Law of Limitation Must Be Applied Strictly; Mere Negligence or Inaction Cannot Justify Delay: Punjab & Haryana High Court Discharge from Service for Non-Disclosure of Criminal Case Held Arbitrary, Reinstatement Ordered: Calcutta High Court Maintenance for Children Restored from Date of Petition, Residence Order Limited to Pre-Divorce Period: Kerala High Court Shared Resources Must Be Preserved: P&H HC Validates Co-Owner's Right to Irrigation Access Position of Authority Misused by Lecturer to Exploit Student: Orissa High Court Rejects Bail to Lecturer in Sexual Assault Case Temporary Disconnection Of Water Supply Without Unlawful Or Dishonest Intent Does Not Constitute ‘Mischief’: Kerala High Court Quashed Criminal Proceedings Adult Sons' Student Loans Not a Valid Ground to Avoid Alimony: Calcutta High Court Ancestral Property Requires Proof of Unbroken Succession: Punjab & Haryana HC Rejects Coparcenary Claim Grant of Land for Public Purpose Does Not Divest Ownership Rights: Bombay High Court on Shri Ganpati Panchayat Sansthan's Reversionary Rights Punjab and Haryana High Court Rules Against Government Directive on Proving Experience of Deputy District Attorneys Orissa High Court Reduces Compensation in Motor Accident Case: Insurer’s Appeal Partly Allowed Service Law – Promotion Criteria Cannot Be Imposed Beyond Recruitment Rules: Supreme Court Access To Clean And Hygienic Toilets Is Not Just A Matter Of Convenience But A Fundamental Right Under Article 21: Supreme Court Promotions Under Merit-Cum-Seniority Quota Cannot Be Based Solely on Comparative Merit: Supreme Court Reliefs Must Be Both Available and Enforceable at the Time of Filing to Attract Order II Rule 2 Bar: Supreme Court Punjab & Haryana High Court Upholds Collector’s Appointment of Ex-Serviceman as Lambardar: Preference for Service to the State Valid Tax to Be Computed at 100% Under DTVSV Act, Rejects Inclusion of Belated Grounds in Disputed Tax: Bombay High Court Petitioner’s Father Did Not Fall Within Definition of Enemy – Kerala High Court Quashes Land Classification Under Enemy Property Act Calcutta High Court Upholds Cancellation of LPG Distributor LOI for Violating Guidelines Recording 'Reasons to Believe' is a Mandatory Safeguard, Not a Mere Formality Under PMLA: P&H High Court Illegality Is Incurable, Unauthorized Constructions Cannot Be Regularized: Bombay High Court Kerala High Court Quashes Tribunal’s Order Granting Retrospective UGC Benefits to Librarians Without Required Qualifications

(1) J. SUNDRAMMA .....Appellant Vs. STATE OF KARNATAKA AND ANOTHER .....Respondents D.D 21/03/2013

Plot Allotment – Non-Payment of Consideration – Humanitarian Grounds: The Supreme Court considered the case of an illiterate widow whose plot allotment was cancelled due to non-payment of the full consideration amount. Despite the strict legal position against extending time for payment, the Court exercised its discretionary jurisdiction under Article 142 to grant relief on humanitarian ground...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2648 OF 2013 (Arising out of SLP (C) No. 18231 of 2011) Docid 2013 LEJ Civil SC 382166

(2) ESSA @ ANJUM ABDUL RAZAK MEMON (A-3) AND OTHERS .....Appellant Vs. THE STATE OF MAHARASHTRA THROUGH STF CBI MUMBAI AND OTHERS .....Respondent D.D 21/03/2013

Conspiracy – Bomb Blasts – Role of Accused: The Supreme Court examined the roles of the appellants in the 1993 Bombay Bomb Blasts, emphasizing their participation in a criminal conspiracy aimed at committing terrorist acts. The Court upheld the convictions, noting the appellants' involvement in meetings, transportation, and storage of explosives, and aiding the primary conspirators [Paras...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. 1127-1128, 1178, 1179, 1181, 1224, 1252-1253, 1365, 1440-1441 of 2007 Criminal Appeal Nos. 401, 616, 633, 651-652, 653, 656, 924, 933-936, 976-977, and 979-980 of 2008 Criminal Appeal Nos. 413 and 419 of 2011 Criminal Appeal Nos. 1023 and 1028 of 2012 Docid 2013 LEJ Crim SC 179399

(3) YAKUB ABDUL RAZAK MEMON .....Appellant Vs. STATE OF MAHARASHTRA .....Respondent APPELLANT: STATE OF MAHARASHTRA .....Appellant VERSUS YAKUB ABDUL RAZAK MEMON AND OTHERS .....Respondent D.D 21/03/2013

Confession and Recovery – Admissibility and Reliability: The Supreme Court upheld the admissibility and reliability of confessional statements and the recovery of contraband items. The Court emphasized the proper recording of confessions and corroborative evidence from recovery operations, dismissing the appellants' arguments challenging the legality of recoveries and the credibility of pan...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 1728 of 2007 and Death Ref. Case (Criminal) No. 1 of 2011 Docid 2013 LEJ Crim SC 136671

(4) IBRAHIM MUSA CHAUHAN @ BABA CHAUHAN ALTAF ALI SAYED .....Appellants Vs. STATE OF MAHARASHTRA .....Respondent D.D 21/03/2013

Criminal Law – Possession of Arms and Explosives – Appellant Ibrahim Musa Chauhan @ Baba Chauhan was convicted under TADA and related acts for possession and distribution of arms and ammunition, including AK-56 rifles and hand grenades – Confessions and witness testimonies corroborated involvement – Supreme Court upheld conviction [Paras 1-22].Confessions – Admissibility and Voluntarines...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 555 OF 2012 With CRIMINAL APPEAL NOS. 1129-1130 OF 2007 APPELLANT(S): IBRAHIM MUSA CHAUHAN @ BABA CHAUHAN ALTAF ALI SAYED .....Appellants VERSUS RESPONDENT(S): STATE OF MAHARASHTRA .....Respondent Legislation: Arms Act, 1959 - Sections 3, 7, 25(1A)(1B) Criminal Procedure Code, 1973 (CrPC) - Sections 161, 313 Evidence Act, 1872 - Sections 17-31 Explosive Substances Act, 1908 - Sections 3-6 Explosives Act, 1884 - Section 9B(1) Indian Penal Code, 1860 (IPC) - Sections 120B, 201, 212, 302, 307, 324, 326, 427, 435, 436 Prevention of Damage to Public Property Act, 1984 - Section 4 Terrorist Affected Areas (Special Courts) Act, 1984 - Sections 2(1), 3 Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) - Sections 2, 3, 5, 6, 12, 15, 21(2) Terrorist and Disruptive Activities (Prevention) Rules, 1987 - Rule 15 Subject: Appeals against convictions under various sections of the TADA Act and related laws, involving possession and distribution of arms and explosives in connection with the Bombay Blasts case. Headnotes: Criminal Law – Possession of Arms and Explosives – Appellant Ibrahim Musa Chauhan @ Baba Chauhan was convicted under TADA and related acts for possession and distribution of arms and ammunition, including AK-56 rifles and hand grenades – Confessions and witness testimonies corroborated involvement – Supreme Court upheld conviction [Paras 1-22]. Confessions – Admissibility and Voluntariness – Confessions recorded under TADA were challenged as being coerced – Court held confessions were recorded following statutory requirements and were voluntary – Confessions of co-accused supported prosecution's case [Paras 6-14, 30-35]. Recovery of Weapons – Legality – Weapons were recovered based on appellant’s disclosure – Recovery from public and concealed places deemed valid – Court reiterated principles of recovery under Section 27 of Evidence Act [Paras 11-13, 28-29]. Section 5 TADA – Conscious Possession – Court discussed 'conscious possession' under Section 5 TADA – Possession of arms in a notified area presumed to be for terrorist activity unless proven otherwise – Appellants failed to rebut presumption [Paras 19-20, 40-44]. Decision – Appeals dismissed – Convictions and sentences affirmed – Supreme Court found no merit in appeals, upheld lower court’s decision [Para 45]. Referred Cases: Kalpnath Rai v. State (through CBI), AIR 1998 SC 201 Sanjay Dutt v. State through CBI Bombay, 1994 5 SCC 410 State of Himachal Pradesh v. Jeet Singh, AIR 1999 SC 1293 State of Maharashtra v. Bharat Fakira Dhiwar, AIR 2002 SC 16 Paras Ram v. State of Haryana, AIR 1993 SC 1212 Durga Prasad Gupta v. State of Rajasthan, 2004 1 SCC 259 Representing Advocates: Shekher Kumar, Ajay Sharma, Farhana Shah, Sushil Balwada, Mushtaq Ahmad, V.R. Anomolu, Balraj Dewan, Himanshu Shekhar for the Appellants Mukul Gupta, Satyakam, Anubhav Kumar, Anando Mukherjee, Harsh N. Parekh, P. Parmeswaran for the Respondent JUDGMENT B.S. Chauhan, J.—This appeal has been preferred against the judgments and orders dated 29.11.2006 and 6.6.2007 passed by a Special Judge of the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the 'TADA') in the Bombay Blast Case No. 1/1993, by which the Appellant (A-41) has been convicted under Sections 3(3), 5 and 6 TADA, as well as Under Sections 3 and 7 read with Section 25(1-A)(1-B) (a) of the Arms Act, 1959 (hereinafter referred to as the 'Arms Act'), Section 4(b) of the Explosive Substances Act, 1908 (hereinafter referred to as the 'Act 1908), and Section 9-B(1) (b) of the Explosives Act, 1884 (hereinafter referred to as the 'Act 1884'). 2. Facts and circumstances giving rise to this appeal are that: A. As all the main factual and legal issues involved in this appeal have already been discussed by us and determined in the main connected appeal i.e. Yakub Abdul Razak Memon v. State of Maharashtra thr. CBI (Criminal Appeal No. 1728 of 2007), there is thus, no occasion for us to repeat the same. B. The Bombay Blasts occurred on 12.3.1993, in which 257 persons lost their lives and 713 were injured. In addition thereto, there was loss of property worth several crores. The Bombay police investigated the said matter at the initial stage, but subsequently the investigation of the same was entrusted to the Central Bureau of Investigation (hereinafter referred to as the 'CBI'), and then upon conclusion of the investigation, a chargesheet was filed against a large number of accused persons. Among the accused persons against whom a chargesheet was filed, 40 accused could not be put to trial as they were absconding. Thus, the Designated Court under TADA framed charges against 138 accused persons. During the trial, 11 accused died and 2 accused turned hostile. Furthermore, the Designated Court discharged 2 accused during trial, and the remaining persons, including the Appellant (A-41) stood convicted. C. A common charge of conspiracy was framed against all the coconspirators including the Appellant. The relevant portion of the said charge is reproduced hereunder: During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai (U.A.E.), Pakistan, entered into a criminal conspiracy and/or were members of the said criminal conspiracy whose object was to commit terrorist acts in India and that you all agreed to commit following illegal acts, namely, to commit terrorist acts with an intent to overawe the Government as by law established, to strike terror in the people, to alienate sections of the people and to adversely affect the harmony amongst different sections of the people, i.e. Hindus and Muslims by using bombs, dynamites, hand grenades and other explosive substances like RDX or inflammable substances or fire-arms like AK-56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries to any person or persons, loss of or damage to and disruption of supplies of services essential to the life of the community, and to achieve the objectives of the conspiracy, you all agreed to smuggle fire-arms, ammunition, detonators, hand grenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of confidence for the purpose of committing terrorist acts and for the said purpose to conceal and store all these arms, ammunition and explosives at such safe places and amongst yourselves and with your men of confidence till its use for committing terrorist acts and achieving the objects of criminal conspiracy and to dispose off the same as need arises. To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to commit terrorist acts. To harbour and conceal terrorists/coconspirators, and also to aid, abet and knowingly facilitate the terrorist acts and/or any act preparatory to the commission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the conspiracy to commit terrorist acts, to do and commit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal conspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santa Cruz, Zaveri Bazaar, Katha Bazaar, Century Bazaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing handgrenades at Macchimar Hindu Colony. Mahirn and at Bay-52, Sahar International Airport which left more than 257 persons dead, 713 injured and property worth about Rs. 27 crores destroyed, and attempted to cause bomb explosions at 'Naigaum Cross Road and Dhanji Street, all in the city of Bombay and its suburbs i.e. within Greater Bombay. and thereby committed offences punishable u/s 3(3) TADA and Section 120-B of Indian Penal Code, 1860 (hereinafter referred to as the Indian Penal Code) read with Sections 3(2)(i)(ii), 3(3), (4), 5 and 6 TADA and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 Indian Penal Code and offences Under Sections 3 and 7 read with Sections 25(1-A), (1-B)(a) of the Arms Act 1959, Sections 9B(1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my cognizance. D. Additionally, he has been charged for abetting and facilitating acts that were preparatory in nature, for the terrorist acts, by acquiring and distributing AK-56 rifles in the city of Bombay and its suburbs, their magazines, ammunition and also hand grenades to co-accused Sanjay Dutt (A-117) and Salim Kurla (Juvenile) at the instance of Anis Ibrahim Kaskar, an Absconding Accused (hereinafter referred to as 'AA'), brother of notorious smuggler Dawood Ibrahim, and Abu Salim for committing the terrorist acts punishable u/s 3(3) TADA. E. The Appellant (A-41) was also charged with, being in the unauthorised possession of one AK 56 rifle, 635 rounds of ammunition, 10 magazines of AK 56 rifle, and 25 hand grenades as the same were recovered in the notified area at his instance, and thus he has been charged u/s 5 TADA. F. The Appellant was further charged u/s 6 TADA, Sections 3 & 7 read with Section 25(1-A), (1-B)(a) of the Arms Act, Section 4(b) of the Act 1908 and Section 9B(1)(b) of the Act 1884, for unauthorisedly being in possession of the aforesaid arms with the intention to aid terrorist acts. G. The prosecution has examined a large number of witnesses and produced a large number of documents to prove its case, and upon conclusion of the trial, the Designated Court acquitted the Appellant of the umbrella charge of conspiracy i.e. charge No. 1. However, he was convicted for the second charge i.e. smaller conspiracy u/s 3(3) TADA and was awarded a sentence of 8 years RI alongwith a fine of Rs. 1,00,000/-, and in default of payment of fine, to suffer further RI for a period of three years; u/s 5 TADA, he was sentenced to suffer RI for 10 years alongwith a fine of Rs. 50,000/-, and in default of payment of fine, to suffer further RI for a period of one year; u/s 6 TADA, he was sentenced to suffer RI for 10 years and a fine of Rs. 1,00,000/-, and in default of payment of fine, to suffer further RI for a period of 3 years; u/s 4(b) of the Act 1908, he was sentenced to suffer RI for four years alongwith a fine of Rs. 25,000/- and in default of payment of fine, to suffer further RI for a period of 6 months, u/s 9-B (1)(b) of the Act 1884, he was sentenced to suffer RI for one year alongwith a fine of Rs. 2,000/- and in default of payment of fine, to suffer further RI for two months. All the sentences were directed to run concurrently. However, Under Sections 3 and 7 read with Section 25 (1-A)(1-B)(a) of the Arms Act, the Appellant was convicted, but no separate sentence was awarded. Hence, this appeal. 3. Shri Shree Prakash Sinha, learned Counsel for the Appellant has submitted that the confessional statement of the Appellant as well as those of the co-accused were recorded by the police forcibly, without meeting the requirements of Section 15 TADA and Rule 15 of the rules framed thereunder. Thus, the same cannot be relied upon. The recoveries purported to have been made were also planted by the investigating agency and cannot be relied upon. The Designated Court erred in convicting the Appellant. Thus, the appeal deserves to be allowed. 4. Shri Mukul Gupta, learned Senior Counsel appearing for the Respondent, has opposed the appeal contending that the confessional statement of the Appellant as well as those of the co-accused, were recorded in strict adherence to statutory requirements i.e. Section 15 TADA and Rule 15 of the rules framed thereunder. The Appellant and co-accused have made their confessional statements voluntarily and the conviction of the Appellant can be maintained on the sole basis of the confessional statement of the Appellant himself. Moreover, a large number of co-accused have named him and have assigned to him overt acts. The recoveries have also been made strictly in accordance with the requirements of Section 27 of the Indian Evidence Act, 1872 (hereinafter referred to as the 'Evidence Act') and there is no reason to disbelieve the same, as the same were made at the instance of the Appellant i.e. on the basis of his disclosure statement made voluntarily. Thus, the appeal lacks merit and is liable to be dismissed. 5. We have considered the rival submissions made by learned Counsel for the parties and perused the record. 6. Evidence against the Appellant (A-41): (a) Confessional statement of the Appellant himself. (b) Confessional statement of co-accused Samir Ahmed Hingora (A-53). (c) Confessional statement of co-accused Sanjay Dutt (A-117). (d) Confessional statement of Manzoor Ahmed Sayyed Ahmed (A-89). (e) Deposition of Pandharinath Hanumanth Shinde (PW. 218). (f) Deposition of Laxman Loku Karkare (PW. 45). (g) Deposition of Hari Pawar (PW. 596). (h) Deposition of Prem Kishan Jain (PW. 189). 7. Confessional Statement of Baba Musa Chauhan (A-41): His confessional statement shows that he was well acquainted with the co-accused Salim who used to extort money, and was working for Anis Ibrahim Kaskar (AA), brother of notorious smuggler and gangster Dawood Ibrahim. Salim told the Appellant (A-41) on 15.1.1993 to arrange a garage, with respect to which, the Appellant (A-41) initially expressed his inability, but after receiving a phone call from Anis Ibrahim Kaskar in the evening at about 7-7.30 P.M., wherein Salim was asked to go to the Magnum Video Office, and meet Samir Ahmed Hingora (A-53). The Appellant (A-41) went there alongwith Salim in a blue coloured Maruti 800 Car, and with the help of Samir Ahmed Hingora (A-53) and his partner Haneef, they searched for an appropriate garage. At this time, Salim told the Appellant (A-41) that he would keep 2-3 AK 56 rifles with him (A-41) for about 2-3 days, and asked him to stay at home, so that he could bring the arms. On the subsequent morning, Salim came to the house of the Appellant (A-41). Abu Salim asked the Appellant (A-41) to drive a white coloured Maruti Van which was parked near the Arsha Shopping Centre and to come near the Magnum office. Salim drove ahead of him in a blue coloured Maruti, after handing over the keys of the van to the Appellant (A-41). Appellant (A-41) reached close to the Magnum office in the van. Salim and Samir Ahmed Hingora (A-53) then sat in the van driven by the Appellant (A-41), and all those three persons reached the house of co-accused Sanjay Dutt (A-117). Sanjay Dutt (A-117) embraced Salim and Samir Ahmed Hingora (A-53). Salim introduced Sanjay Dutt (A-117) to the Appellant (A-41). Sanjay Dutt cleared the passage leading to the garage, shifting the vehicles parked therein to the other side. The van which the Appellant (A-41) had driven was taken to the garage in reverse gear. Salim opened the cavity of the car which was under its back seats with the aid of a 'panna', and from within, removed 9 AK 56 rifles one by one, and then opened the inside lining of the front door of the car and removed from there 80 hand grenades without pins, then he removed 1500/2000 bullets from the back door. These bullets were packed in brown coloured paper, in packets of 25-30 bullets, which were held together by rubber bands. The hand grenades were also packed in brown coloured paper. There were 56 magazines in the lining of the back door of the car. Sanjay Dutt (A-117) asked Salim why the hand grenades had been brought there, as it might create a problem in case the same blew up. Salim explained to Sanjay Dutt (A-117) that as the hand grenades did not have pins nothing would happen. Salim made a list of all the articles and asked the Appellant (A-41) to keep 3 rifles, 9 magazines, 450 bullets and 20 hand grenades in Sanjay Dutt's Fiat car (A-117). The Appellant (A-41) kept the said arms and ammunition as directed by Salim in the dickey of Sanjay Dutt's car (A-117), locked the dickey and put the key in his pocket. Samir Ahmed Hingora (A-53) kept 20 hand grenades in his car after packing the same into a bag and the Appellant (A-41) kept 3 rifles, 16 magazines, 25 hand grenades and 750 bullets and came out with Samir Ahmed Hingora (A-53). The Appellant (A-41) left with the remaining arms and ammunition kept in a bag, which he laid under his bed. Next day, the Appellant (A-41) loaded all the bullets in the magazines of the rifles. He could not contact Salim to take away the said arms as no one picked up Salim's telephone. Subsequently, the Appellant (A-41) was told by Salim's wife that Salim had gone out of India and that she would talk to him after 2-3 days. The Appellant (A-41) told her that Salim had kept some computer parts with him (A-41) and that the same were to be returned to him at the earliest. A-41 went to the house of Salim and told his wife that he wanted to return the said goods at the earliest. On the same night, A-41 received a telephone call from Dubai from Salim informing him that he was coming back to Bombay within 1-2 days, and that after coming back he would collect all the goods. However, Salim did not return from Dubai. So the Appellant (A-41) called up his brother-in-law in Dubai and asked him to talk to Salim, and request him to collect his goods, who subsequently informed the Appellant (A-41) that Salim was likely to come to Bombay within a day or two and that he would contact him. Immediately thereafter, riots took place in Bombay. On 16.1.1993 the Appellant (A-41) received a telephone call from Salim, who asked him to talk to Anis Ibrahim Kaskar (AA). A-41 contacted Anis Ibrahim, who told the Appellant (A-41) to give two guitars and six 'tars' (cord) to Salim Kurla and also, to give him some 'Kadis' and on being told that the 'Kadis' had already been attached to the broom (Jaadu), Anis Ibrahim asked the Appellant to give only 6 'tars'. The Appellant (A-41) told Anis Ibrahim Kaskar that he did not know Salim Kurla. Then Anis Ibrahim Kaskar told him that Salim Kurla knew the Appellant (A-41), and that he would come to the Andheri Post Office in the front of his house. Thus, on his instructions, the Appellant (A-41) handed over two rifles and 6 loaded magazines to Salim Kurla. Salim Kurla had told the Appellant that these arms were to be given to some one in Beharam Pada. After 2-3 days, Salim returned to Bombay and came to the Appellant (A-41) with his brother Kalam. The Appellant (A-41) told him that he had 1 rifle, 25 hand grenades, the remaining bullets and 10 magazines etc. The Appellant (A-41) asked Salim to take these remaining articles from him. However, he promised to take them back in the evening, but then did not come for two days. During this period, the Appellant (A-41) learnt from the newspapers that Salim had been arrested by the police while trying to extort money from a Gujarati person. Salim himself came to see the Appellant (A-41), and told him (A-41) that Salim Kurla could disclose the name of the Appellant (A-41) to the police, and hence, he advised the Appellant (A-41) not to disclose Salim's name. The Appellant (A-41) became frightened, as he was in the possession of arms. Thus, he immediately shifted the arms to Iqbal Tunda and informed Salim to keep the remaining goods with someone without disclosing his (A-41) name. Salim came to see the Appellant (A-41), and he had with him 30 loaded magazines which were wrapped in a plastic/polythene bag and then kept in a cloth bag. He left these magazines with the Appellant (A-41) and said that he would send Ayub to collect this ammunition from him. Accordingly, the next night at 9-9.30 p.m. Ayub came with arms including one AK 56 rifle. He kept the magazine and bag in one place. Though, he returned a part of the arms and ammunition, some material still remained with the Appellant (A-41), which was kept in another place. He returned 30 loaded magazines to Salim and Ayub which they kept inside the dickey of their scooter and left. Salim Kurla was arrested after the Bombay blast and upon his disclosure, the Appellant (A-41) was arrested on 28.3.1993. Later on, his father obtained the bag which he had kept with Iqbal Tunda through Hazi Ismail, and the same was produced before the police. He (A-41) further stated that he was not interested in using any arms or keeping the same with him, rather he had been forced to keep the same by the other co-accused, on the pretext that the weapons and ammunition would be collected from him within 2-3 days. The Appellant (A-41) made a retraction statement on 21.12.1993. 8. The Confessional Statement of Samir Ahmed Hingora (A-53): He made a confession that on 15.1.1993, Anis Ibrahim Kaskar had telephoned him stating that the Appellant (A-41) and Salim would bring one vehicle loaded with weapons, and that he was to make arrangements for the off-loading and handing over of some weapons to Sanjay Dutt (A-117), and that thereafter, some weapons would be taken back by them for distribution to other persons. Since his partner Haneef was not in office, he took them to his house. Haneef talked to Anis Ibrahim Kaskar (AA) in Dubai over the telephone, and expressed his unwillingness to carry out his instructions. However, upon the request of Salim, he (A-53) agreed to take him to Sanjay Dutt's house while he was talking to Anis Ibrahim Kaskar over the telephone about the said weapons. Sanjay Dutt hugged Salim and asked him to come the next day with the weapons. The next day, he (A-53) went to his office and met Salim and the Appellant (A-41) and then reached the house of Sanjay Dutt (A-117). Sanjay Dutt asked his driver Mohd. to remove all the vehicles from the garage, and the Appellant (A-41) then parked his Maruti van there and asked for a spanner and screw driver. Sanjay Dutt (A-117) asked Mohd. to bring the tool kit from his car and give it to the Appellant (A-41). Salim wrapped three AK 56 rifles and some magazines in a bed sheet as per the request of Sanjay Dutt (A-117), and Salim also gave Sanjay Dutt 20-25 hand grenades which were put in a black coloured bag along with other ammunition. 9. Confessional statement of Sanjay Dutt (A-117): He admitted that one day in the month of January around 9-9.30 p.m., Haneef and Samir Kurla had come to his house alongwith Salim. He had met Salim once or twice earlier also. They told him (A-117) that they would be coming the next day with the weapons that were to be delivered to him and then went away. The next morning, Samir, Haneef and Salim came to his house alongwith one other person, whom he did not know. They had come in a Maruti Van and parked the same in the tin shed which was used by him for parking his own vehicles. One person was sitting inside the Maruti Van. After about 15-20 minutes, he took out three rifles, and they told him that the same were AK-56 rifles. He then brought some cloth from his house and gave it to them. Salim and the person who had come with him, wrapped the rifles in the cloth, and thereafter, gave the same to him. He stated that he could identify, the person sitting in the car and also the hand grenades. He kept these rifles and the ammunition in the dickey of his Fiat Car No. MMU 4372. 10. Confessional statement of Manzoor Ahmed Sayyed Ahmed (A-89): He confessed that he had a blue coloured Maruti 800 bearing No. M.P. 23 B-9264. On 22nd/23rd January, 1993, in the evening, Salim contacted him over the telephone and called him to his office at Santacruz. After reaching there he took him (A-89), to the office of the Appellant (A-41) at Monaz Builders and Builders, S.V. Road, Andheri, Opposite the Post Office. He introduced (A-89) to the Appellant (A-41), and gave the key of his car to the Appellant (A-41) and after about half an hour the Appellant (A-41) came back and parked the said car outside the office, and gave the key to Salim and told him that he had kept the bag of weapons in the car. When Salim and (A-89) entered the car, he (A-41) saw that a black bag containing weapons, was kept on the rear seat of the car. 11. Deposition of Pandharinath Hanumanth Shinde (PW. 218): He was the constable posted at the house of Sanjay Dutt (A-117) for security. His statement was recorded in court on 6.11.1997, wherein he deposed about the visit of the Appellant (A-41) alongwith Salim and Ors. to the house of Sanjay Dutt (A-117). He identified the Appellant in a TI Parade held after 57 days, as well as in court. He also identified the two persons alongwith Sanjay Dutt. He supported the prosecution's case by saying that Sanjay Dutt had instructed the witness to go to Gate No. 1 for duty, which he had followed. The happenings at Gate No. 2 would not be visible to him, while he was standing near the main Gate No. 1. It was for this reason that he had been shifted to a place from where he could not possibly see what was happening. 12. Deposition of Laxman Loku Karkare (PW. 45) - He was a panch witness in the recovery made on 1.4.1993. When he reached the police station and had agreed to become a panch witness, there were some constables and one more person, who had disclosed that his name was Ibrahim Musa Chauhan @ Baba Chauhan (A-41). He had given the address of his residence. The Appellant (A-41) had disclosed to the police in his presence, that he had AK 56 rifles, magazines, grenades and cartridges which he had been concealed, and that he would show them the place of concealment and also produce the weapons. The panchanama was signed by this witness. They reached the place as was explained to them by the Appellant (A-41) by police jeep, which was near Andheri Bus Terminus. Subsequently, they found themselves in front of a chawl owned by the Appellant (A-41). Then the Appellant took them to a lane which was being used as a dumping ground for waste material, and removed a bag from underneath a heap of waste. He removed an AK 56 rifle, 635 cartridges and 25 hand grenades, and handed over the same to P.I. Pawar who examined all the articles. The seizure panchanama was prepared by P.I. Pawar. In his cross-examination he deposed that he did not remember that there was a street light at a distance of 20 feet on the northern side of the open space used as a dustbin. The space was full of waste material when he had gone alongwith the police party and the accused. There were no left over eatables dumped at the place and it was thus, not smelling. P.I. Pawar alongwith the accused had entered the open space. The open space being used as a dustbin was 4 ft. x 4 ft. The accused brought a bag out to the lane from the dustbin. The bag was not in the hands of P.I. Pawar. The accused (A-41) had removed the bag from the dustbin in their presence. He was standing in the lane watching the accused removing the bag from the dustbin. 13. Deposition of Hari Pawar (PW. 596) - He is the Police officer who made the recovery at the instance of the Appellant (A-41), in the presence of Panch witnesses. He has corroborated the version of recovery as stated by PW. 45. 14. Deposition of Prem Kishan Jain (PW. 189) - He had recorded the confessional statement of the Appellant. He deposed that the Appellant (A-41) had been brought from police custody and sent back to police custody. The witness explained that he was fully aware of the requirement of recording a confession and that he had complied with all the said requirements while recording the confession of the Appellant. 15. In State of Himachal Pradesh Vs. Jeet Singh, this Court dealt with the issue of recovery from the public place and held: 21. The conduct of the accused has some relevance in the analysis of the whole circumstances against him. PW 3 Santosh Singh, a member of the Panchayat hailing from the same ward, said in his evidence that he reached Jeet Singh's house at 6.15 a.m. on hearing the news of that tragedy and then accused Jeet Singh told him that Sudarshana complained of pain in the liver during the early morning hours. But when the accused was questioned by the trial court u/s 313 of the Code of Criminal Procedure, he denied having said so to PW 3 and further said, for the first time, that he and Sudarshana did not sleep in the same room but they slept in two different rooms. Such a conduct on the part of the accused was taken into account by the Sessions Court in evaluating the incriminating circumstance spoken to by PW 10 that they were in the same room on the fateful night. We too give accord to the aforesaid approach made by the trial court. 16. Similarly, in State of Maharashtra Vs. Bharat Fakira Dhiwar, this Court held: 22. In the present case the grinding stone was found in tall grass. The pants and underwear were buried. They were out of visibility of others in normal circumstances. Until they were disinterred, at the instance of the Respondent, their hidden state had remained unhampered. The Respondent alone knew where they were until he disclosed it. Thus we see no substance in this submission also. 17. In view of the above, it cannot be accepted that a recovery made from an open space or a public place which was accessible to everyone, should not be taken into consideration for any reason. The reasoning behind it, is that, it will be the accused alone who will be having knowledge of the place, where a thing is hidden. The other persons who had access to the place would not be aware of the fact that an accused, after the commission of an offence, had concealed contraband material beneath the earth, or in the garbage. 18. In Durga Prasad Gupta Vs. The State of Rajasthan through C.B.I., , this Court explained the meaning of possession as: The word "possession" means the legal right to possession (See Heath v. Drown). In an interesting case it was observed that where a person keeps his firearm in his mother's flat which is safer than his own home, he must be considered to be in possession of the same. (See Sullivan v. Earl of Caithness (1976) 1 All ER 844.) Once possession is established, the person who claims that it was not a conscious possession has to establish it, because how he came to be in possession is within his special knowledge. 19. In Sanjay Dutt Vs. State through C.B.I., Bombay, this Court considered the statutory provisions of Section 5 TADA and in this regard held: 19. The meaning of the first ingredient of 'possession' of any such arms etc. is not disputed. Even though the word 'possession' is not preceded by any adjective like 'knowingly', yet it is common ground that in the context the word 'possession' must mean possession with the requisite mental element, that is, conscious possession and not mere custody without the awareness of the nature of such possession. There is a mental element in the concept of possession. Accordingly, the ingredient of 'possession' in Section 5 of the TADA Act means conscious possession. This is how the ingredient of possession in similar context of a statutory offence importing s Docid 2013 LEJ Crim SC 210731

(5) SECRETARY TO GOVERNMENT OF INDIA .....Appellant Vs. SAWINDER KAUR ANOTHER .....Respondents D.D 21/03/2013

Freedom Fighters' Pension – Entitlement Date – Respondent’s husband, an ex-INA member, claimed pension under the 1980 Scheme based on secondary evidence after initial rejection – High Court directed pension from application date (1973), which was challenged – Supreme Court held the entitlement should begin from the date of the order granting pension, not the application date, as the...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2649 OF 2013 (Arising out of S.L.P. (C) No. 30685 of 2012) Docid 2013 LEJ Civil SC 447631

(6) SHIVDEV KAUR (D) BY L.RS. AND OTHERS .....Appellants Vs. R.S. GREWAL .....Respondent D.D 20/03/2013

Hindu Succession – Life Interest and Absolute Ownership – Appellant claimed absolute ownership of property based on Section 14(1) of the Hindu Succession Act, 1956, arguing that life interest granted by will converted into absolute title – Court held that Section 14(2) carves out an exception to Section 14(1) for properties acquired by will, gift, or other instruments specifying a restricted...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 5063-5065 OF 2005 Docid 2013 LEJ Civil SC 986692

(7) SUSHIL K. CHAKRAVARTY (D) THR. L.RS. .....Appellant Vs. TEJ PROPERTIES PVT. LTD. .....Respondent D.D 19/03/2013

Civil Procedure – Substitution of Legal Representatives – Appellant's legal heirs filed applications under Order IX Rule 13 and Order IX Rule 9 CPC for condoning delay and setting aside ex-parte decree – High Court dismissed applications citing lack of satisfactory reasons for delay and prior knowledge of litigation – Supreme Court upheld High Court's decision [Paras 1-22].Order ...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2600-2601 OF 2013 (Arising out of SLP (C) Nos. 3307-3308 of 2012) Docid 2013 LEJ Civil SC 674512

(8) BABU ANOTHER .....Appellants Vs. STATE REP. BY INSPECTOR OF POLICE CHENNAI .....Respondent D.D 19/03/2013

Criminal Law – Conviction under Section 302 IPC – Appellants challenged conviction under Section 302 IPC with the aid of Section 149 IPC, arguing acquittal of co-accused reduces the number below the statutory requirement for an "unlawful assembly" – Supreme Court upheld conviction under Section 302 IPC using Section 34 IPC, emphasizing the common intention of the accused to commit ...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 353 OF 2008 Docid 2013 LEJ Crim SC 987952

(9) SUBODH NATH ANOTHER .....Appellants Vs. STATE OF TRIPURA .....Respondent D.D 19/03/2013

Juvenile Justice – Application of the 2000 Act – Second appellant claimed juvenility based on birth certificate showing age below 18 at the time of the offence – Supreme Court referred to Sections 7A and 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000, as amended, and the ruling in Hari Ram v. State of Rajasthan – Court set aside conviction of second appellant and re...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1551 OF 2007 Docid 2013 LEJ Crim SC 784474