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1994 Supreme(SC) 411

A.M.AHMADI, R.M.SAHAI
S. N. Thapa – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.S.BHASME, Altaf Ahmed, LATA KRISHNAMURTHY, RAM JETHMALANI, S.B.JAISINGHANI, S.M.JADHAV, S.P.GOYAL

Judgment

R. M. SAHAI, J.:- This appeal is directed against the order dated 18th September, 1993 passed by the Designated Court, Pune dismissing the bail application filed by the appellant under S. 20(8) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA).

2. The appellant is an Additional Collector of Customs. He is an accused against whom a case was registered under various sections of Indian Penal Code including Ss. 3, 4 and 5 of TADA; The case relates to what has come to be known as Bombay Bomb Blast case. It is undisputed that between the last week of January and first fortnight of February, 1993 huge quantity of arms, ammunition and explosives were smuggled in the country. According to prosecution the large scale smuggling of highly sophisticated and lethal weapons would not have been possible but for the connivance of the officials of the Customs Department. The Designated Court after considering the material on record and after a detailed discussion recorded a finding that there was no direct evidence to implicate the appellant in the conspiracy. Yet it rejected the bail application as according to it there was material to draw a









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