9911796707
TMI Blog2004 (5) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... f the POTA and Sections 120-B/121/121A/122/123 IPC read with Sections 4/5 of Explosives Substances Act and Section 25 of the Arms Act. 2. Briefly stated the facts, germane to the present appeal are as follows: On the basis of intelligence inputs that militants of Jaish-e-Mohammad were using trucks for supply of arms and other explosive materials by concealing them in wooden boxes used for keeping fruits and taking back Hawala money from Delhi to Kashmir, a raid was conducted at Qutab Road parking area, Sadar Bazar, Delhi on 30 August 2003 and a huge quantity of arms and ammunition was recovered from a truck parked there. Three persons, namely, Noor Mohd. Tantray @ Peer Baba @ Gulzar Bhatt, Parvez Ahmed Mir and Farooq Ahmed, who had taken ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itting, that the appellant had delivered money to Noor Mohd. Tantray, a mere delivery of money to him would not bring the case of the appellant within the ambit of Section 22 of the POTA, as no knowledge about the money being used for the purposes of terrorism, a condition precedent to book a person under the said Section has been attributed to him. In support of the contention learned counsel has referred us to the two alleged confessional statements of Noor Mohd. Tantray and of the appellant. 5. Per contra, Ms. Mukta Gupta, learned counsel for the State maintains that there is sufficient evidence on record to prove that the appellant was engaged in terrorist activities and therefore, there is no ground to enlarge him on bail. 6. Before we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in language used in the said Subsection, it is clear that a person raising funds for a terrorist organization commits an offence under the Section only when he provides money or property with the knowledge or has reasonable cause to suspect that it may be used for the purpose of terrorism. To attract Section 22 of the POTA the said twin conditions must exist. In PUCL's case (supra) also it was observed that the offence under Section 22 needs positive inference that a person has acted with intent of furthering or encouraging terrorist activity or facilitating its commission. In other words, these sections are limited only to those activities that have the intent of encouraging or furthering or promoting or facilitating the commission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant deserves to be granted bail. Accordingly, we set aside the impugned order and direct that the appellant shall be admitted to bail on his furnishing a personal bond in the sum of Rs. 5 lacs with two sureties in the sum of Rs. 2 lacs each to the satisfaction of the trial Court. The appellant shall not leave the territorial jurisdiction of this Court without the leave of the trial Court and shall report to P.S. Special Cell (SB), Lodhi Colony, New Delhi on the first and 15th of every calendar month. 12. Before parting with the case we make it clear that whatever has been stated herein-above is a prima facie view of the matter for the limited purpose of deciding the bail application of the present appellant only. No one shall be en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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