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2012 Supreme(Bom) 316

P.D.KODE, A.M.KHANWILKAR
State of Maharashtra – Appellant
Versus
Sayeed Mohd. Hanif Abdul Rahim – Respondent


Advocates appeared:
For the Appellant: Poornima H. Kantharia, A.P.P. a/w J.P. Yagnik, A.P.P.
For the Respondent:R1, Khan Abdul Wahab, R2, Sushan Kunjuraman and Mahesh Kadam, R3, Sudeep Pasbola a/w Maharukh Adenwalla i/by Rahul Arote, R1 & R2 Sharif Shaikh, Advocates.

Judgment :-

P.D. KODE, J.

1. All the aforesaid proceedings arise out of either-

(a) Report/Direction dated 10th May 2005 given by Review Committee constituted under section 60 of Prevention of Terrorism Act, 2002 (hereinafter referred as "POTA") as amended by Prevention of Terrorism (Repeal) Act, 2004 (hereinafter referred as "Repeal Act") or;

(b) Order dated 17th November, 2008 passed on Exh D-116 in POTA Special Case No.1 of 2004 during the midst of trial after evidence of both the sides at trial was over or;

5(c) Final judgment and order delivered on 6th August, 2009 in POTA Special Case No.1 of 2004 of the Special Court under POTA Act for Greater Mumbai.

2. The said POTA Special Case No.1 of 2004 was registered on the basis of charge sheet filed on 5th February 2004, by Chief Investigating Officer (PW 103) ACP Suresh Walishetty at the conclusion of investigation of four crimes for commission of offences under section 120-B read with sections 302, 307, 326, 324 of IPC under sections 3,4,5 of Explosives Substances Act, 1908 and under sections 5 and 9 (b) of Indian Explosives Act, 1884 and under sections 3,4,5 and 20 of Prevention of Terrorist Act, 2002 against in all six named a


























































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































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