IMPORTANT POINT
While exercising the power to grant bail, the Designated Court is not expected to exercise the power of the Trial Court and to record a finding which is expected to be recorded at the conclusion of the trial.

JUDGMENT

N.P. Singh, J. - Leave granted.

2. These appeals have been filed on behalf of the State of Gujarat against orders passed by the Designated Court under the Terrorist and Disruptive Activities (prevention) Act, 1987 (hereinafter referred to as TADA Act) directing release of the Respondents Gadhvi Rambhai Nathabhai, Karu Rambhai Gadhvi, Ritesth Vajshi Pindariya, Nagshibhai Nathabhai, Hamir Sajan Ahir, Ranmal Bogha Ahir, Bhimshi Lakhman and Ibrahim Rasam Vagher, on bail. The said respondents are alleged to have committed offences punishable under Sections 25(1)(a)(b), 25(1-A), 25(1-AA), 25(1-AAA), 25(1-B) of the Arms Act, Sections 3, 4 and 5 of the TADA Act and Section 135 of the Customs Act.

3. It is the case of the prosecution that on receipt of an information on 19.6.1993, that accused-respondents Gadhvi Rambhai Nathabhai and Hitesth Vajshi Pindariya had stored smuggled arms and ammunitions in their residential premises, situated at Harsidhinagar of Khambhalia town, the District Superintendent of Police along with the Sub-Divisional Magistrate, two Deputy Superintendents of Police and other officials, raided the residential house of the aforesaid accused persons. During the search, Sub-Machine Gun made in Spain, several foreign made Revolvers and Pistols and cash amounting to Rs. 1,07,00,000/- (Rupees One crore and seven lakhs) were recovered from accused- respondent Gadhvi Rambhai Nathabhai. Several foreign made arms, huge quantity of cartridges and Rs. 1,07,67,000/- (Rupees One crore seven lakhs and sixty-seven thousand) were also recovered from accused-respondent Nagshibhai Nathabhai. It is also the case of the prosecution that from a Jeep Car near the farm house of accused Hamir Sajan Ahir, a gunny bag was recovered in which there were two A.K. 56 Rifles, one Tomy Gun, two Pistols, two empty magazines of A.K. 56 Rifles, two big Walky Talky sets, a small Transmiter, 98 cartridges of twelve bore, 191 cartridges of A.K. 56 Rifles, 35 cartridges of Revolver. Similarly, from other accused persons several foreign made Pistols and arms are alleged to have been recovered. It is alleged that the accused-respondents are working as main landing agents of notorious smugglers and the prime accused Haji Ismail who is controlling the activities from Dubai. In the special leave petitions filed before this Court, it has been stated on behalf of the State that contraband articles like arms, ammunitions and explosives were being freely distributed in the troubled parts of the country like Punjab, Assam and Kashmir on a very large scale.

4. The Designated Court after referring to the case of the prosecution and recovery of arms and ammunitions from the different accused persons observed in the impugned order:

"The accused prima facie, seem to have been involved in illegal import or otherwise possession of arms and ammunitions and the charge is difficult to be dislodged in view of the disclosure from the papers of investigations. However, there is a strong controversy regarding the applicability or otherwise and attraction of various provisions of the TADA Act."

Thereafter, it has said:

"It is true that the accused are or were found to be in possession of Arms and ammunitions without permit or licence but there is nothing on record even to remotely connect them and prima facie establish that any of them had intended to over-awe the Government by law established or to strike terror in the people on any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people or did any act or thing by using bombs, dynamite or other explosive substance or committed or conspired or attempted to commit or abetted to commit activities as mentioned in Secs. 3 and 4 of the TADA Act. The Accused are simply the persons who had been lastly found in possession of such arms and ammunitions. The learned pipe. Mr. H.O. Bhatt tried to establish the connection with the recent Bombay Bomb Blast