O R D E R

1. These appeals are statutory appeals filed by the appellant under Section 19 of The Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred as the “TADA Act”) against the judgment dated 05.06.2007 of the designated TADA Court at Jamnagar, Gujarat, which has acquitted the respondents of all the charges framed under the provisions of TADA Act as well as under the Arms Act, 1959 (hereinafter referred as the “Arms Act”).

2. The brief facts of the case are that on 08.04.1993 a vessel Sahe-Al-Alam BDI No.813 was intercepted by the Custom Authorities. Fifteen accused persons were arrested and illegal arms and ammunition which were allegedly being carried by them seized. CR No. II 60/93 under Sections 25(1)B, 25(1A), 25(1AA) of the Arms Act was registered against them at P.S. Jamnagar City B Div.

Signa3ture. Not VerifiedSubsequently, the Investigating Officer moved an application Digitally signed by Jagdish Kumar Date: 2024.08.12

16:52:b45 eISTfore the Chief Judicial Magistrate, Jamnagar for adding Sections Reason:

3, 4 and 5 of TADA Act in the aforesaid FIR. This application dated

17.07.1993, inter alia, reads as under:-

“Respectfully submitted by I/c. Police Inspector of Jamnagar City B Div. Police station with reference to the subject noted above that-

Shri Navinchandra Chhaganlal Mehta of Jamnagar of Jamnagar Custom Division. Custom Inspector has filed complaint and offence was registered vide Jam. City Div, B Div. Police Stn. IInd CR No. 60/93 u/s. 25(1), B,D,F, G of Arms act on 12-1-93 at about 22-10 hrs.

The brief facts of this case is such that complainant of this case and other witnesses has searched the vessel Sahe al Alam BDI 813 on 8-4-93 in presence of panch at Jamnagar Nava Bunder and from there including Rajak Ishak Sanghar Tandel of Salaya, 15 persons were there and in presence of panch that vessal was searched and one plastic Theli was foundout and on checking the said theli one carbine automatic foreign made gun valued Rs. 100000/- and 15 + 2 in all 17 live cartridges with magzine valued of Rs. 375/- were foundout and they were attached in the presence of panch by the complainant and during that Khalasi Ikbal Junus Sanghar of Salaya ran away and/against remaining including of Rajak Ishak Sanghar of Salaya in all

14 accused, complaint was filed.

It has come to know that accused has brought the weapon from the foreign with and for what reason and looking to the weapon this weapon was brought for the purpose of commission of offence and at present in the country there is Terror is spread and accused wereinvolved in the terrorist activities and looking to all issues it is requested to add sec. 3,4,5 of the TADA Act in the FIR of this offence which may please be noted.”

4. Subsequently, the Investigating Officer filed another application before the District Superintendent of Police on

05.08.1993, wherein he stated as under:-

“Respectfully submitted by Incharge Police inspector city B Div. Police stn. Jamnagar that-

Offence was registered on 12-4-93 vide Jamnagar city B Div. II CR No.60/93 u/s. 25(1), B,D,F,G, of Arms Act.

In this case complainant shri Navinchandra Chhaganlal Mehta Custom inspector and his staff members has on 8-4-93 checked vessal Sahe Al Alam BDI No. 813 and from that vessal one foreign made carbine automatic gun without licence valued of Rs. 100000/- and 17 cartridges were found out and including of tandel of vessal Rajak Ishak Sanghar in all 14 persons were arrest and one Khalasi of Salaya Ikbal Junus Sanghar during the inquiry found ran away and against above all persons offence vide above number was registered. In this case including of accused Rajak Ishak all 14 accused were arrested on 16-4-93 at about 17-0 hrs. after getting transfer warrant and during the time limit were forwarded and committed to the court custody and remand was sought for and the said application for remand was posted for hearing on 22-4-93 and on 22- 4-93 from 12-0 hrs. to 24-4-93 upto 12-0 hrs. remand was