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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -98-approval of the Home Minister of the State of Gujaratto prosecute the accused, that sanction as requiredunder Section 50 of POTA was granted in this case.PW-88 Kuldeep Chand Kapoor IAS, Principal Secretary,Home Department, had stated in his statement (Ex.497)recorded before the Special Court (POTA) as under:“I agree that the last paragraph of theletter of ACP (Ex. 502) contains the detailsof papers submitted to the Home Departmentand these are the only papers that had beenreceived by me.I am producing Patrak- A and B details ofarrests of all the six accused. Patrak- A,Patrak – B and details of the accusedarrested are being given respectively Ex.503, Ex. 505 and Ex. 506.It is true that while granting the sanctionsagainst all the six accused to be prosecuted,I had perused Patrak- A and B other twoPatraks.(q). Did you notice while granting sanctionagainst the accused that no explosivessubstance has been seized from any of theaccused?(a). Explosive substances and firearms werefound at the site.

Crl.A.Nos.2295-2296 of 2010 -99-I agree that from these six accused, noexplosive substance had been recovered.I do not know that A- summary had been filedearlier.(q). Whether there were any papers ofinvestigation by Crime Branch, Ahmedabadconducted at Jammu and Kashmir?(a). As far as I know, there was noinvestigation by Crime Branch, Ahmedabad atJammu and Kashmir Police. Therefore, I cannotsay whether there were no papers to myknowledge to that effect and it was thepolice of Jammu and Kashmir who had intimatedthe Gujarat Police about the whereabouts ofChand Khan from Jammu and Kashmir Police byfollowing due process of law.I was not supplied the papers ofinvestigation carried out by Jammu andKashmir police. Therefore, I cannot saywhether there were any such papers or not.Witness volunteers that in my opinion thosepapers were not relevant for me to come tothe conclusion for permitting the prosecutionto prosecute against the accused.I have no idea whether the accused AdamAjmeri and Adbul Qayum a Mufti had been takento Jammu and Kashmir for investigation byCrime Branch, Ahmedabad. Witness volunteersthat as Crime Branch would not need to takemy permission for taking accused forInvestigation of State of Jammu and Kashmir,I am not aware.

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