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TMI Blog1994 (2) TMI 323X X X X Extracts X X X X X X X X Extracts X X X X ..... t the respondent and consequently the proceedings against him before the Designated Court under the TADA Act have been quashed. Consequently, the High Court has directed the release of the petitioner on bail on terms mentioned in its judgment. 2. The city of Bombay was rocked by a series of bomb blasts on 12.3.1993 which killed 257 persons, maimed another more than 700 persons and destroyed property worth about ₹ 27 crores. These bomb blasts occurred in important government and public sector buildings of stock exchange, Air India, Sahar International Airport, several five star hotels and busy commercial localities such as Zaveri Bazar, Katha Bazar an Century Bazar. Petrol pumps adjoining important locations were also the target of these blasts. The bomb blasts were accompanied by explosion of hand grenades in sensitive areas intended to incite communal violence which caused riot in certain areas. These incidents were a part of carefully planed strategy calculated to terrorise the government in the Suite as well as at the center and to incite communal violence. 3. It was during the investigation into these crimes that respondent Abdul Hamid was arrested on 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail on terms indicated in its judgment. However, the High Court accepted the submission made on behalf of the Suite that important question of law were involved for decision relating to the High Court's jurisdiction in such a matter and, therefore, it certified that the case is a fit one for appeal to the Supreme Court. This is how this appeal arises. 5. The learned Additional Solicitor General submitted that the High Court was not empowered in exercise of its extraordinary jurisdiction under Article 226 of the Constitution to quash a prosecution launched for punishment of offences under the TADA Act and, therefore, the impugned judgment is liable to be set aside for this reason alone. He further submitted that even on merits the order of the Designated Court refusing bail to the respondent is not open to interference and if the matter is examined afresh, the nature of accusation against the respondent and the material on which it is based clearly attracts the provisions of TADA Act justifying refusal of bail to the respondent. 6. In reply, Shri Ram Jethmalani for the respondent first submitted that the certificate granted by the High Court is liable to be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of TADA Act. We may hasten to add that this can happen only in extreme cases which would be rare and that power of the High Court is not exercisable in cases like the present where it may be debatable whether the direct accusation made in conjunction with the attendant circumstances, if proved to be true, is likely to result in conviction for an offence under TADA Act. The moment there is a debatable area in the case, it is not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution and the gamut of the procedure prescribed under TADA Act must be followed, namely raising the objection before the Designated Court and, if necessary, challenging the order of the Designated Court by appeal in the Supreme Court as provided in Section 19 of TADA Act. In view of the express provision of appeal to the Supreme Court against any judgment, sentence or order, not being an interlocutory order of a Designated Court, there is no occasion for the High Court to examine merits of the order made by the Designated Court that the Act applies. We have no doubt that in the present case wherein the High Court had to perform the laboured exercise of scrutinisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Arms Act and not either under Section 3 or Section 5 of the TADA Act much less under Section 6 thereof or the offence of conspiracy which has been alleged generally in the chargesheet. Shri Jethmalani placed reliance on the decision of this Court Paras Ram v. State of Haryana 1993CriLJ416 , to support his submission that mere possession of AK-56 rifles without its ammunition cannot constitute the offence punishable under Section 5 of TADA Act. On the other hand, the learned Additional Solicitor General submitted that discovery of six rifles and twelve magazines by the respondent, is not the only accusation against the respondent. He also referred to certain circumstances indicating the close association of respondent Abdul Hamid with one Ijaz who is alleged to be a close associate of Dawood Ibrahim, one of the prime accused in the case and concealment of these rifles and magazines by the respondent in a part of the property in which the respondent and Ijaz have interest as well as the allegation of large scale smuggling of such rifles, ammunition and other explosives into the country with the complicity of custom officers who are all being prosecuted simultaneously, as some of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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