1. By this appeal, appellants/accused Abdul Latif Abdul Rashid Shaikh @ Guddu and Riaz Ali Abubakar Shaikh @ Riyan are challenging the judgment and order dated 29th January 2016 passed by the learned Additional Sessions Judge, Mumbai, in Sessions Case No.414 of 2010, thereby convicting both of them of the offence punishable under Section 18 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as U.A.P. Act for the sake of brevity). Appellant/accused no.1 Abdul Latif @ Guddu was sentenced to suffer rigorous imprisonment for 12 years apart from directing him to pay fine of Rs.10,000/- and in default, to undergo rigorous imprisonment for 6 months. Appellant/accused no.2 Riaz Ali @ Riyan was sentenced to suffer rigorous imprisonment for a period of 10 years apart from direction to pay fine of Rs.5,000/- and in default to undergo further rigorous imprisonment for a period of 3 months. They both were acquitted of the offence punishable under Sections 120B, 120B read with 511 and under Section 436 read with 34 of the Indian Penal Code as well as under Section 18B of the U.A.P.Act.

2. Facts in brief, leading to the prosecution of the appellants/accused persons are thus :

(a) On 2nd March 2010, Assistant Commissioner of Police, Anti-Terrorist Squad, Mumbai, received information that a person based in Pakistan is conspiring with his associates in Mumbai for committing terrorists activities at several places in Mumbai such as ONGC building, Mangaldas Market and Gujarati Chawl near Thakur Mall. A person based in Pakistan was called as “Uncle” and he was communicating with appellant/accused no.1 Abdul Latif @ Guddu on mobile phone number 9323947342 of appellant/accused no.1 Abdul Latif @ Guddu. The information was disclosed to the superiors and a team headed by PW9 Vijay Kadam, Police Inspector, Anti-Terrorist Squad, was formed to monitor movements and to gather further information.

(b) Thereafter a proposal as per provisions of Section 5(2) of the Indian Telegraph Act, 1885, came to be moved to the Government of Maharashtra for intercepting the telephonic conversation for collecting evidence in respect of intended terrorist activities. In pursuant to that proposal moved by the Police Department, the Additional Chief Secretary of the Home Department of the State Government gave orders in writing directing and authorizing interception of all telephonic communications, SMS messages to and from the mobile numbers 9321485576 and 9323947342 to the Additional Director General of Police, Anti-Terrorist Squad, Mumbai, as well as Police Officers deputed by him. Authorized by this order Exhibit 137 dated 6th March 2010 issued by the Additional Chief Secretary of the Home Department of the State of Maharashtra under directions of their superiors PW7 Rajesh Kasare, Assistant Police Inspector and PW8 Datta Gawade, Assistant Police Inspector of the Anti-Terrorist Squad intercepted telephonic conversation in respect of the targeted number 9323947342 from 6th March 2010 to 12th March 2010. Compact Disk of recorded conversation Articles G, H, I, J, K and L were prepared and the transcripts of recorded conversation (Exhibits 47 to 51(c)) also came to be prepared. Considering the material available against the appellants/accused persons PW9 Vijay Kadam, Police Inspector, Anti-Terrorist Squad, lodged the First Information Report (FIR) Exhibit 73 on 13th March 2010 against the appellants/accused persons with the Anti-Terrorist Squad, Mumbai, which resulted in registration of Crime No.8 of 2010 for offences punishable under Sections 18 and 18B of the U.A.P.Act.

(c) During the course of investigation of the subject crime, the appellants/accused persons came to be arrested on 13th March 2010 by Assistant Police Inspector Wakurdekar. Their personal search came to be conducted by PW20 Sanjay Patil, Police Sub-Inspector, in presence of panch witness PW1 Jagannath Jadhav. The mobile handset of Reliance Company having Sim card of Airtel Com