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai (U.A.E.) Pakistan, entered into a criminal conspiracy and/or were members of the said criminal conspiracy whose object was to commit terrorist acts in India and that you all agreed to commit following illegal acts, namely, to commit terrorist acts with an intent to overawe the Government as by law established, to strike terror in the people, to alienate sections of the people and to adversely affect the harmony amongst different sections of the people, i.e. Hindus and Muslims by using bombs, dynamites, hand grenades and other explosive substances like RDX or inflammable substances or fire-arms like AK-56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries to any person or persons, loss of or damage to and disruption of supplies of services essential to the life of the community, and to achieve the objectives of the conspiracy, you all agreed to smuggle fire-arms, ammunition, detonators, hand grenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of confidence for the purpose of committing terrorist acts and for the said purpose to conceal and store all these arms, ammunition and explosives at such safe places and amongst yourselves and with your men of confidence till its use for committing terrorist acts and achieving the objects of criminal conspiracy and to dispose off the same as need arises. To organize training camps in Pakistan and in India to import and undergo weapon training in handling of arms, ammunitions and explosives to commit terrorist acts. To harbour and conceal terrorists/co-conspirators, and also to aid, abet and knowingly facilitate the terrorist acts and/or any act preparatory to the commission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the conspiracy to commit terrorist acts, to do and commit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal conspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri Bazar, Katha Bazar, Century Bazar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing hand grenades at Macchimar Hindu Colony, Mahim and at Bay-52, Sahar International Airport which left more than 257 persons dead, 713 injured and property worth about Rs. 27 crores destroyed, and attempted to cause bomb explosions at Naigaum Cross Road and Dhanji Street, all in the city of Bombay and its suburbs i.e. within Greater Bombay. and thereby committed offences punishable under Section 3(3) of TADA (P) Act, 1987 and Section 120B of Indian Penal Code read with Sections 3(2)(i)(ii), 3(3), (4), 5 and 6 of TADA (P) Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1A), (1B)(a) of the Arms Act, 1959, Sections 9B (1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my cognizance.In addition to the first charge, the Appellant (A-120) was also charged for having committed the following offence in pursuance of the criminal conspiracy described at charge firstly:At head Secondly: The Appellant, in pursuance of the aforesaid criminal conspiracy, was found to be connected with the episode of possession of unauthorized arms and hand grenades by A-117, A-118, A-124 and A-125 and committed the following overt acts:(a) The Appellant, by receiving and keeping in his possession one 9mm pistol and its cartridges, which were smuggled into the country for committing terrorist acts, thereby aided the co-conspirator and committed an offence punishable under Section 3(3) oft head Thirdly: The Appellant possessed the above mentioned pistol and its ammunition in Greater Bombay which is specified as a notified area under Clause (f) of Sub-section (1) of Section 2 of TADA and thereby committed an offence punishable under Section 5 of TADA.At head Fourthly: The Appellant, by possessing the above mentioned arms and its ammunitions with intent to aid terrorists committed an offence punishable under Section 6 of TADA.At head Fifthly: The Appellant, by possessing the above mentioned arms and its ammunitions, committed an offence punishable under Sections 3 and 7 read with Section 25(1-A)(1-B)(a) of the Arms Act, 1959.Conviction and Sentence:92. The Designated Court, by impugned judgment dated 02.08.2007, after considering the materials placed on record and after adverting to all the contentions raised and submissions made, acquitted him of all the charges framed against him.99. A common charge of conspiracy was framed against all the co-conspirators including the Appellant. The relevant portion of the said charge is reproduced hereunder:During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai (U.A.E.) Pakistan, entered into a criminal conspiracy and/or were members of the said criminal conspiracy whose object was to commit terrorist acts in India and that you all agreed to commit following illegal acts, namely, to commit terrorist acts with an intent to overawe the Government as by law established, to strike terror in the people, to alienate sections of the people and to adversely affect the harmony amongst different sections of the people, i.e. Hindus and Muslims by using bombs, dynamites, hand grenades and other explosive substances like RDX or inflammable substances or fire-arms like AK-56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries to any person or persons, loss of or damage to and disruption of supplies of services essential to the life of the community, and to achieve the objectives of the conspiracy, you all agreed to smuggle fire-arms, ammunition, detonators, hand grenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of confidence for the purpose of committing terrorist acts and for the said purpose to conceal and store all these arms, ammunition and explosives at such safe places and amongst yourselves and with your men of confidence till its use for committing terrorist acts and achieving the objects of criminal conspiracy and to dispose off the same as need arises. To organize training camps in Pakistan and in India to import and undergo weapon training in handling of arms, ammunitions and explosives to commit terrorist acts. To harbour and conceal terrorists/co-conspirators, and also to aid, abet and knowingly facilitate the terrorist acts and/or any act preparatory to the commission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the conspiracy to commit terrorist acts, to do and commit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal conspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri Bazaar, Katha Bazaar, Century Bazaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing hand grenades at Macchimar Hindu Colony, Mahim and at Bay-52, Sahar International Airport which left more than 257 persons dead, 713 injured and property worth about Rs. 27 crores destroyed, and attempted to cause bomb explosions at Naigaum Cross Road and Dhanji Street, all in the city of Bombay and its suburbs i.e. within Greater Bombay. and thereby committed offences punishable under Section 3(3) of TADA (P) Act, 1987 and Section 120-B of Indian Penal Code read with Sections 3(2)(i)(ii), 3(3)(4), 5 and 6 of TADA (P) Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1A), (1B)(a) of the Arms Act, 1959, Sections 9B(1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my cognizance.In addition to the above-said principal charge of conspiracy, the Appellant was also charged on other counts which are as under:At head Secondly; The Appellant committed an offence punishable under Section 3(3) of TADA by doing the following overt acts:(a) The Appellant supplied 3 AK-56 rifles, its magazines, ammunitions and hand grenades to Sanjay Dutt (A-117) at his residence at the instance of Anees Ibrahim Kaskar (AA).(b) The Appellant arranged 7 air tickets from East West Travels by making cash payment at the instance of A-1 to facilitate the escape of members of Memon family to Pakistan via Dubai.At head Thirdly; The Appellant acquired and facilitated transport of the above mentioned arms and ammunitions to A-117 with intent to aid terrorist and thereby committed an offence punishable under Section 6 of TADA.100. The Designated Court found the Appellant guilty on the charges mentioned at head firstly (smaller conspiracy) and Clause (a) at head secondly. The Appellant has been convicted and sentenced for the above said charges as under:Conviction and Sentence:(i) The Appellant has been convicted for the offence of conspiracy read with the offences described at head firstly and sentenced to RI for 9 years alongwith a fine of Rs. 1,00,000/-, in default, to further undergo RI for 3 years for the commission of offence under Section 3(3) of TADA. (charge firstly)(ii) The Appellant has been convicted for the offence under Section 3(3) of TADA for commission of acts mentioned at Clause (a) of head secondly, and sentenced to RI for 9 years alongwith a fine of Rs. 1,00,000/-, in default, to further undergo RI for 3 years. (charge secondly)116. A common charge of conspiracy was framed against all the co-conspirators including the Appellant. The relevant portion of the said charge is reproduced hereunder:During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai (U.A.E.) Pakistan, entered into a criminal conspiracy and/or were members of the said criminal conspiracy whose object was to commit terrorist acts in India and that you all agreed to commit following illegal acts, namely, to commit terrorist acts with an intent to overawe the Government as by law established, to strike terror in the people, to alienate sections of the people and to adversely affect the harmony amongst different sections of the people, i.e. Hindus and Muslims by using bombs, dynamites, hand grenades and other explosive substances like RDX or inflammable substances or fire-arms like AK-56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries to any person or persons, loss of or damage to and disruption of supplies of services essential to the life of the community, and to achieve the objectives of the conspiracy, you all agreed to smuggle fire-arms, ammunition, detonators, hand grenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of confidence for the purpose of committing terrorist acts and for the said purpose to conceal and store all these arms, ammunition and explosives at such safe places and amongst yourselves and with your men of confidence till its use for committing terrorist acts and achieving the objects of criminal conspiracy and to dispose off the same as need arises. To organize training camps in Pakistan and in India to import and undergo weapon training in handling of arms, ammunitions and explosives to commit terrorist acts. To harbour and conceal terrorists/co-conspirators, and also to aid, abet and knowingly facilitate the terrorist acts and/or any act preparatory to the commission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the conspiracy to commit terrorist acts, to do and commit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal conspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri Bazaar, Katha Bazaar, Century Bazaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing hand grenades at Macchimar Hindu Colony, Mahim and at Bay-52, Sahar International Airport which left more than 257 persons dead, 713 injured and property worth about Rs. 27 crores destroyed, and attempted to cause bomb explosions at Naigaum Cross Road and Dhanji Street, all in the city of Bombay and its suburbs i.e. within Greater Bombay. and thereby committed offences punishable under Section 3(3) of TADA (P) Act, 1987 and Section 120-B of Indian Penal Code read with Sections 3(2)(i)(ii), 3(3)(4), 5 and 6 of TADA (P) Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25(1A), (1B)(a) of the Arms Act, 1959, Sections 9B(1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my cognizance.In addition to the first charge, the Appellant (A-119) was also charged for having committed the following offences in pursuance of the criminal conspiracy described as under:At head Secondly: The Appellant, in pursuance of the aforesaid criminal conspiracy, has committed the following overt acts:(a) The Appellant, in connivance with other co-conspirators kept in her possession AK-56 rifles, its ammunitions and hand grenades which she stored at her residence at the instance of Anees Ibrahim Kaskar (AA) which was brought to her residence by wanted accused Abu Salem Qayum Ansari (then absconding now A-139) and Manzoor Ahmed Sayed Ahmed (A-89) and thereby aided and facilitated the distribution of firearms, ammunition and explosives smuggled into India by other co-conspirators for committing terrorist acts and thereby committed an offence punishable under Section 3(3) oft head Thirdly: The Appellant, in pursuance of the aforesaid criminal conspiracy, had in her possession, unauthorisedly, AK-56 rifles, its ammunitions and hand grenades in Greater Bombay which is specified as a notified area under Clause (f) of Sub-section (1) of Section 2 of TADA and thereby committed an offence punishable under Section 5 of TADA.At head Fourthly: The Appellant, in pursuance of the aforesaid criminal conspiracy, with an intent to aid terrorists and failed to give information to police/magistrate contravened the provisions of the Arms Act, 1959, the Arms Rules, 1962, the Explosive Substances Act, 1908 and the Explosives Rules, 1983 and thereby committed an offence punishable under Section 6 of TADA.Conviction and Sentence:117. The Appellant (A-119) has been convicted and sentenced as under:(i) RI for 5 years with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months under Section 3(3) of TADA (charge secondly)(ii) RI for 5 years along with a fine of Rs. 75,000/-, in default, to further undergo RI for a period of 1 1/2 (one and a half) years. (charge fourthly)118. The Designated Court acquitted the Appellant (A-119) on the first and third charge. Challenging the conviction A-119 filed Criminal Appeal No. 1001/2007 and Criminal Appeal No. 392/2011 has been preferred by the prosecution challenging the acquittal of the Appellant on the charge of conspiracy alone.

Reasoning:
19. The abovesaid confession highlighted the crime for which the Appellant-Sanjay Dutt has been charged. The following facts emerge from the abovesaid confession:i) He was already having three licensed firearms.ii) He developed acquaintance with Anees Ibrahim -brother of Dawood Ibrahim during a film-shooting in Dubai.iii) He expressed his desire to Samir Hingora (A-53) and Hanif Kandawala (A-40) to have an automatic fire-arm.iv) They came with one Salem with whom Sanjay Dutt was already acquainted with and they assured him of the delivery of weapons the next day in the morning.v) They came in the morning of 16.01.1993 with one other person and delivered 3 AK-56 Rifles and 250 rounds.vi) After 2 days, he returned 2 AK-56 and ammunitions but retained 1 AK-56 and some ammunition.vii) In April, while he was shooting at Mauritius, he heard the news of the arrest of Samir and Hanif, on which, he got frightened and requested his friend Yusuf Nulwalla to destroy the weapons.20. The Appellant (A-117) not only implicates himself in the above said statement but also amongst others the Appellant-Yusuf Nulwalla (A-118). The abovesaid confession has been duly recorded by PW-193 who has proved the compliance with the provisions of law while recording the confession. The abovesaid confession is a substantive piece of evidence and it has been held in a series of judgments that the confession can be the sole basis of conviction, if recorded in accordance with the provisions of TADA. Further, the confessional statement establishes the unauthorized possession of weapons in the notified area of Bombay.21. The confession of the Appellant (A-117) is substantiated and corroborated with the confession of other co-accused, namely, Samir Hingora (A-53), Baba @ Ibrahim Musa Chauhan (A-41), Mansoor Ahmed (A-89), Hanif Kandawala (A-40), Yusuf Nulwalla (A-118) and Kersi Bapuji Adajania (A-124) which are as under.22. The abovesaid confessional statements of the co-accused clearly establish the case against the Appellant-Sanjay Dutt and also corroborate with each other in material particulars. The following facts emerge from the abovesaid confessional statements:(i) The Appellant had acquired 3 AK-56 rifles and its ammunitions unauthorisedly.(ii) Samir Hingora (A-53), Hanif Kandawala (A-40) and Salem (A-139) provided the above said arms and ammunitions to the Appellant at his residence.(iii) On being frightened after seeing the weapons, the Appellant contacted Hanif Kandawala (A-41) and requested him to take away the weapons.(iv) Abu Salem came after few days and the Appellant returned 2 AK-56 rifles and also ammunitions, but retained one AK-56 rifle and some of its ammunitions.Confessional Statement of the Appellant - Yusuf Mohsin Nulwalla (A-118)23. Confessional statement of A-118 under 15 of TADA was recorded on 27.04.1993 at (14:20 hrs.) and 29.04.1993 at (16:00 hrs.) by Shri K.L. Bishnoi, the then DCP, Zone-III, Bombay.24. From the abovesaid confession, the following facts emerge:i) Yusuf Mohsin Nulwalla is an old and well known friend of Sanjay Dutt.ii) In the month of April, when Sanjay Dutt was in Mauritius, A-118 was asked to destroy certain objects kept at his residence.iii) On reaching there, he discovered AK-56 and a pistol and ammunition.iv) He tried to destroy them.v) He took all these objects to a friend of his, namely, Kersi Bapuji Adajania (A-124)vi) A-124 helped him to destroy the same but he retained the pistol with him.vii) Upon being reminded about destroying the pistol, A-124 assured A-118 that he would take care of it.25. In view of the above, it is seen that the Appellant (A-118), upon instructions, caused destruction of evidence related to an offence, which were unauthorisedly possessed automatic firearms/weapons in a notified area, attracting the provisions of the Arms Act. The confession of A-118 not only involves and implicates him, but also implicates Kersi Adajania (A-124). The confession of A-118 corroborates with the confession of A-117 as well as A-124.Confessional Statement of the Appellant - Kersi Bapuji Adajania (A-124)26. The confessional statement of A-124 under Section 15 of TADA was recorded on 27.04.1993 (15:10 hrs.) and on 30.04.1993 at (16:00 hr.) by Shri K.L. Bishnoi, the then DCP, Zone-III, Bombay.27. From the above confession, the following facts emerge:(i) A-118 was a sub-contractor of A-124. A-124 was also acquainted with A-117. All three of them were fond of hunting and, in fact, went together for hunting once.(ii) A-124 had his workshop in his house where he was keeping all his tools including the gas cutter.(iii) In or around April, A-118 contacted A-124 in order to destroy an AK-56 and a pistol belonging to Sanjay Dutt (A-117).(iv) A-124 permitted him to do so.(v) A-124 personally destroyed AK-56. (vi) A-124 kept with himself the pistol.28. The abovesaid confession establishes the charge framed against A-124 that he knowingly destroyed evidence related to an offence. A-124 was thereafter in unauthorized possession of the fire-arm. The abovesaid confession also corroborates in material particulars, the confession of A-118.29. The abovesaid confessions of the Appellants, viz., A-117, A-118 and A-124 have been recorded by PW-193, who has proved that the said confessions were recorded after following the requirements of the provisions of Section 15 of TADA. It is relevant to point out that notwithstanding vigorous cross-examination of the witness (PW-193), he stood firmly without being shaken. A long line of arguments was placed before the Designated Court attacking the voluntariness of the confession on various occasions, which had been considered in detail by the trial Court and we fully agree with the same.37. It is clear that a confessional statement duly recorded by a Police Officer is a substantive piece of evidence and the same can be relied upon in the trial of such person or of the co-accused, abettor or conspirator if the requirements of Section 15 of TADA, and the rules framed thereunder are complied with. The police officer, before recording the confession, has to observe the requirement of Section 15(2) of TADA. A voluntary and truthful confessional statement recorded under Section 15 of TADA requires no corroboration. However, as a matter of prudence, the court may look for some corroboration if confession is to be used against co-accused. It is made clear that whether such confession requires corroboration or not is a matter for the court to consider such confession on the facts and circumstances of each case. If the confession made by an accused is voluntary and true, it is admissible against co-accused as a substantive piece of evidence and minor and curable irregularities in recording of confession, such as omission in obtaining the certificate of the competent officer with respect to the confession do not affect the admissibility of the said evidence.It is settled law that a voluntary and free confession, even if later retracted, can be relied upon.39. In the case of the Appellant - Sanjay Dutt (A-117), the retraction statement was not made at the first available opportunity. After the recording of his confession, within 10 days, the accused was released on bail by the High Court, and the accused remained free for a considerable period of time. In fact, the judgment delivered by the Constitution Bench on 09.09.1994 also noted down that the said confession of the accused remained un-retracted. The retractions were made many months after the recording of the confession.42. In Manjit Singh v. CBI (2011) 11 SCC 578 ,  this Court, while considering the question whether retracted confessions of the co-accused could be relied upon to convict the accused, held that the retracted statements can be used against the accused as well as the co-accused provided such statements were truthful and voluntary when made. In the said case, two accused persons made confessional statements and, subsequently, they retracted from their statements. This Court observed:87. A confessional statement given under Section 15 of TADA shall not be discarded merely for the reason that the same has been retracted...It is pointed out that the confession in the present case was truthful and voluntary and has been recorded after strictly following the law and the prescribed procedure, the subsequent retraction and denial of such confessional statements in the statement of the accused under Section 313 was only as a result of an afterthought.49. In Ravinder Singh v. State of Maharashtra (2002) 9 SCC 55 ,  this Court held that a confession does not require any corroboration if it relates to the accused himself. It was further held that there was enough evidence to provide general corroboration to the confessional statement. It was also held that minor contradictions in the statements of the accused were of no consequence once the confessions were held to be reliable.55. In Manjit Singh v. CBI (2011) 11 SCC 578 ,  the following observations of this Court regarding the admissibility of confessional statements are pertinent:91. In Ravinder Singh case, the Court relying on State v. Nalini, S.N. Dube v. N.B. Bhoir and Devender Pal Singh v. State (NCT of Delhi), held that: (Ravinder Singh case, SCC p. 59, para 17)17. It is thus well established that a voluntary and truthful confessional statement recorded under Section 15 of the TADA Act requires no corroboration.This apposite observation by the Bench of two learned Judges in Ravinder Singh case (supra) should be considered with measured caution and we believe, taking into account the ground realities that it would be prudent to examine the authenticity of a confession on a case-by-case basis.56. The corroboration as required in the abovesaid judgment can also be found in the case at hand, both in the nature of substantive evidence in the form of the confessions of the co-accused, as well as in the oral testimony of witnesses, including the eye witnesses to the incident who have identified the Appellant-Sanjay Dutt (A-117), as well as the co-accused persons, viz., A-41 and A-53.57. Apart from the evidence contemporaneous to the arrest of the abovesaid three accused and the recovery made from A-124 and subsequent recovery at the instance of A-124 from A-120, are also relevant in respect of all the three abovenamed Appellants.58. It is clear that the sequence of events after the arrest of Sanjay Dutt till the recovery of pistol from A-120, forms part of an unbroken chain inseparably connected to each other. No foul play can be assumed in view of the fact that the events happened in quick succession one after the other, lending credibility and truthfulness to the whole episode. The role and the part played by A-118 and A-124 is also clear from the evidence relied upon by the prosecution in respect of A-117, which corroborates with each other in material particulars and is thus a substantive piece of evidence.Deposition of Prosecution Witnesses:59. Apart from the aforesaid evidence, the involvement and the role of the Appellant in the conspiracy as stated above is disclosed by the deposition of various prosecution witnesses which are as follows:Deposition of Shri K.L. Bishnoi (PW-193)PW-193, the then DCP, deposed as under with regard to the confession made by A-117:(i) On 26.04.1993, at about 3:15 p.m., A-117 was produced by A.P.I. Shri Sanjay Kadam before him in the room given by Senior P.I. Shri Kumbhar, in the office of DCB, CID, Crime Branch, for recording of his confession and he took the proceedings by asking A-117 certain questions in English and during the same, amongst other replies given by him, he told him that he wanted to make a statement.(ii) During the said proceedings, amongst other, he had explained to A-117, that he was not bound to make a confession and the same can be used against him in evidence and when A-117 still intended to give the confession, PW-193 gave him 48 hours time to reconsider his decision.(iii) Exhibit 868 being the true and correct record of the said proceedings made by him with the help of a typist in his presence which was read over to A-117 and confirmed by him as of being correctly recorded, and bearing the signatures of A-117 as well as of PW-193.(iv) On 28.04.1993, at about 16:00 hours, A-117 was again produced before P.W. 193 in the chamber of Senior P.I. DCB, CID, in the office of Crime Branch, C.P. office by A.P.I. Shri S.A. Khere for further proceedings, and he followed all the procedures mentioned above and recorded the same which is Exh. 868-A.(v) PW-193 deposed that A-117 confessed that he already had three licensed firearms.(vi) He developed acquaintance with Anees Ibrahim-brother of Dawood Ibrahim during a film-shooting(vii) He expressed his desire to have an automatic fire-arm to Samir Hingora (A-53) and Hanif Kandawala (A-40).(viii) Sanjay Dutt was already acquainted with Salem and he had assured him of delivery of the weapons.(ix) With the help of above named persons, 3 AK-56 Rifles and 250 rounds were delivered to A-117.(x) After 2 days, he returned 2 AK-56 rifles and ammunitions, and retained 1 AK-56 and some ammunition.(xi) A-117 kept the same in a handbag and placed it in the private hall on the 2nd floor of his bungalow.(xii) On hearing the news of the arrest of co-accused persons, viz., Samir Hingora (A-53) and Hanif Kandawala (A-40), A-117 contacted Yusuf Nulwalla over telephone and asked him that something is lying in a black coloured bag kept in the hall on the second floor of his house, and it should be taken away immediately and to destroy the objects completely.(v) He was picked up by the police as soon as he landed at Bombay.Deposition of PW-193 with regard to the confession made by A-118:(i) A-118 is an old and well known friend of Sanjay Dutt (A-117).In the month of April, when Sanjay Dutt was in Mauritius, A-118 was asked to destroy certain objects kept at his residence.(iii) On reaching there, he discovered one AK-56 rifle, two empty magazines, approximately 250 rounds of AK-56, one pistol and one loaded magazine.(iv) A-118 cutted the rifle into pieces with the help of a hexa-cutting machine.(v) A-118 took all those things to Kersi Adajania (A-124), who was having a gas-cutter, in order to melt the same.(vi) A-118 caused disappearance of evidence of an offence which were also unauthorisedly possessed automatic firearms/weapons.(vii) Next day, he informed A-117 about the completion of the work assigned to him.Deposition of PW-193 with regard to the confession made by A-124:(i) A-124 was very well acquainted with A-117 and A-118. (ii) A-124 had his workshop in his house where he kept all his tools including the gas cutter.(iii) A-118 contacted A-124 and said that he wanted to destroy AK-56 and a pistol belonging to Sanjay Dutt (A-117).(iv) A-124 permitted him to do so.(v) A-124 personally destroyed AK-56.(vi) A-124 kept with himself the pistol.Deposition of Pandharinath H. Shinde (PW-218)The deposition reveals as under:(i) On 11.01.1993, he was posted on guard duty at the bungalow of Sunil Dutt at Pali Hill, Khar, Bombay.(ii) He had worked as a Protection Guard at the said bungalow from 11.01.1993 to 19.01.1993. He was on duty during that period for 24 hours.(iii) On the said day, at about 7:30 a.m., one white Maruti van came to gate No. 2 of the said bungalow and three persons were sitting in the said van.(iv) He identified Ibrahim Musa Chauhan (A-41) and Samir Hingora (A-53) as the persons who were sitting at the back of the said van.Deposition of Manohar Vasudev Shirodkar (PW-219)At the relevant time, PW-219 was Senior Inspector of Police at Khar Police Station, Bombay. His deposition establishes that PW-218 was posted on Protection Duty at the bungalow of Sunil Dutt.Deposition of Suresh S. Walishetty (PW-680)PW-680, the Investigating officer revealed as under:(i) He deposed that Sanjay Dutt (A-117) expressed his desire to make a voluntary statement. Thereafter, he instructed his staff to make arrangement of two persons to act as panch witnesses. The said persons were Shri Tavade and Shri Sawant (PW 211).(ii) PW-680 instructed Shri Rajaram Ramchandra Joshi (PW-475), Assistant Inspector of Police to record the panchnama.(iii) Sanjay Dutt made a voluntary statement in Hindi Language, which was recorded in the memorandum Panchnama Exhibit 1068 by PW-475.(iv) As per the said disclosure, Sanjay Dutt led the Police party to the House of Yusuf Nulwala (A-118).(v) Yusuf Nulwala was produced by the officers of Dongri police station after about half an hour after their return to the office of DCB-CID.(vi) Yusuf Nulwala made a disclosure statement and led the police party to the house of Kersi Adajania (A-124).(vii) Kersi Adajania made a disclosure statement and produced a spring and a rod which was seized by the police and also led the Police party to A-125.(viii) A-125 made a disclosure statement and led the police party to the House of A-120 wherefrom a pistol and its rounds were recovered.