Harbans Singh vs State (Govt. Of N.C.T. Of Delhi)

As per the prosecution case the co-accused Mohd. Ayub Mir, a terrorist of Lashkar-e-Taiba (in short `LeT') was staying in Room No.204, Hotel Tamanna, Gali Kasimajan, Bajlimaran, about which an information was registered in Daily Diary of Police Station Special Cell, Lodhi Colony on account of which he was kept under watch. It is alleged that the police had also received information from Jammu & Kashmir police that Mohd. Ayub Mir was a resident of Sri Nagar and was a surrendered militant of Jammu & Kashmir Liberation Front and was an active terrorist of LeT, a terrorist organization, and was required by the J & K police. The police further claims to have received an information that on 28.6.2002 the appellant-Mohd. Ayub Mir would receive an amount sent through hawala in the Central Park near Palika Bazar, Connaught Place. The police was alerted and followed his movements. On the relevant day one Tejinder Singh s/o Shri Gurcharan Singh was joined in the raiding party. Mohd. Ayub Mir was identified by his clothes, namely, blue jeans and yellow T- shirt. At 2.30 p.m., another person, Harbans Singh (the appellant before us) came to him and talked with him. The prosecution alleged that Mohd. Ayub Mir took out a 10 rupee note from the pocket of his shirt and gave it to Harbans Singh who matched the same with the paper slip which he took out from his own shirt pocket. Harbans Singh then put the note and the slip in his pocket and handed over a black polythene packet to Mohd. Ayub Mir. Both were immediately arrested. Further, the prosecution case is that on interrogation, Mohd. Ayub Mir admitted of his contacts with LeT and delivery of Rs.7 lakhs through hawala payments for the above militant organization from Harbans Singh. The polythene packet contained 14 packs of 100 notes of denomination of Rs.500/-. The 10 rupee note and the slip of paper were also recovered from the pocket of Harbans Singh and both were booked for the offence under Section 3/20 & 22 of POTA.

The prosecution examined 13 witnesses. The important witnesses for the prosecution were PW-6 Neeraj Kumar, SI, Special Cell, PW-9 Ved Prakash, Inspector, Special Cell, PW-10 Rajinder Singh and PW-12 Rajbir Singh, all of whom were present when the two appellants. Mohd. Ayub Mir and Harbans Singh were apprehended on 2.7.2002. PW-4 Ujjwal Misra, DCP, Special Branch recorded the confessional statement of Mohd. Ayub Mir and Harbans Singh. Both the appellants were eventually also produced before the Chief Metropolitan Magistrate, Delhi, Ms. Sangita Dhingra Sehgal, PW-5 for confirmation of the confessional statements. The accused denied having made the confessional statements. Harbans Singh further denied having been arrested from the Central Park, Connaught Place and claimed that he was arrested from the office of Deepak Jain, Gali No.76, Regarpura, Karol Bagh on 28.6.2002. Both the accused denied having confirmed their confessional statements when they were produced before the Chief Metropolitan Magistrate, Delhi. Both of them claimed to have been framed in the case.

The trial court after hearing the defence and the prosecution convicted the appellant and Mohd. Ayub Mir but acquitted Bachraj Bengani. The conviction is based on the confessional statements coupled with recovery of black polythene packet containing Rs.7 lakhs, the 10 rupee note and the slip. The contradictions in the evidence pointed out by the defence were held to be insignificant.

Against the judgment of the trial court, an appeal was filed before the High Court, which was dismissed by the impugned judgment and hence this appeal.

The High Court has considered all submissions of the accused in great detail in its well considered judgment and we see no reason to interfere with the same. The appeal is dismissed.