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2017 Supreme(SC) 101

S.A.BOBDE, L.NAGESWARA RAO
UMARMIA ALIAS MAMUMIA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant :Aditya Kumar, Sanjay Jain, Sudarshan Singh Rawat, Advocates.
For the Respondent:Ms. Hemantika Wahi, Ms. Puja Singh, Ms. Jesal Wahi, Advocates.

JUDGMENT

L. NAGESWARA RAO, J.

This Appeal is filed against the Judgment dated 16.06.2010 in Criminal Misc Sr. No.44 of 2010 by which the Court of Designated Judge (TADA) at Porbandar (hereinafter referred to as the `Designated Court') rejected the bail application filed by the Appellant under Section 439 Cr.P.C. and Section 20 (8) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the ‘Act').

2. Crime No. I-43 of 1994 was registered under Section 154 Cr.P.C. for offences committed under Section 121, 121A, 122, 123, 124B r/w 34 of the Indian Penal Code, Section 25 (1A), (1B) and 25(1AA) of the Arms Act, Sections 9-B of the Explosives Act, Sections 3, 4, 5 and 6 of the Explosive Substances Act and Sections 3, 4 and 5 of the Act. The statement of one Suresh recorded under Section 108 of the Customs Act revealed that explosive substances, powder RDX boxes, bags containing fire arms, 45 bags of weapons, 15 boxes of RDX and 225 pieces of silver ingots were smuggled into the country and taken to Zaroli and Dhanoli villages of Valsad District. The first charge-sheet was filed on 12.01.1995 in which the name of the Appellant is found at serial No.1
























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