JUDGMENT

Joymalya Bagchi, J. - Prosecution case:-

1. On 3rd April, 2007 at 13:05 hours on the basis of specific intelligence that a group of Pakistan trained Laskar-e-Toiba militants are likely to enter into India via Benapole-Petrapole Checkpost area, a party under the leadership of Company Commander Amit Yadav (P.W. 31) along with BSF officials laid ambush around Petrapole area. They observed four persons were moving suspiciously and confronted them. The said persons tried to escape and upon hot pursuit were captured. On being interrogated they revealed their names and identities.

2. On physical search the following articles were recovered.

i) Md Younus -

a) Photo copy of identity card of Election commission of India containing picture of Md. Younus but prepared in the name of Md. Kadir R/0 Begusaria (Bihar)

b) A purse containing 100 US Dollar bearing No.-C L 15057578 B

ii) Md. Abdullah -

a) Fake I card of Chandra Sekhar Azad University of Agriculture and Technology, Kanpur having his photograph affixed by the name Ahmed Ali bearing No. 06 AGA 382

b) A code containing name of some per