Possession of explosive substances, objectionable literature, and fake documents, coupled with entry into India without valid travel documents and suspicious travel plans, can support the inference of an attempt to wage war against the Government of India.

JUDGMENT

Md. Shabbar Rashidi, J.

1. The appeal is directed against the judgment of conviction and order of sentence dated March 15, 2021 passed by learned Additional Sessions Judge, 1st Fast Track Court, Calcutta in Sessions Trial No. 02 (June) of 2010 arising out of Sessions Case No. 84 of 2009.

2. By the impugned judgment and order, the appellant were convicted and sentenced under Sections 120B/121/121A/ 122/123/419/467/468 of the Indian Penal Code, 1860, Section 14 A(b) of the Foreigners Act and Sections 4 & 5 of Explosive Substance Act.

3. The facts giving rise to the instant case, in a nutshell, are that the de-facto complainant, an Assistant Commissioner of Police, Special Task Force (STF), Kolkata, received a source information that one Pakistani national Shahbaz Ismail @ Shahbaz, a trained militant of terrorist outfit had entered Indian territory illegally through Bangladesh and was proceeding to Srinagar, Jammu & Kashmir for the purpose of terrorist activities. The de-facto complainant had an input that the said person was likely to come to the railway reservation counter at Fairlie Place between 12.00 hrs. and 15.00 hrs. on 19.03.2009. The defacto complainant conveyed the source information to the superiors, a team was formed and proceeded to Fairlie Place. They along with the source started maintaining watch. At about 14.00 hrs. the source pointed out and identified the suspected person. He was intercepted near the reservation queue in presence of witnesses. On query, the said person disclosed his identity as Md. Jamal R/o Jalangi, District-Murshidabad.

4. The de-facto complainant offered the suspect to search his person and after observing all legal formalities, in presence of two witnesses, a search was conducted on the person of suspect. On search, filled up reservation slip in the name of Md. Jamal for journey from Howrah to Jammu, computerized railway ticket dated 19.03.2009 from Berhampore Ct to Sealdah, Driving Licence and Voter’s Identity Card in the name of Md. Jamal, one pocket diary containing names and addresses of different persons in Pakistan, Bangladesh and India and writing in English appearing to be about the ingredients required to manufacture explosive devices and One black leather purse containing Rs. 3400/-were also recovered from the said person. The said person was not able to speak Bengali and was talking in Urdu. He also failed to give any answers to the queries regarding his residence. It was also suspected that the recovered Driving Licence and the EPIC Card were fake. Upon searching his bag, one LG Mobile phone with charger and one rectangular shaped container containing some semi solid yellowish white unknown material appearing to be explosive substance along with the personal belongings and wearing apparel were recovered. The said person failed to give any satisfactory answer for the possession of the substance appearing to be explosive. Upon further interrogation, the suspect disclosed his identity as Shahbaz Ismail S/o Golam Farooq R/o vill. Bumali Mahalla, P.O. & P.S. Tousa, District. Dera Gazi Khan, Pakistan. He further disclosed that he was proceeding to Jammu Kashmir as a member of terrorist organisation Al-Badar for the purpose of waging war against India and for terrorist activities under instructions of Lukman C/o Pakistan, in-charge of Al-Badr, J&K operations. Accordingly, the de-facto complainant seized the aforesaid articles recovered from the possession of the suspect under a seizure list after observing all legal formalities. The suspect was arrested and brought to and handed over to the Police Station with a complaint by the de-facto complainant.

5. On the basis of such written complaint, Hare Street Police Station Case No. 206 dated 19.03.2009 under sections 120B/ 121/121A/122/123/467/468/471/419 of the Indian Penal Code and Section 14A of the Foreigners Act was started against the appellant.

6. The police took up investigation and on completion thereof submitted charge sheet a