The prosecution proved beyond reasonable doubt the appellant's conspiracy to revive a banned organization, supported by credible witness testimonies and recovered incriminating materials.

JUDGMENT :

(K.K. RAMAKRISHNAN, J.)

Absconding Accused No. 5 in Cr.No.1 of 2015 on the file of the Respondent Police has filed this Appeal challenging the following conviction and sentence of imprisonment imposed against him in the split up case in S.C.No.2 of 2018 on the file of the Learned Principal District and Sessions Judge, Ramanathapuram.

2.Respondent Q Branch Police has received the secret information in month of May 2015 about the conspiracy made between appellant and other 5 accused in the above crime No.1 of 2015 to Rejuvenate the banned LTTE organization and in pursuance of the conspiracy, appellant's said to have handed over 75 Cyanide Capsules, 60 grams of Chemical which is being used for making cyanide, GPS-4 to A1 Krishnakumar and directed him to go to Srilanka in a ferry and hand over the same to one “Kavi” of Srilankan Tamilan to reorganize the LTTE cadres and to eliminate rival Tamil leaders. Therefore they made the vehicle search on 20.07.2015 at 20.30 hours in the Utchipuli Bus Stand in the Ramanathapuram-Rameshwaram Main road and searched the TATA Indica Car bearing Reg.No.TN 07 BK 3574 and found A1 to A3 in the said car and seized the alleged 75 Cyanide Capsules, 60 grams of Chemical which is being used for making cyanide, GPS-4, Cell Phone – 6, Indian Currency Rs.46,200/-, Sri Lankan Currency Rs.19,300/- from A1, vehicle documents, mobile phone-2, State Bank Passbook and other documents from A2, a mobile phone recovered from A3. On further interrogation, it was found that the said recovered Items were intended to be illegally smuggled out to Sri Lanka to renew the banned Terrorist organization LTTE. On basis of the confession the A1, A4, A5, A6's involvement was found out and A4 was arrested on 25.07.2015 and from him a route map, the list containing names of some leaders of Sri lanka, one sim card, one Pendrive, one Cell Phone, a bag etc. were seized and further search was made in his house at Chennai on 26.07.2015 and a hard disk, simcard and other documents were seized. Thereafter Q Branch completed the investigation by collecting the incriminating materials, chemical reports, sanction and examining number of witnesses and filed the final report before the learned Principal Sessions Judge, Ramanathapuram by showing the appellant as A5 and the other accused No.6 as absconding. The learned Trial Judge had taken on file the final report in S.C.No. 7 of 2016 and on application in Cr.M.P.No. 467 of 2016 and the case was split up by order dated 15.02.2016 against the absconding accused No.5 and 6 in S.C.No.15 of 2016. Thereafter trial was conducted in the mother S.C.No.7 of 2016 against A1, A2, A3, A4 and after the trial they were convicted for the charged offence by the judgment dated 28.04.2018. In mean time A6 was arrested on 25.10.2016 and separate trial was conducted against him in S.C.No.15 of 2016 by splitting the S.C.No. 15 of 2016 against the present appellant in S.C.No. 2 of 2018 by order dated 18.01.2018. In the said S.C.No.15 of 2016 the learned Trial Judge acquitted said A5 under section 120(B), r/w 10 (1) (iv), 38(1) of the UAPA Act and convicted him under section 10(a)(iv) of the