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MARKANDEY KATJU, S. B. SINHA
Harbans Singh – Appellant
Versus
State (Govt. of N. C. T. of Delhi) – Respondent
JUDGMENT
Markandey Katju, J.—Leave granted.
This appeal has been filed against the impugned judgment dated 9.1.2006 of the Delhi High Court in Criminal Appeal No.331 of 2004.
Heard learned counsel for the parties and perused the record.
2. Harbans Singh-appellant and one Mohd. Ayub Mir were convicted by a common judgment dated 6.4.2004 in FIR 34/2002 under Sections 3/20/22 of Prevention of Terrorism Act, 2002 (in short ‘POTA’) dated 2.7.2002 P.S. Special Cell (S.B.). Both the appellants have been sentenced to 14 years of rigorous imprisonment under Section 22 of POTA. Mohd. Ayub Mir has been sentenced to life imprisonment and to pay a fine of Rs.1,000/- and in default simple imprisonment for one month under Section 3(5) of POTA and to rigorous imprisonment for 10 years for the offence under Section 20 of POTA.
3. 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 inf
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