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G.T.NANAVATI, G.N.RAY
State of Tamil Nadu – Appellant
Versus
Sivarasan @ Raghu @ Sivarasa – Respondent


Counsel for the Parties:
For the Appellant:V.R Reddy, Additional Solicitor General, K.V. Venkataraman, K.V. Viswanathan and V.G. Pragasan, Advocates.
For the Respondents:U.R Lalit, Sr. Adv., M.T. George, (P.D. Sharma) Adv. (NP), Ashok Aggarwal, R.G. James and C.S. Ashri, Advocates.

JUDGMENT

Nanavati, J. - This appeal arises out of the judgment and order of the Principal Sessions Judge and Designated Court, Coimbatore, in C.C. No. 61 of 1992. As the learned Judge acquitted the accused, the State has filed this appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the TADA Act).

2. The prosecution case is that Shivarajan alias Raghu (Respondent/Accused No.1) and Vigneswaran alias Vicky (Respondent/ Accused No.2) who were Sri Lankan nationals and members of L TIE came to India sometime in 1989 without any travelling documents. So also, Guna and Dixon who were Sri Lankan nationals and members of LTIE had come to India in the like manner. Since then they were engaged in obtaining explosive substances, manufacturing bombs and sending them to LTIE in Sri Lanka. In the said clandestine activity they were helped and assisted by Respondent Nos. 3 to 9 (Accused Nos. 3 to 9) who were Indian nationals. Till the assassination of Rajiv Gandhi on 21.5.91, they could carry on the said activity without any hindrance'. Thereafter it became difficult for them to do so as the whole of Tamil Nadu was declared as a Not

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