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1999 Supreme(SC) 1629

K.T.THOMAS, D.P.WADHWA, S.S.MOHAMMED QUADRI
State through Superintendent of Police – Appellant
Versus
Nalini – Respondent


Advocates Appeared:
For the Appearing Parties :- Mr. Altaf Ahmed, Additional Solicitor General, Mr. N. Natarajan, S. Siva Subramaniam, Sr. Advocates with Mr. Jacob Deniel, Mr. Mariaputham, Mr. Romy Chacko, Mr. S.A. Matoo, Ms. Meenakshi Arora, Mr. A.D.N. Rao, Mr. P. Parmeshwaran, Mr. N. Chandrasekharan, Mr. S. Duraisamy, Mr. T. Ramdass, Mr. Ilamgovan, Mr. Sunder Mohan, B. Gopi Krishna Jai Srilank, K. Vijaykumar, Mr. V. Rama Subramaniam, Mr. T. Raja, Mr. K. Thennan and D.K. Singh, Advocates.

ORDER :

K.T. Thomas, J. - The conviction and sentence passed by the trial court of the offences of Section 3(3), Section 3(4) and Section 5 of the TADA are set aside in respect of all those appellants who were found by the trial court guilty under the said counts.

2. The conviction and sentence passed by the trial court of the offences under Sections 212 and 216 of the Indian Penal Code, Section 14 of the Foreigners Act, 1946, Section 25(1-B) of the Arms Act, 1959 Section 5 of the Explosive Substance Act, Section 12 of the Passports Act, and Section 6(1-A) of the Wireless and Telegraph Act, 1933, in respect of those accused who were found guilty of those offences, are confirmed. If they have already undergone the period of sentence under those counts it is for the jail authorities to release such of those against whom no other conviction and sentence exceeding the said period have been passed.

3. The conviction for the offence under Section 120-B read with Section 302 Indian Penal Code as against A-1 (Nalini), A-2 (Santhan @ Raviraj), A-3 (Murugan @ Thas), A-9 (Robert Payas), A-10 (Jayakumar), A-16 (Ravichandran @ Ravi) and A-18 (Perarivalan @ Arivu), is confirmed.

4. We set aside the

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