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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -56-the accused persons had a different andcompartmentalized role from the procurement of armsand ammunitions to providing the logistics to thefidayeens for carrying out the operation and themotivation provided for the attack.The role of A-6 has also been proved.40. The learned senior counsel submitted that A-6played a crucial role in bringing the weapons fromKashmir to Bareilly- in his ambassador car bearingregistration no. KMT 413, in a secret cavity madeunderneath the back seat, and thereafter he carriedthe weapons, concealed in the bedding in the train andaccompanied the fidayeens to Ahmedabad.The Navgam Police Station at Jammu & Kashmir hadarrested A-6 in offence registered in FIR: CR no. 130of 2003, and it was during the interrogation in theabove said offence that he had disclosed hisinvolvement in the Akshardham attack. A fax message

Crl.A.Nos.2295-2296 of 2010 -57-was received by the Gujarat ATS from the IGP Kashmirregarding the same on 31.08.2003. The investigationwas conducted by PW-126 who was the then ACP and wasauthorized to do so as per section 51 of POTA. A teamwas formed under the proper authorization forcollecting materials from different places duringinvestigation. I.K Chauhan (PW- 125) was asked to gofor inquiry to Jammu & Kashmir.It was submitted that there were many other evidences,other than his confessional statement, including thetestimony of Yusuf Gandhi, owner of Gulshan GuestHouse, (PW-57) who had stated before the Special Court(POTA) that A-6 stayed there, and also the panchnamaof the ambassador car KMT 413 (Ex.671).Delay in cracking the case.41. The learned senior counsel submitted thatinitially the investigation was conducted by V.R Tolia(PW-113) of the Local Crime Branch, Gandhinagar, and

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