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2008 Supreme(SC) 1696

B.N.AGARWAL, G.S.SINGHVI
Mohmed Amin @ Amin Choteli Rahim Miyan Shaikh – Appellant
Versus
C. B. I. through its Director – Respondent


Advocates appeared:
For the Appellants :Ms. Kamini Jaiswal, Vimal Chandra S. Dave, Ms. Neelam Kalsi, Dr. Sushil Kumar Gupta, Kamal Mohan Gupta, Lalit Mittal and Satyendra Kumar, Advocates.
For the Respondent:A. Sharan, ASG., Ashok Bhan, Amit Anand Tiwari, Awadhesh Kumar Singh, Sachit Guru, B.K. Prasad and P. Parmeswaran, Advocates.

JUDGMENT

G.S. Singhvi, J. —

1. These appeals by Mohmed Faruk @ Frauk Baba Alla Rakha Shaikh, Mohmed Umar Majid Ahmed Pathan @ Mohmed Fighter @ Mohmed Pahelwan @ Mohmedkhan, Sajidali @ Denny Mohmed Ali Saiyed, Mohmed Amin @ Amin Choteli Rahim Miyan Shaikh, Iqbal Hussain @ Laliyo Dhobi Kasambhai Shaikh, Salimkhan Sikandarkhan Pathan @ Azamkhan Pathan and Gulam Mohmed @ Gulal Kadarbhai Shaikh (hereinafter described as appellant Nos. A-4, A-5, A-6, A-7, A-8, A-10 and A-11 respectively) are directed against judgment dated 6.2.2007 of the Designated Judge (TADA), Ahmedabad (hereinafter referred to the ‘trial Court’) whereby they were acquitted of charges under Section 3 and 5 of The Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short ‘the Act’) but were held guilty of different offences under the Indian Penal Code (for short ‘IPC’) and sentenced to life imprisonment. Appellant Nos.A-5 and A-8 were also convicted under Section 27 of the Arms Act, 1959 and sentenced to three years rigorous imprisonment and a fine of Rs.3,000/- and in default to undergo rigorous imprisonment for a further period of six months. They were also convicted under Section 135 of the Bombay Police A






































































































































































































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