Vijay Krishnaji Patil (A-116) Vs. The State of Maharashtra, through Superintendent of Police, CBI (STF),
EmailAppeal: Criminal Appeal No. 1441 of 2007
Petitioner: Vijay Krishnaji Patil (A-116)
Respondent: The State of Maharashtra, through Superintendent of Police, CBI (STF), Mumbai
Apeal: Criminal Appeal No. 1441 of 2007
Judges: P. Sathasivam & Dr. B.S. Chauhan, JJ.
Date of Judgment: Mar 21, 2013
Head Note:
Terrorist and Disruptive Activities (Prevention) Act, 1987
Sections 3(3), 5, 6, 15 Penal Code 1860, Sections 120B, 302, 307, 326, 324, 427, 435, 436, 201, 212 Arms Act 1959, Sections 3, 7, 25 Explosives Act, 1884, Section 9B(1) Explosive Substances Act, 1908, Sections 3, 4, 5, 6 – Evidence Act, 1872, Sections 3, 27 Conviction Bombay blast case Involvement of accused Vijay Krishnaji (A 116) Conspiracy, murder etc. – Evidence Appreciation – Accused, a police sub-Inspector Involvement disclosed by confession of co-accused, namely, Md. Kasam (A136) Md. Salim (A134), Uttam Shantaram (A36) Jaywant Keshav (A82), Sharif Abdul Gafoor (A17) All Statement corroborating each other on material particulars Further corroboration by PWs Knowingly let off truck and tempo carrying smuggled goods for illegal gratification Since each was not ready, some silver bars given Plea that there is no material to show nor confessions show that accused was aware of landing and transportation of arms and ammunition Confessional statements corroborating each other and further corroborated by PWs. Held that charge of conspiracy proved. Conviction and sentence for charges framed are approved.
Sections 3(3), 5, 6, 15 Penal Code 1860, Sections 120B, 302, 307, 326, 324, 427, 435, 436, 201, 212 Arms Act 1959, Sections 3, 7, 25 Explosives Act, 1884, Section 9B(1) Explosive Substances Act, 1908, Sections 3, 4, 5, 6 – Evidence Act, 1872, Sections 3, 27 Conviction Bombay blast case Involvement of accused Vijay Krishnaji (A 116) Conspiracy, murder etc. – Evidence Appreciation – Accused, a police sub-Inspector Involvement disclosed by confession of co-accused, namely, Md. Kasam (A136) Md. Salim (A134), Uttam Shantaram (A36) Jaywant Keshav (A82), Sharif Abdul Gafoor (A17) All Statement corroborating each other on material particulars Further corroboration by PWs Knowingly let off truck and tempo carrying smuggled goods for illegal gratification Since each was not ready, some silver bars given Plea that there is no material to show nor confessions show that accused was aware of landing and transportation of arms and ammunition Confessional statements corroborating each other and further corroborated by PWs. Held that charge of conspiracy proved. Conviction and sentence for charges framed are approved.
Held:
A perusal of the confessional statements of all the above accused, namely, A-17, A-30, A-82, A-134 and A-136 clearly establish the fact that it corroborates with each other. After consideration of all the abovesaid confessional statements of the co-accused, the involvement of the appellant in the conspiracy is established inasmuch as:
(i) The arms and ammunitions had landed at Dighi Jetty in the second week of January, 1993.
(ii) The landing agents used to talk to the officers of Customs/Police Department.
(iii) The appellant knowingly let off a truck and a tempo carrying smuggled goods pursuant to negotiations on acceptance of bribe of Rs. 8/10 lakhs.
(iv) As the accused persons were not carrying such a huge amount, the appellant kept 5/8 silver bars as a token for security.
(v) The special negotiation and special amount agreed upon shows that the appellant demanded unusual amount in view of the nature of goods smuggled. In other words, he was aware that the consignment was containing arms and ammunitions.
(vi) The appellant, after consultation with A-82, Custom official (who had knowledge that goods could be weapons after the Departmental alert of December, 1992) allowed the trucks loaded with smuggled goods to proceed.
(vii) The confession of A-134 establishes the link between the landing and Mohammed Mustafa Dosa and Dawood Ibrahim and also the landed arms and ammunitions with Tiger Memon. (Para 159)
On perusal of the entire evidence as placed by the prosecution, the following facts emerge:-
(i) The appellant (A-116) arranged for the keys to be given to Shabbir (AA) for the purposes of landing.
(ii) A police party led by the appellant intercepted two trucks at Gondghar Phata and after checking for a considerable period of time and after negotiating for half an hour, let them off;
(iii) The appellant was well acquainted with the smugglers;
(iv) The appellant had secret negotiations with the smugglers as well as consultation with the Custom official Gurav (A-82) for fixing the special bribe amount;
(v) The appellant took silver bars as security in lieu of cash and kept the same in the house of PW-94 who duly corroborates with the fact that he kept the bars in his house;
(vi) The appellant paid Rs. 2,000/- to PW-156 for handing over the keys of the Dighi Jetty to Shabbir Kadri (AA) on 09.01.1993 the day when arms and ammunitions landed at Dighi. (Para 166)
The appellant (A-116) was the head of the police party. The evidence clearly reveals that the appellant was primarily responsible for the decision arrived at in allowing the said contraband smuggled material to be transported further without the same being intercepted/checked by the police in lieu of the bribe amount to be received. (Para 167)
The sentence awarded by the Designated Court to the appellant is justified. The above said evidence substantiates and establishes the charge of conspiracy framed against the appellant (A-116). We fully agree with the reasoning and ultimate conclusion of the Designated Court both on the conviction and sentence. (Para 171)
JUDGEMENT:
JUDGEMENT
152. Mr. Chander Uday Singh, learned senior counsel appeared for the appellant (A-116) and Mr. Mukul Gupta, learned senior counsel duly assisted by Mr. Satyakam, learned counsel for the respondent-CBI.
153. The present appeal is directed against the final judgment and order of conviction and sentence dated 26.09.2006 and 22.05.2007 respectively whereby the appellant (A-116) has been convicted and sentenced to rigorous imprisonment (RI) for life by the Designated Court under TADA for the Bombay Bomb Blast Case, Greater Bombay in B.B.C. No.1/1993.
Charges:
154. A common charge of conspiracy was framed against all the co-conspirators including the appellant (A-116). 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.) and 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, ammunitions, 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, ammunitions 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/co-conspirators, 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 Santacruz, Zaveri Bazaar, Katha Bazaar, Century Bazaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing handgrenades at Macchimar Hindu Colony, Mahim 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 under Section 3(3) of TADA (P) Act, 1987 and Section 120-B of IPC read with Sections 3(2)(i)(ii), 3(3)(4), 5 and 6 of TADA (P) Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1A), (1B)(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.
154.1 In addition to the above-said principal charge of conspiracy, the appellant was also charged on other count which reads as under:
At head Secondly; The appellant, in pursuance of the aforesaid criminal conspiracy, intentionally aided and abetted co-accused persons by allowing them to smuggle into India and transport arms and ammunitions, which were brought into the country for the purpose of committing terrorist acts which were intercepted by a team of Police Officers on the night of 09/01/1993 at Gondghar Phata and allowed to pass the said contraband items in lieu of a bribe of Rs. 7,00,000/- and thereby facilitated the commission of terrorist acts, punishable under section 3(3) of TADA Act, 1987.
155. The charges mentioned above were proved against the appellant (A-116). The appellant has been convicted and sentenced for the above-said charges as under:
Conviction and Sentence:
i) The appellant has been convicted for the offence of conspiracy read with the offences described at head firstly and sentenced to RI for life along with a fine of Rs. 1,00,000/, in default, to further undergo RI for 3 years. (charge firstly)
ii) The appellant has also been convicted under Section 3(3) of TADA for commission of offences at head secondly and sentenced to RI for life along with a fine of Rs. 1,00,000/-, in default, to further undergo RI for 3 years. (charge secondly)
Evidence
156. At the time of commission of offence, the appellant (A-116) was posted as P.S.I. (Police Sub-Inspector), Police Station, Shrivardhan. The evidence against the appellant (A-116) is in the form of:-
(i) confessions made by other co-conspirators; (co-accused);
(ii) testimony of prosecution witnesses; and
(iii) documentary evidence.
Confessional Statements of co-accused:
157. The involvement of the appellant has been disclosed in the confessional statements of the following co-accused. The legality and acceptability of the confessions of the co-accused has already been considered by us in the earlier part of our discussion. The said confessions insofar as they refer to the appellant (A-116) are summarized hereinbelow:
Confessional Statement of Mohd. Kasam Lajpuria @ Mohd. Kalia @ Mechanic Chacha (A-136)
157.1 Confessional statement of A-136 under Section 15 of TADA has been recorded on 09.11.1999 (15:40 hrs.) and 10.11.1999 (09:00 hrs.) by Shri O.P. Chhatwal (PW-684), the then SP, CBI-STF, New Delhi. A brief summary of the confession of A-136 with reference to the appellant is as under:-
(i) The landing agents used to talk to officers of Customs and Police Department. The money used to be sent to the officers of the Customs and Police Department through landing agents.
(ii) At Dighi Jetty, about 265 silver ingots each weighing 35-40 kgs, 15-20 wooden boxes and 15-20 tin boxes referred to as Samaan were unloaded from the ship. He further described that the word Samaan is equivalent to the word arms in the language of criminals.
(iii) A-136 was travelling in a car which was followed by a truck and the tempo containing arms and silver ingots. After noticing that the said two vehicles were not following, their car came back and saw that the said two vehicles had been intercepted by a police party.
(iv) An officer by name Patil (the appellant) stopped the said two vehicles and told Salim (A-134) that you people go after landing and did not pay anything. At that time, Uttam Shantaram Poddar (A-30) along with one Customs officer came and it was settled that Rs. 8 lakhs will be paid to the police for the said landing. Since the accused persons were not carrying such a huge amount with them, the appellant kept 5 silver bars as security on the premise that it will be returned as and when payment will be made. Accordingly, the truck bearing No. 1051 and the tempo containing silver bags and arms respectively, were allowed to pass through.
Confessional Statement of Mohammed Salim Mira Moiddin Shaikh @ Salim Kutta (A-134)
157.2 Confessional statement of A-134 under Section 15 of TADA has been recorded on 18.08.1995 (16:00 hrs.) and 19.08.1995 (16:00 hrs.) by Shri Satyakant Rohinikant Saikia (PW-481), the then DIG-CID Crime and Railways, Gujarat State, Ahmedabad. A brief summary of the confession of A-134 with reference to the appellant is as under:-
(i) A-134 stated that silver bags, 25/30 wooden boxes and 15/20 green coloured canvas bags were unloaded and reloaded into two trucks. There were about 250/300 silver ingots.
(ii) He further stated that on their return from Dighi Jetty after loading, their truck was stopped by a police official (sub- Inspector). The Police officer was annoyed because he had not received any money for the said landing. Later, Customs Officer, Jaywant Keshav Gurav (A-82) reached there in a Jeep driven by A-30 and all of them spoke to the said police officer who agreed to release the trucks after accepting 6/7 silver bars as security in lieu of the bribe of Rs. 10 lacs (approx.) After few days, Feroz paid cash to the officer and got back the silver bars.
(iii) Afsal Gadbad and Arif Lamboo told A-134 that some of the arms and ammunitions which had landed at Dighi Jetty were delivered by them to a man of Tiger Memon.
Confessional Statement of Uttam Shantaram Poddar (A-30)
157.3 Confessional statement of A-30 under Section 15 of TADA has been recorded on 12.07.1993 (17:20 hrs.) and 15.07.1993 by Meera Borwankar (PW-187), the then Superintendent of Police, Crime Investigation Department (Crimes) Pune. A-30 stated as under:-
(i) He stated that he gave Rs. 25,000/- to Mali Hawaldar (A-101) for Vijay Patil (A-116), sub-Inspector of Shrivardhan in December, 1992 in lieu of another landing of silver.
(ii) On 9th in the night, A-30 came to Dighi, thereafter, he was sent on the road to check, where he met Inspector Gurav (A-82) and sat in his Jeep. At Gondghar Phata they saw that Vijay Patil, SI, Shrivardhan had stopped two trucks. A-136 made an offer of Rs. 10 lacs to the police.
(iii) Due to non-availability of ready cash, A-136 gave some silver bars in lieu of cash to the police and left with the trucks.
(iv) A-30 sent a message to A-116 that he would deliver the money at his residence. The accused also stated that Feroz gave Rs. 2 lacs to the Inspector at Shrivardhan.
Confessional Statement of Jaywant Keshav Gurav (A-82)
157.4 Confessional statement of A-82 under Section 15 of TADA has been recorded on 04.05.1993 and 06.05.1993 (10:00 hrs.) by Shri Tikaram Shrawan Bhal (PW-191), the then Superintendent of Police, Alibaug, Raigad. A-82, in his confessional statement, referred to the role of the appellant as under:-
(i) He confessed that in December, 1992, customs officials received a letter indicating that weapons would be smuggled into India from the foreign country and landing thereof would be made at Western Coast and for that purpose, orders were issued to carry out patrolling and to remain alert.
(ii) A-30 met him on 09.01.1993 and said that silver landing was to take place that night from Dighi Jetty.
(iii) A-82 met A-30 again at 12:00 a.m. and went towards Gondghar Phata. Around 12:30 a.m., he noticed that the trucks had been stopped by a police party led by Inspector Patil (A-116).
(iv) He saw that A-116 and 5-7 policemen of Shrivardhan Police Station were standing near the Police jeep.
(v) A-30 went to Police Sub-Inspector Patil. At that place, Shabbir and 4-5 persons of Mohammed Dosa were also standing.
(vi) A-116 went to A-82 and asked as to what was to be done. A-82 told him, ‘you settle among yourselves’. The police, after half an hour following settlement, released the detained trucks.
Confessional Statement of Sharif Abdul Gafoor Parkar @ Dadabhai (A-17)
157.5 Confessional statement of A-17 under Section 15 of TADA has been recorded on 18.04.1993 and 20.04.1993 by Shri Prem Krishna Jain (PW-189), the then DCP, Zone X, Bombay. In his confession, he stated that Rs. 25,000/- was paid to Shrivardhan Police Station for landing on two occasions.
158. Learned senior counsel for the appellant, by pointing out the above confessional statements, particularly, the confession of A-30, submitted that the prosecution has not shown or produced any material on record that the police officer was aware of the arms and ammunitions that had landed at Dighi Jetty and that the same were transported along with silver boxes. We have carefully analysed the confessional statements including that of A-30 and we find no force in the submission made by learned senior counsel for the appellant. On the other hand, we are unable to accept the said submission.
159. A perusal of the confessional statements of all the above accused, namely, A-17, A-30, A-82, A-134 and A-136 clearly establish the fact that it corroborates with each other. After consideration of all the abovesaid confessional statements of the co-accused, the involvement of the appellant in the conspiracy is established inasmuch as:
(i) The arms and ammunitions had landed at Dighi Jetty in the second week of January, 1993.
(ii) The landing agents used to talk to the officers of Customs/Police Department.
(iii) The appellant knowingly let off a truck and a tempo carrying smuggled goods pursuant to negotiations on acceptance of bribe of Rs. 8/10 lakhs.
(iv) As the accused persons were not carrying such a huge amount, the appellant kept 5/8 silver bars as a token for security.
(v) The special negotiation and special amount agreed upon shows that the appellant demanded unusual amount in view of the nature of goods smuggled. In other words, he was aware that the consignment was containing arms and ammunitions.
(vi) The appellant, after consultation with A-82, Custom official (who had knowledge that goods could be weapons after the Departmental alert of December, 1992) allowed the trucks loaded with smuggled goods to proceed.
(vii) The confession of A-134 establishes the link between the landing and Mohammed Mustafa Dosa and Dawood Ibrahim and also the landed arms and ammunitions with Tiger Memon.
Deposition of Prosecution Witnesses:
160. Apart from the aforesaid evidence, the involvement and the role of the appellant in the conspiracy, as stated above, is disclosed by the depositions of various prosecution witnesses which are as under:
Deposition of Dilip Bhiku Pansare (PW-97)
160.1 PW-97 was working as a Mechanic in State Transport Corporation. In his deposition dated 12.09.1996, he stated as under:-
(i) He drove one of the two trucks bearing no. 5533 in which silver bars as told to him by Shabbir Kadri were loaded on 09.01.1993 at Dighi Jetty.
(ii) He stated that at Gondghar Phata, he was stopped by a police jeep.
(iii) He stated that the police men boarded the said truck and started shouting that there was silver in the truck.
(iv) He stated that meanwhile another truck also came following his truck and when the police men were trying to board the truck, the persons who were travelling in the said truck said Saab Andar Math Jao, Andar Kaanch ka Saman Hai
(v) He stated that thereafter, Shabbir Kadri came and started asking A-116 what had happened.
(vi) He stated that he took the appellant nearby a white car which was stationed behind the said truck.
(vii) He stated that meanwhile A-30 and A-82 also came there and discussion took place for about half an hour.
(viii) He stated that, thereafter, 5 silver bars were taken out of the truck bearing No. 5533 and were kept in the police jeep.
(ix) He stated that when he left the said spot, the other truck alongwith the police jeep was still there.
(x) He stated that the person who shouted to take out the keys of my truck was at the rear side portion of the truck.
(xi) He stated that police checked his truck for 15 minutes and took ten minutes for checking the other truck.
Deposition of Eknath Raghav Pedhvi (PW-156)
160.2 At the relevant time, PW-156 was working as a Chowkidar and Safaidar (Cleaner) at the Dighi Port. In his deposition dated 15.01.1997, he stated as under:-
(i) He stated that on 09.01.1993, one Shri Mane from the Dighi Police Station came to his house and told him to give the keys of the Jetty to the person who would approach him.
(ii) On the same night, he was approached by Shabbir who inquired about the jetty and also asked as to who had the keys of the gate to the jetty.
(iii) He gave the keys to Shabbir (AA) and told him that there was no need to worry as he had told everything to the Police.
(iv) Shabbir came back at 5:30 am and returned the key of the jetty to him.
(v) After 3-4 days, the policeman named Mane went to his room and took him to the residence of A-116.
(vi) At the house of A-116, he received Rs. 2,000/- which was handed over to him by Mane for giving keys of Jetty to Shabbir.
(vii) He stated that the said amount was taken out by Mane underneath the bed-sheet.
Deposition of Shankar Rao Anna Patil (PW-574)
160.3 PW-574 was in the Maharashtra Police Force since 1964. In his deposition dated 02.02.2000, he stated that on 22.04.1993, he went to the residence of A-116 and recovered Rs. 2,50,000/- from his house and a panchnama dated 22.04.1993 marked as Exhibit 689 was drawn by him in the presence of panch witnesses.
Deposition of Vinod Babu Chavan (PW-590)
160.4 The deposition of PW-590 was recorded on 22.02.2000. He stated that on 12.04.1993, he took charge of the weekly diary of the appellant. The said diary is marked as Art. 326. A panchnama dated 12.04.1993, marked as Exhibit 571, was also effected.
Deposition of Ravindra Kaka Patil (PW-94)
160.5 At the relevant time, PW-94 was a Junior Engineer in Kharland Office of the Irrigation Department in village Shrivardhan. In his deposition dated 10.09.1996, he stated as under:
(i) He stated that he knew A-116 as the police officer who used to requisite their office Jeep for the work of bandobast. The driver of PW-94 became conversant with A-116 and as a result the witness also became conversant with A-116.
(ii) He stated that in March, 1993, the appellant came to his house and told him that while he (PW 94) was away in January 1993, the appellant had kept five silver bricks in his room.
(iii) On being asked as to why the appellant had kept the same, A-116 replied that he placed the same as nobody could have seen it as he was not at his house.
(iv) He stated that the appellant had telephoned him and asked him in first or second week of January, 1993 that there was a function of offering oaty at his residence and people who had arrived from Mahad for the said function were waiting outside the sweetmeat shop and that he should take the burfi which was with the said persons to his house.
(v) He stated that he reached on motorcycle to the Naka and two or three persons were standing and one of them took two packets wrapped in a newspaper and kept the same in the dickey of his motorcycle. Later, the appellant came following him from behind.
(vi) He stated that on the way, the appellant asked him to handover the burfi (sweets) to him since he was also going home. The appellant thereafter took both the packets.
161. From the perusal of the above, it is clear that:-
(i) The appellant was well known to the accused persons who referred to him in casual manner.
(ii) The police party, after checking both the trucks for a considerable period of time had negotiations with the smugglers.
(iii) Pursuant to the negotiations, the appellant demanded a sum of Rs. 8/10 lakhs from the smugglers and kept 4-5 silver bars as a token for security.
(iv) The keys of the jetty were given to Shabbir (AA) at the instance of the police.
(v) The appellant paid Rs. 2,000/- to PW-156 which was handed over to him by Mane (A-101) for giving keys of the Jetty to Shabbir.
161.1 It is relevant to mention that the said witness was not even cross- examined on behalf of the appellant (A-116).
Other witnesses:
Deposition of Yeshwant Govind Kadam (PW-109)
162. PW-109 is a panch witness and deposed that Panchnama dated 21.04.1993 marked as Exhibit 563 was drawn in his presence. The said Panchnama records that Ramesh Dattatray Mali (A-101), Police Constable was given Rs. 15,000/- by A-116 in connection with smuggling matter and this money was produced by Mali (A-101) in presence of two panchas.
163. The said witness also deposed about the Panchnama dated 22.04.1993 marked as Exhibit 564. The panchnama records that out of the monies taken by A-116 in smuggling, he handed over Rs. 25,000/- to P.C. Krishna Tukaram Pingle, B. No. 1499 and that P.C. Pingle was producing the money taken in the Police Station.
164. He further deposed and proved the Panchnama dated 25.04.1993 marked as Exh. 565 which records that Inspector Ashok Narayan Muneshwar (A-70) was given Rs. 30,000 in connection with smuggling of goods at Dighi and that he produced the said money in front of panchas.
165. By pointing out the above evidence, learned senior counsel for the appellant, argued that at the most it denotes that at the time of interception, the police found only silver bricks in one truck and similar bricks and some boxes in the other truck. Even after counting, they found 100 silver bricks and some boxes. He further submitted that when the police enquired about the contents of the boxes, Chacha (A-136) replied that the boxes contained watches. In other words, according to him, the evidence and the entire materials relied on by the prosecution denote that the police had knowledge of only silver bricks and watches, i.e., the contents of the boxes. Finally, he submitted that the knowledge in furtherance of the act of abetment as contemplated under Section 3(3) of TADA seems to be absent and cannot be inferred on the basis of surmises merely because the appellant was the PSI. In the light of the vehement arguments, we have carefully analysed the prosecution witnesses and the materials placed. Here again, we are unable to concur with the arguments. On the other hand, we are unable to accept the same.
166. On perusal of the entire evidence as placed by the prosecution, the following facts emerge:-
(i) The appellant (A-116) arranged for the keys to be given to Shabbir (AA) for the purposes of landing.
(ii) A police party led by the appellant intercepted two trucks at Gondghar Phata and after checking for a considerable period of time and after negotiating for half an hour, let them off;
(iii) The appellant was well acquainted with the smugglers;
(iv) The appellant had secret negotiations with the smugglers as well as consultation with the Custom official Gurav (A-82) for fixing the special bribe amount;
(v) The appellant took silver bars as security in lieu of cash and kept the same in the house of PW-94 who duly corroborates with the fact that he kept the bars in his house;
(vi) The appellant paid Rs. 2,000/- to PW-156 for handing over the keys of the Dighi Jetty to Shabbir Kadri (AA) on 09.01.1993 the day when arms and ammunitions landed at Dighi.
166.1 It may be pointed out here that sufficient evidence has been placed on record by the prosecution to show that part of the consignment which landed at Dighi was also delivered to Tiger Memon.
Sentence
167. Coming to sentence, it is not in dispute that the appellant (A-116) was the head of the police party. The evidence clearly reveals that the appellant was primarily responsible for the decision arrived at in allowing the said contraband smuggled material to be transported further without the same being intercepted/checked by the police in lieu of the bribe amount to be received.
168. Further, the appellant was given full opportunity to defend himself on the question of quantum of sentence. The appellant filed statement dated 24.01.2007 on the quantum of sentence which is Exh. 2954. The appellant prayed that the following, amongst other factors, may be considered while determining his sentence:-
(i) He was the sole bread winner of his family; and
(ii) He was in the government service.
169. The Designated Court, after considering the factors pleaded by the appellant and the nature of crime committed by him, held as under:-
499..considering the facts that A-116 was head of local police and as such was duty bound to make every attempt to prevent commission of a crime, but instead of carrying his duty, he had allowed commission of crime and so also further crimes by allowing transportation of contraband material and having acted in such a manner for receiving a bribe amount makes it extremely difficult to accept submission for leniency.
170. As rightly pointed out by learned senior counsel for the CBI, the crime of the appellant may be considered in the light of the fact that he was the protector of law and he has breached the trust of the people of the country. Had he honestly done his duty, perhaps the whole disaster could have been obviated.
171. In the light of the above, we are of the view that the sentence awarded by the Designated Court to the appellant is justified. The above said evidence substantiates and establishes the charge of conspiracy framed against the appellant (A-116). We fully agree with the reasoning and ultimate conclusion of the Designated Court both on the conviction and sentence. Consequently, the appeal is liable to be dismissed.
152. Mr. Chander Uday Singh, learned senior counsel appeared for the appellant (A-116) and Mr. Mukul Gupta, learned senior counsel duly assisted by Mr. Satyakam, learned counsel for the respondent-CBI.
153. The present appeal is directed against the final judgment and order of conviction and sentence dated 26.09.2006 and 22.05.2007 respectively whereby the appellant (A-116) has been convicted and sentenced to rigorous imprisonment (RI) for life by the Designated Court under TADA for the Bombay Bomb Blast Case, Greater Bombay in B.B.C. No.1/1993.
Charges:
154. A common charge of conspiracy was framed against all the co-conspirators including the appellant (A-116). 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.) and 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, ammunitions, 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, ammunitions 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/co-conspirators, 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 Santacruz, Zaveri Bazaar, Katha Bazaar, Century Bazaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing handgrenades at Macchimar Hindu Colony, Mahim 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 under Section 3(3) of TADA (P) Act, 1987 and Section 120-B of IPC read with Sections 3(2)(i)(ii), 3(3)(4), 5 and 6 of TADA (P) Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1A), (1B)(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.
154.1 In addition to the above-said principal charge of conspiracy, the appellant was also charged on other count which reads as under:
At head Secondly; The appellant, in pursuance of the aforesaid criminal conspiracy, intentionally aided and abetted co-accused persons by allowing them to smuggle into India and transport arms and ammunitions, which were brought into the country for the purpose of committing terrorist acts which were intercepted by a team of Police Officers on the night of 09/01/1993 at Gondghar Phata and allowed to pass the said contraband items in lieu of a bribe of Rs. 7,00,000/- and thereby facilitated the commission of terrorist acts, punishable under section 3(3) of TADA Act, 1987.
155. The charges mentioned above were proved against the appellant (A-116). The appellant has been convicted and sentenced for the above-said charges as under:
Conviction and Sentence:
i) The appellant has been convicted for the offence of conspiracy read with the offences described at head firstly and sentenced to RI for life along with a fine of Rs. 1,00,000/, in default, to further undergo RI for 3 years. (charge firstly)
ii) The appellant has also been convicted under Section 3(3) of TADA for commission of offences at head secondly and sentenced to RI for life along with a fine of Rs. 1,00,000/-, in default, to further undergo RI for 3 years. (charge secondly)
Evidence
156. At the time of commission of offence, the appellant (A-116) was posted as P.S.I. (Police Sub-Inspector), Police Station, Shrivardhan. The evidence against the appellant (A-116) is in the form of:-
(i) confessions made by other co-conspirators; (co-accused);
(ii) testimony of prosecution witnesses; and
(iii) documentary evidence.
Confessional Statements of co-accused:
157. The involvement of the appellant has been disclosed in the confessional statements of the following co-accused. The legality and acceptability of the confessions of the co-accused has already been considered by us in the earlier part of our discussion. The said confessions insofar as they refer to the appellant (A-116) are summarized hereinbelow:
Confessional Statement of Mohd. Kasam Lajpuria @ Mohd. Kalia @ Mechanic Chacha (A-136)
157.1 Confessional statement of A-136 under Section 15 of TADA has been recorded on 09.11.1999 (15:40 hrs.) and 10.11.1999 (09:00 hrs.) by Shri O.P. Chhatwal (PW-684), the then SP, CBI-STF, New Delhi. A brief summary of the confession of A-136 with reference to the appellant is as under:-
(i) The landing agents used to talk to officers of Customs and Police Department. The money used to be sent to the officers of the Customs and Police Department through landing agents.
(ii) At Dighi Jetty, about 265 silver ingots each weighing 35-40 kgs, 15-20 wooden boxes and 15-20 tin boxes referred to as Samaan were unloaded from the ship. He further described that the word Samaan is equivalent to the word arms in the language of criminals.
(iii) A-136 was travelling in a car which was followed by a truck and the tempo containing arms and silver ingots. After noticing that the said two vehicles were not following, their car came back and saw that the said two vehicles had been intercepted by a police party.
(iv) An officer by name Patil (the appellant) stopped the said two vehicles and told Salim (A-134) that you people go after landing and did not pay anything. At that time, Uttam Shantaram Poddar (A-30) along with one Customs officer came and it was settled that Rs. 8 lakhs will be paid to the police for the said landing. Since the accused persons were not carrying such a huge amount with them, the appellant kept 5 silver bars as security on the premise that it will be returned as and when payment will be made. Accordingly, the truck bearing No. 1051 and the tempo containing silver bags and arms respectively, were allowed to pass through.
Confessional Statement of Mohammed Salim Mira Moiddin Shaikh @ Salim Kutta (A-134)
157.2 Confessional statement of A-134 under Section 15 of TADA has been recorded on 18.08.1995 (16:00 hrs.) and 19.08.1995 (16:00 hrs.) by Shri Satyakant Rohinikant Saikia (PW-481), the then DIG-CID Crime and Railways, Gujarat State, Ahmedabad. A brief summary of the confession of A-134 with reference to the appellant is as under:-
(i) A-134 stated that silver bags, 25/30 wooden boxes and 15/20 green coloured canvas bags were unloaded and reloaded into two trucks. There were about 250/300 silver ingots.
(ii) He further stated that on their return from Dighi Jetty after loading, their truck was stopped by a police official (sub- Inspector). The Police officer was annoyed because he had not received any money for the said landing. Later, Customs Officer, Jaywant Keshav Gurav (A-82) reached there in a Jeep driven by A-30 and all of them spoke to the said police officer who agreed to release the trucks after accepting 6/7 silver bars as security in lieu of the bribe of Rs. 10 lacs (approx.) After few days, Feroz paid cash to the officer and got back the silver bars.
(iii) Afsal Gadbad and Arif Lamboo told A-134 that some of the arms and ammunitions which had landed at Dighi Jetty were delivered by them to a man of Tiger Memon.
Confessional Statement of Uttam Shantaram Poddar (A-30)
157.3 Confessional statement of A-30 under Section 15 of TADA has been recorded on 12.07.1993 (17:20 hrs.) and 15.07.1993 by Meera Borwankar (PW-187), the then Superintendent of Police, Crime Investigation Department (Crimes) Pune. A-30 stated as under:-
(i) He stated that he gave Rs. 25,000/- to Mali Hawaldar (A-101) for Vijay Patil (A-116), sub-Inspector of Shrivardhan in December, 1992 in lieu of another landing of silver.
(ii) On 9th in the night, A-30 came to Dighi, thereafter, he was sent on the road to check, where he met Inspector Gurav (A-82) and sat in his Jeep. At Gondghar Phata they saw that Vijay Patil, SI, Shrivardhan had stopped two trucks. A-136 made an offer of Rs. 10 lacs to the police.
(iii) Due to non-availability of ready cash, A-136 gave some silver bars in lieu of cash to the police and left with the trucks.
(iv) A-30 sent a message to A-116 that he would deliver the money at his residence. The accused also stated that Feroz gave Rs. 2 lacs to the Inspector at Shrivardhan.
Confessional Statement of Jaywant Keshav Gurav (A-82)
157.4 Confessional statement of A-82 under Section 15 of TADA has been recorded on 04.05.1993 and 06.05.1993 (10:00 hrs.) by Shri Tikaram Shrawan Bhal (PW-191), the then Superintendent of Police, Alibaug, Raigad. A-82, in his confessional statement, referred to the role of the appellant as under:-
(i) He confessed that in December, 1992, customs officials received a letter indicating that weapons would be smuggled into India from the foreign country and landing thereof would be made at Western Coast and for that purpose, orders were issued to carry out patrolling and to remain alert.
(ii) A-30 met him on 09.01.1993 and said that silver landing was to take place that night from Dighi Jetty.
(iii) A-82 met A-30 again at 12:00 a.m. and went towards Gondghar Phata. Around 12:30 a.m., he noticed that the trucks had been stopped by a police party led by Inspector Patil (A-116).
(iv) He saw that A-116 and 5-7 policemen of Shrivardhan Police Station were standing near the Police jeep.
(v) A-30 went to Police Sub-Inspector Patil. At that place, Shabbir and 4-5 persons of Mohammed Dosa were also standing.
(vi) A-116 went to A-82 and asked as to what was to be done. A-82 told him, ‘you settle among yourselves’. The police, after half an hour following settlement, released the detained trucks.
Confessional Statement of Sharif Abdul Gafoor Parkar @ Dadabhai (A-17)
157.5 Confessional statement of A-17 under Section 15 of TADA has been recorded on 18.04.1993 and 20.04.1993 by Shri Prem Krishna Jain (PW-189), the then DCP, Zone X, Bombay. In his confession, he stated that Rs. 25,000/- was paid to Shrivardhan Police Station for landing on two occasions.
158. Learned senior counsel for the appellant, by pointing out the above confessional statements, particularly, the confession of A-30, submitted that the prosecution has not shown or produced any material on record that the police officer was aware of the arms and ammunitions that had landed at Dighi Jetty and that the same were transported along with silver boxes. We have carefully analysed the confessional statements including that of A-30 and we find no force in the submission made by learned senior counsel for the appellant. On the other hand, we are unable to accept the said submission.
159. A perusal of the confessional statements of all the above accused, namely, A-17, A-30, A-82, A-134 and A-136 clearly establish the fact that it corroborates with each other. After consideration of all the abovesaid confessional statements of the co-accused, the involvement of the appellant in the conspiracy is established inasmuch as:
(i) The arms and ammunitions had landed at Dighi Jetty in the second week of January, 1993.
(ii) The landing agents used to talk to the officers of Customs/Police Department.
(iii) The appellant knowingly let off a truck and a tempo carrying smuggled goods pursuant to negotiations on acceptance of bribe of Rs. 8/10 lakhs.
(iv) As the accused persons were not carrying such a huge amount, the appellant kept 5/8 silver bars as a token for security.
(v) The special negotiation and special amount agreed upon shows that the appellant demanded unusual amount in view of the nature of goods smuggled. In other words, he was aware that the consignment was containing arms and ammunitions.
(vi) The appellant, after consultation with A-82, Custom official (who had knowledge that goods could be weapons after the Departmental alert of December, 1992) allowed the trucks loaded with smuggled goods to proceed.
(vii) The confession of A-134 establishes the link between the landing and Mohammed Mustafa Dosa and Dawood Ibrahim and also the landed arms and ammunitions with Tiger Memon.
Deposition of Prosecution Witnesses:
160. Apart from the aforesaid evidence, the involvement and the role of the appellant in the conspiracy, as stated above, is disclosed by the depositions of various prosecution witnesses which are as under:
Deposition of Dilip Bhiku Pansare (PW-97)
160.1 PW-97 was working as a Mechanic in State Transport Corporation. In his deposition dated 12.09.1996, he stated as under:-
(i) He drove one of the two trucks bearing no. 5533 in which silver bars as told to him by Shabbir Kadri were loaded on 09.01.1993 at Dighi Jetty.
(ii) He stated that at Gondghar Phata, he was stopped by a police jeep.
(iii) He stated that the police men boarded the said truck and started shouting that there was silver in the truck.
(iv) He stated that meanwhile another truck also came following his truck and when the police men were trying to board the truck, the persons who were travelling in the said truck said Saab Andar Math Jao, Andar Kaanch ka Saman Hai
(v) He stated that thereafter, Shabbir Kadri came and started asking A-116 what had happened.
(vi) He stated that he took the appellant nearby a white car which was stationed behind the said truck.
(vii) He stated that meanwhile A-30 and A-82 also came there and discussion took place for about half an hour.
(viii) He stated that, thereafter, 5 silver bars were taken out of the truck bearing No. 5533 and were kept in the police jeep.
(ix) He stated that when he left the said spot, the other truck alongwith the police jeep was still there.
(x) He stated that the person who shouted to take out the keys of my truck was at the rear side portion of the truck.
(xi) He stated that police checked his truck for 15 minutes and took ten minutes for checking the other truck.
Deposition of Eknath Raghav Pedhvi (PW-156)
160.2 At the relevant time, PW-156 was working as a Chowkidar and Safaidar (Cleaner) at the Dighi Port. In his deposition dated 15.01.1997, he stated as under:-
(i) He stated that on 09.01.1993, one Shri Mane from the Dighi Police Station came to his house and told him to give the keys of the Jetty to the person who would approach him.
(ii) On the same night, he was approached by Shabbir who inquired about the jetty and also asked as to who had the keys of the gate to the jetty.
(iii) He gave the keys to Shabbir (AA) and told him that there was no need to worry as he had told everything to the Police.
(iv) Shabbir came back at 5:30 am and returned the key of the jetty to him.
(v) After 3-4 days, the policeman named Mane went to his room and took him to the residence of A-116.
(vi) At the house of A-116, he received Rs. 2,000/- which was handed over to him by Mane for giving keys of Jetty to Shabbir.
(vii) He stated that the said amount was taken out by Mane underneath the bed-sheet.
Deposition of Shankar Rao Anna Patil (PW-574)
160.3 PW-574 was in the Maharashtra Police Force since 1964. In his deposition dated 02.02.2000, he stated that on 22.04.1993, he went to the residence of A-116 and recovered Rs. 2,50,000/- from his house and a panchnama dated 22.04.1993 marked as Exhibit 689 was drawn by him in the presence of panch witnesses.
Deposition of Vinod Babu Chavan (PW-590)
160.4 The deposition of PW-590 was recorded on 22.02.2000. He stated that on 12.04.1993, he took charge of the weekly diary of the appellant. The said diary is marked as Art. 326. A panchnama dated 12.04.1993, marked as Exhibit 571, was also effected.
Deposition of Ravindra Kaka Patil (PW-94)
160.5 At the relevant time, PW-94 was a Junior Engineer in Kharland Office of the Irrigation Department in village Shrivardhan. In his deposition dated 10.09.1996, he stated as under:
(i) He stated that he knew A-116 as the police officer who used to requisite their office Jeep for the work of bandobast. The driver of PW-94 became conversant with A-116 and as a result the witness also became conversant with A-116.
(ii) He stated that in March, 1993, the appellant came to his house and told him that while he (PW 94) was away in January 1993, the appellant had kept five silver bricks in his room.
(iii) On being asked as to why the appellant had kept the same, A-116 replied that he placed the same as nobody could have seen it as he was not at his house.
(iv) He stated that the appellant had telephoned him and asked him in first or second week of January, 1993 that there was a function of offering oaty at his residence and people who had arrived from Mahad for the said function were waiting outside the sweetmeat shop and that he should take the burfi which was with the said persons to his house.
(v) He stated that he reached on motorcycle to the Naka and two or three persons were standing and one of them took two packets wrapped in a newspaper and kept the same in the dickey of his motorcycle. Later, the appellant came following him from behind.
(vi) He stated that on the way, the appellant asked him to handover the burfi (sweets) to him since he was also going home. The appellant thereafter took both the packets.
161. From the perusal of the above, it is clear that:-
(i) The appellant was well known to the accused persons who referred to him in casual manner.
(ii) The police party, after checking both the trucks for a considerable period of time had negotiations with the smugglers.
(iii) Pursuant to the negotiations, the appellant demanded a sum of Rs. 8/10 lakhs from the smugglers and kept 4-5 silver bars as a token for security.
(iv) The keys of the jetty were given to Shabbir (AA) at the instance of the police.
(v) The appellant paid Rs. 2,000/- to PW-156 which was handed over to him by Mane (A-101) for giving keys of the Jetty to Shabbir.
161.1 It is relevant to mention that the said witness was not even cross- examined on behalf of the appellant (A-116).
Other witnesses:
Deposition of Yeshwant Govind Kadam (PW-109)
162. PW-109 is a panch witness and deposed that Panchnama dated 21.04.1993 marked as Exhibit 563 was drawn in his presence. The said Panchnama records that Ramesh Dattatray Mali (A-101), Police Constable was given Rs. 15,000/- by A-116 in connection with smuggling matter and this money was produced by Mali (A-101) in presence of two panchas.
163. The said witness also deposed about the Panchnama dated 22.04.1993 marked as Exhibit 564. The panchnama records that out of the monies taken by A-116 in smuggling, he handed over Rs. 25,000/- to P.C. Krishna Tukaram Pingle, B. No. 1499 and that P.C. Pingle was producing the money taken in the Police Station.
164. He further deposed and proved the Panchnama dated 25.04.1993 marked as Exh. 565 which records that Inspector Ashok Narayan Muneshwar (A-70) was given Rs. 30,000 in connection with smuggling of goods at Dighi and that he produced the said money in front of panchas.
165. By pointing out the above evidence, learned senior counsel for the appellant, argued that at the most it denotes that at the time of interception, the police found only silver bricks in one truck and similar bricks and some boxes in the other truck. Even after counting, they found 100 silver bricks and some boxes. He further submitted that when the police enquired about the contents of the boxes, Chacha (A-136) replied that the boxes contained watches. In other words, according to him, the evidence and the entire materials relied on by the prosecution denote that the police had knowledge of only silver bricks and watches, i.e., the contents of the boxes. Finally, he submitted that the knowledge in furtherance of the act of abetment as contemplated under Section 3(3) of TADA seems to be absent and cannot be inferred on the basis of surmises merely because the appellant was the PSI. In the light of the vehement arguments, we have carefully analysed the prosecution witnesses and the materials placed. Here again, we are unable to concur with the arguments. On the other hand, we are unable to accept the same.
166. On perusal of the entire evidence as placed by the prosecution, the following facts emerge:-
(i) The appellant (A-116) arranged for the keys to be given to Shabbir (AA) for the purposes of landing.
(ii) A police party led by the appellant intercepted two trucks at Gondghar Phata and after checking for a considerable period of time and after negotiating for half an hour, let them off;
(iii) The appellant was well acquainted with the smugglers;
(iv) The appellant had secret negotiations with the smugglers as well as consultation with the Custom official Gurav (A-82) for fixing the special bribe amount;
(v) The appellant took silver bars as security in lieu of cash and kept the same in the house of PW-94 who duly corroborates with the fact that he kept the bars in his house;
(vi) The appellant paid Rs. 2,000/- to PW-156 for handing over the keys of the Dighi Jetty to Shabbir Kadri (AA) on 09.01.1993 the day when arms and ammunitions landed at Dighi.
166.1 It may be pointed out here that sufficient evidence has been placed on record by the prosecution to show that part of the consignment which landed at Dighi was also delivered to Tiger Memon.
Sentence
167. Coming to sentence, it is not in dispute that the appellant (A-116) was the head of the police party. The evidence clearly reveals that the appellant was primarily responsible for the decision arrived at in allowing the said contraband smuggled material to be transported further without the same being intercepted/checked by the police in lieu of the bribe amount to be received.
168. Further, the appellant was given full opportunity to defend himself on the question of quantum of sentence. The appellant filed statement dated 24.01.2007 on the quantum of sentence which is Exh. 2954. The appellant prayed that the following, amongst other factors, may be considered while determining his sentence:-
(i) He was the sole bread winner of his family; and
(ii) He was in the government service.
169. The Designated Court, after considering the factors pleaded by the appellant and the nature of crime committed by him, held as under:-
499..considering the facts that A-116 was head of local police and as such was duty bound to make every attempt to prevent commission of a crime, but instead of carrying his duty, he had allowed commission of crime and so also further crimes by allowing transportation of contraband material and having acted in such a manner for receiving a bribe amount makes it extremely difficult to accept submission for leniency.
170. As rightly pointed out by learned senior counsel for the CBI, the crime of the appellant may be considered in the light of the fact that he was the protector of law and he has breached the trust of the people of the country. Had he honestly done his duty, perhaps the whole disaster could have been obviated.
171. In the light of the above, we are of the view that the sentence awarded by the Designated Court to the appellant is justified. The above said evidence substantiates and establishes the charge of conspiracy framed against the appellant (A-116). We fully agree with the reasoning and ultimate conclusion of the Designated Court both on the conviction and sentence. Consequently, the appeal is liable to be dismissed.
