Suhail Mehmood Shaikh vs The State Of Maharashtra on 21 July, 2025

July 22, 2025

Bombay High Court

Suhail Mehmood Shaikh vs The State Of Maharashtra on 21 July, 2025

Punishing the actual perpetrator of a crime is a concrete and
essential step toward curbing criminal activities, upholding the rule of
law, and ensuring the safety and security of citizens. But creating a false
appearance of having solved a case by presenting that the accused have
been brought to justice gives a misleading sense of resolution. This
deceptive closure undermines public trust and falsely reassures society,
while in reality, the true threat remains at large.

Essentially, this is what the case at hand conveys.

FACTUAL MATRIX

1. On 11th July 2006, seven bomb blasts had taken place in the first
class compartments of seven local trains, in Mumbai, between 18.23hrs
to 18.29hrs. In the said blasts, 187 people had died and around 824
people got injured. Thereupon, the seven crimes in different police
stations were registered, and later on, all were clubbed together and
investigated by the Anti Terrorism Squad (ATS). The ATS revealed that
the thirteen accused, who were tried along with fifteen wanted accused
and two deceased accused, are involved in the crime. Accordingly, the
chargesheet came to be filed and a trial was conducted vide MCOC
SPECIAL CASE NO. 21/2006 by the Special Court No. 1 of the
Special judge under Maharashtra Control of Organised Crime Act,
1999 (hereinafter referred to as ‘MCOCA’) and the National
Investigation Agency Act, 2008 (hereinafter referred to as ‘NIA Act‘),
at Mumbai. The accused, having committed the said crime, have been
convicted vide Judgment and Order dated 30/09/2015 as under: –

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
5

A.1 – Kamal Ansari

i. Sec. 302 r/w 120-B IPC – Sentenced to death and pay a fine of
Rs. 30000/- (in default to suffer simple imprisonment for 3
months)
ii. Sec. 307 r/w 120-B IPC – Sentenced imprisonment for life.
iii. Sec. 326 r/w 120-B IPC – sentenced to imprisonment for life
and fine of Rs. 20000/- (in default to suffer simple
imprisonment for 2 months)
iv. Sec. 120-B r/w 121-A and 122 IPC – Sentenced to
imprisonment for life on each count and fine of Rs. 20,000/-
(in default to suffer simple imprisonment for 2 months)
v. Sec. 120-B r/w 123 IPC – Sentenced to imprisonment for 10
years and fine of Rs. 15,000/- (in default to suffer simple
imprisonment for 1 and half months)
vi. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/-(in default
to suffer simple imprisonment for 1 month)
vii. Sec. 325 r/w 120-B IPC – Sentenced to imprisonment for 7
years and fine of 10,000/- (in default to suffer simple
imprisonment for 1 month)
viii. Sec. 324 r/w 120-B IPC – Sentenced to rigorous imprisonment
for 3 years and fine of Rs. 10,000 (in default to suffer rigorous
imprisonment for 1 month)
ix. Sec. 3(b) (Explosive Substances Act, 1908) – Sentenced to
death and fine of Rs. 30000/- (in default to suffer simple
imprisonment for 3 months)
x. Sec. 9-B(2) Explosives Act, 1884 – Sentenced to imprisonment
for 3 years
xi. Sec. 16 (UAPA, 1967) – Sentenced to death and fine of Rs.

30,000/- ( in default to suffer simple imprisonment for 3
months)
xii. Sec. 20 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
xiii. Sec. 3(1)(i) MCOCA,1999 – Sentenced to death and fine Rs.

1,00,000/- (in default to suffer simple imprisonment for 6
months)
xiv. Sec. 3(1)(ii) & 3(2) MCOCA,1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
6

xv. Sec. 3 (4) MCOCA,1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
xvi. Sec. 152 (Railways Act, 1989) – Sentenced to imprisonment
for life.

xvii. Sec. 151(1) and 153 (Railway Act, 1989) – Sentenced to
imprisonment for 5 years on each count.

xviii. Sec. 3 (2) (e) of Prevention of Damage to Public Property Act,
1984 – Sentenced to imprisonment for 5 years and fine of Rs.
10,000/- ( in default to suffer simple imprisonment for 1
month)
(Acquitted for the charges u/s 19 and 40 of UAPA, 1967)

A.2 – Tanveer Ansari

i. Sec. 120-B r/w 121-A and 122 IPC – Sentenced to
imprisonment for life on each count and fine of Rs. 20,000/-
(in default to suffer simple imprisonment for 2 months)
ii. Sec. 120-B r/w 123 IPC – Sentenced to imprisonment for 10
years and fine of Rs. 15,000/- (in default to suffer simple
imprisonment for 1 and half months)
iii. Sec. 120-B IPC r/w 16 (UAPA, 1967) – Sentenced to
imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
iv. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/- (in default
to suffer simple imprisonment for 1 month)
v. Sec. 20 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
vi. Sec. 10 (a) (i) (UAPA, 1967) – Sentenced to imprisonment for
2 years and fine Rs. 10,000/- (in default to suffer simple
imprisonment for 1 month)
vii. Sec. 120B of IPC r/w 3(1)(i) MCOCA,1999 – Sentenced to
imprisonment for life and fine Rs. 1,00,000/- (in default to
suffer simple imprisonment for 6 months)
viii. Sec. 3(1)(ii) & 3(2) of MCOCA,1999 – Sentenced on each
count to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
7

ix. Sec. 3 (4) MCOCA,1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
x. Sec. 9B(2) Explosives Act, 1884 – Sentenced to imprisonment
for 3 years
(Acquitted for charge under 124A of IPC)

A.3 – Mohd. Faisal Shaikh
[

i. Sec. 302 r/w 120-B IPC – Sentenced to death and pay a fine of
Rs. 30000/- (in default to suffer simple imprisonment for 3
months)
ii. Sec. 307 r/w 120-B IPC – Sentenced imprisonment for life.
iii. Sec. 326 r/w 120-B IPC – Sentenced to imprisonment for life
and fine of Rs. 20000/- ( in default to suffer simple
imprisonment for 2 months)
iv. Sec. 120-B r/w 121-A and 122 IPC – Sentenced to
imprisonment for life on each count and fine of Rs. 20,000/-
(in default to suffer simple imprisonment for 2 months)
v. Sec. 120-B r/w 123 IPC – Sentenced to imprisonment for 10
years and fine of Rs. 15,000/- (in default to suffer simple
imprisonment for 1 and half months)
vi. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/- (in default
to suffer simple imprisonment for 1 month)
vii. Sec. 201 IPC – Sentenced to imprisonment for 7 years and fine
of Rs. 10,000/-(in default to suffer imprisonment for one (1)
month)
viii. Sec. 325 r/w 120-B IPC – Sentenced to imprisonment for 7
years and fine of 10,000/- (in default to suffer simple
imprisonment for 1 month)
ix. Sec. 324 r/w 120-B IPC – Sentenced to rigorous imprisonment
for 3 years and fine of Rs. 10,000 (in default to suffer rigorous
imprisonment for 1 month)
x. Sec. 3(b) (Explosive Substances Act, 1908) – Sentenced to
death and fine of Rs. 30000/- (in default to suffer simple
imprisonment for 3 months)
xi. Sec. 6 r/w 4 (ii) Explosive Substances Act, 1908 – Sentenced
to imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
xii. Sec. 9-B(2) Explosives Act, 1884 – Sentenced to imprisonment
for 3 years

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
8

xiii. Sec. 16 (UAPA Act, 1967) – Sentenced to death and fine of Rs.

30,000/- ( in default to suffer simple imprisonment for 3
months)
xiv. Sec. 19 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- (in default to suffer simple
imprisonment for 2 months)
xv. Sec. 20 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
xvi. Sec. 10 (a) (i) (UAPA, 1967) – Sentenced to imprisonment for
2 years and fine Rs. 10,000/- (in default to suffer simple
imprisonment for 1 month)
xvii. Sec. 3(1)(i) MCOCA,1999 – Sentenced to death and fine Rs.

1,00,000/- (in default to suffer simple imprisonment for 6
months)
xviii. Sec. 3(1)(ii) & 3(2) MCOCA, 1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)
xix. Sec. 3(4) MCOCA, 1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
xx. Sec. 3(5) MCOCA, 1999 – Sentenced to imprisonment for life
and fine of Rs. 2,00,000/- (in default to suffer simple
imprisonment for 9 months)
xxi. Sec. 152 (Railways Act, 1989) – Sentenced to imprisonment
for life.

xxii. Sec. 151 (1) and 153 (Railway Act, 1989) – Sentenced to
imprisonment for 5 years on each count.

xxiii. Sec. 3 (2) (e) (Prevention of Damage to Public Property Act,
1984) – Sentenced to imprisonment for 5 years and fine of Rs.
10,000/- ( in default to suffer simple imprisonment for 1
month)

(Acquitted for charges under 124-A IPC, Sec. 40 UAPA, 1967
and Sec. 12 (1) (c ) of Passport Act, 1967)

A.4 – Ehtesham Siddique

i. Sec. 302 r/w 120-B IPC – Sentenced to death and pay a fine of
Rs. 30,000/- (in default to suffer simple imprisonment for 3
months)
ii. Sec. 307 r/w 120-B IPC – Sentenced imprisonment for life.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
9

iii. Sec. 326 r/w 120-B IPC – Sentenced to imprisonment for life
and fine of Rs. 20000/- ( in default to suffer simple
imprisonment for 2 months)
iv. Sec. 120-B r/w 121-A and 122 IPC – Sentenced to
imprisonment for life on each count and fine of Rs. 20,000/-
(in default to suffer simple imprisonment for 2 months)
v. Sec. 120-B r/w 123 IPC – Sentenced to imprisonment for 10
years and fine of Rs. 15,000/- (in default to suffer simple
imprisonment for 1 and half months)
vi. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/- (in default
to suffer simple imprisonment for 1 month)
vii. Sec. 325 r/w 120-B IPC – Sentenced to imprisonment for 7
years and fine of 10,000/- (in default to suffer simple
imprisonment for 1 month)
viii. Sec. 324 r/w 120-B IPC – Sentenced to rigorous imprisonment
for 3 years and fine of Rs. 10,000 (in default to suffer rigorous
imprisonment for 1 month)
ix. Sec. 3(b) (Explosive Substances Act, 1908) – Sentenced to
death and fine of Rs. 30000/- (in default to suffer simple
imprisonment for 3 months)
x. Sec. 16 (UAPA Act, 1967) – Sentenced to death and fine of Rs.

30,000/- ( in default to suffer simple imprisonment for 3
months)
xi. Sec. 20 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
xii. Sec. 10 (a) (i) (UAPA, 1967) – Sentenced to imprisonment for
2 years and fine Rs. 10,000/- (in default to suffer simple
imprisonment for 1 month)
xiii. Sec. 3(1)(i) MCOCA,1999 – Sentenced to death and fine Rs.

1,00,000/- (in default to suffer simple imprisonment for 6
months)
xiv. Sec. 3(1)(ii) & 3(2) MCOCA,1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)
xv. Sec. 3(4) MCOCA, 1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
xvi. Sec. 152 (Railways Act, 1989) – Sentenced to imprisonment
for life.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
10

xvii. Sec. 151 (1) and 153 (Railway Act, 1989) – Sentenced to
imprisonment for 5 years on each count.

xviii. Sec. 3 (2) (e) (Prevention of Damage to Public Property Act,
1984) – Sentenced to imprisonment for 5 years and fine of Rs.
10,000/- ( in default to suffer simple imprisonment for 1
month)
xix. Sec. 9-B(2) (Explosives Act, 1884) – Sentenced to
imprisonment for 3 years.

(Acquitted for charges under section 124-A IPC, Sec. 17 and
19 of UAPA, 1967)

A.5 – Mohd. Majid
[

i. Sec. 120-B r/w 121-A and 122 IPC – Sentenced to
imprisonment for life on each count and fine of Rs. 20,000/-
(in default to suffer simple imprisonment for 2 months)
ii. Sec. 120-B r/w 123 IPC – Sentenced to imprisonment for 10
years and fine of Rs. 15,000/- (in default to suffer simple
imprisonment for 1 and half months)
iii. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/- (in default
to suffer simple imprisonment for 1 month)
iv. Sec. 120-B IPC r/w 16 (UAPA, 1967) – Sentenced to
imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
v. Sec. 20 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
vi. Sec. 120B of IPC r/w 3(1)(i) MCOCA,1999 – Sentenced to
imprisonment for life and fine Rs. 1,00,000/- (in default to
suffer simple imprisonment for 6 months)
vii. Sec. 3(1)(ii) & 3(2) MCOCA,1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)
viii. Sec. 3 (4) MCOCA,1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)

(Acquitted for charges under section 19 of UAPA , 1967)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
11

A.6 – Shaikh Mohd. Ali Alam Shaikh
i. Sec. 120-B r/w 121-A and 122 IPC – Sentenced to
imprisonment for life on each count and fine of Rs. 20,000/-
(in default to suffer simple imprisonment for 2 months)
ii. Sec. 120-B r/w 123 IPC – Sentenced to imprisonment for 10
years and fine of Rs. 15,000/- (in default to suffer simple
imprisonment for 1 and half months)
iii. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/- (in default
to suffer simple imprisonment for 1 month)
iv. Sec. 120-B IPC r/w 16 (UAPA, 1967) – Sentenced to
imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
v. Sec. 20 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
vi. Sec. 10 (a) (i) (UAPA, 1967) – Sentenced to imprisonment for
2 years and fine Rs. 10,000/- (in default to suffer simple
imprisonment for 1 month)
vii. Sec. 120B of IPC r/w 3(1)(i) MCOCA,1999 – Sentenced to
imprisonment for life and fine Rs. 1,00,000/- (in default to
suffer simple imprisonment for 6 months)
viii. Sec. 3(1)(ii) & 3(2) MCOCA,1999- Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)
ix. Sec. 3 (4) MCOCA,1999- Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
x. Sec. 6 r/w 4 (ii) Explosive Substances Act, 1908 – Sentenced
to imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
xi. Sec. 9-B(2) Explosives Act, 1884 – Sentenced to imprisonment
for 3 years
(Acquitted for charges under section 124-A IPC, Sec. 40
UAPA, 1967 and 12 (1) (c ) of Passport Act, 1967.


 A.7 - Sajid Ansari

    i.     Sec. 120-B r/w 121-A and 122 IPC - Sentenced to

imprisonment for life on each count and fine of Rs. 20,000/-
(in default to suffer simple imprisonment for 2 months)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
12

ii. Sec. 120-B r/w 123 IPC – Sentenced to imprisonment for 10
years and fine of Rs. 15,000/- (in default to suffer simple
imprisonment for 1 and half months)
iii. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/- (in default
to suffer simple imprisonment for 1 month)
iv. Sec. 120-B IPC r/w 16 (UAPA, 1967) – Sentenced to
imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
v. Sec. 201 IPC – Sentenced to imprisonment for 7 years and fine
of Rs. 10,000/-(in default to suffer imprisonment for one (1)
month)
vi. Sec. 20 (UAPA, 1967)- Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
vii. Sec. 10 (a) (i) (UAPA, 1967) – Sentenced to imprisonment for
2 years and fine Rs. 10,000/- (in default to suffer simple
imprisonment for 1 month)
viii. Sec. 120B of IPC r/w 3(1)(i) MCOCA,1999 – Sentenced to
imprisonment for life and fine Rs. 1,00,000/- (in default to
suffer simple imprisonment for 6 months)
ix. Sec. 3(1)(ii) & 3(2) MCOCA,1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)
x. Sec. 3 (4) MCOCA,1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
xi. Sec. 6 r/w 4(ii) Explosive Substances Act, 1908 – Sentenced
to imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
(Acquitted for charges under section 124-A IPC, Sec. 40 and
19 of UAPA, 1967)

A.9 – Muzzammil Shaikh

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
13

iii. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/- (in default
to suffer simple imprisonment for 1 month)
iv. Sec. 120-B IPC r/w 16 (UAPA, 1967) – Sentenced to
imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
v. Sec. 20 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
vi. Sec. 10 (a) (i) (UAPA, 1967)- Sentenced to imprisonment for
2 years and fine Rs. 10,000/- (in default to suffer simple
imprisonment for 1 month)
vii. Sec. 120B of IPC r/w 3(1)(i) MCOCA, 1999 – Sentenced to
imprisonment for life and fine Rs. 1,00,000/- (in default to
suffer simple imprisonment for 6 months)
viii. Sec. 3(1)(ii) & 3(2) MCOCA,1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)
ix. Sec. 3(4) MCOCA, 1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
(Acquitted for charges under section 124-A IPC)

A.10 – Suhail Shaikh

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
14

vi. Sec. 10 (a) (i) (UAPA, 1967)- Sentenced to imprisonment for
2 years and fine Rs. 10,000/- (in default to suffer simple
imprisonment for 1 month)
vii. Sec. 120B of IPC r/w 3(1)(i) MCOCA, 1999 – Sentenced to
imprisonment for life and fine Rs. 1,00,000/- (in default to
suffer simple imprisonment for 6 months)
viii. Sec. 3(1)(ii) & 3(2) MCOCA,1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)
ix. Sec. 3 (4) MCOCA, 1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
(Acquitted for charges under section 124-A IPC)

A.11 – Zameer Shaikh

i. Sec. 120-B r/w 121-A and 122 IPC – Sentenced to
imprisonment for life on each count and fine of Rs. 20,000/-
(in default to suffer simple imprisonment for 2 months)
ii. Sec. 120-B r/w 123 IPC – Sentenced to imprisonment for 10
years and fine of Rs. 15,000/- (in default to suffer simple
imprisonment for 1 and half months)
iii. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/- (in default
to suffer simple imprisonment for 1 month)
iv. Sec. 120-B IPC r/w 16 (UAPA, 1967) – Sentenced to
imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
v. Sec. 20 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
vi. Sec. 10 (a) (i) (UAPA, 1967)- Sentenced to imprisonment for
2 years and fine Rs. 10,000/- (in default to suffer simple
imprisonment for 1 month)
vii. Sec. 120B of IPC r/w 3(1)(i) MCOCA, 1999 – Sentenced to
imprisonment for life and fine Rs. 1,00,000/- (in default to
suffer simple imprisonment for 6 months)
viii. Sec. 3(1)(ii) & 3(2) MCOCA, 1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
15

ix. Sec. 3 (4) MCOCA,1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)

(Acquitted for charges under section 124-A IPC)

A.12 – Naveed Khan

i. Sec. 302 r/w 120-B IPC – Sentenced to death and pay a fine of
Rs. 30000/- (in default to suffer simple imprisonment for 3
months)
ii. Sec. 307 r/w 120-B IPC – Sentenced imprisonment for life.
iii. Sec. 326 r/w 120-B IPC – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
iv. Sec. 120-B r/w 121-A and 122 IPC – Sentenced to
imprisonment for life on each count and fine of Rs. 20,000/-
(in default to suffer simple imprisonment for 2 months)
v. Sec. 120-B r/w 123 IPC – Sentenced to imprisonment for 10
years and fine of Rs. 15,000/- (in default to suffer simple
imprisonment for 1 and half months)
vi. Sec. 120-B of IPC r/w 13(1) UAPA, 1967 – Sentenced to
imprisonment for 7 Years and fine of Rs. 10,000/- (in default
to suffer simple imprisonment for 1 month)
vii. Sec. 325 r/w 120-B IPC – Senteneced to imprisonment for 7
years and fine of 10,000/- (in default to suffer simple
imprisonment for 1 month)
viii. Sec. 324 r/w 120-B IPC – Sentenced to rigorous imprisonment
for 3 years and fine of Rs. 10,000 (in default to suffer rigorous
imprisonment for 1 month)
ix. Sec. 3(b) (Explosive Substances Act, 1908) – Sentenced to
death and fine of Rs. 30000/- (in default to suffer simple
imprisonment for 3 months)
x. Sec. 9-B(2) Explosives Act, 1884 – Sentenced to imprisonment
for 3 years
xi. Sec. 16 (UAPA Act, 1967) – Sentenced to death and fine of Rs.

30,000/- ( in default to suffer simple imprisonment for 3
months)
xii. Sec. 20 (UAPA, 1967)- Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
16

xiii. Sec. 3(1)(i) MCOCA,1999 – Sentenced to death and fine Rs.

1,00,000/- (in default to suffer simple imprisonment for 6
months)
xiv. Sec. 3(1)(ii) & 3(2) MCOCA, 1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)
xv. Sec. 3(4) MCOCA,1999- Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
xvi. Sec. 152 (Railways Act, 1989) – Sentenced to imprisonment
for life.

xvii. Sec. 151 (1) and 153 (Railway Act, 1989) – Sentenced to
imprisonment for 5 years on each count.

xviii. Sec. 3 (2) (e) (Prevention of Damage to Public Property Act,
1984) – Sentenced to imprisonment for 5 years and fine of Rs.
10,000/- ( in default to suffer simple imprisonment for 1
month)

A.13 – Asif Khan

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
17

ix. Sec. 324 r/w 120-B IPC – Sentenced to rigorous imprisonment
for 3 years and fine of Rs. 10,000 (in default to suffer rigorous
imprisonment for 1 month)
x. Sec. 3(b) (Explosive Substances Act, 1908) – Sentenced to
death and fine of Rs. 30000/- (in default to suffer simple
imprisonment for 3 months)
xi. Sec. 6 r/w 4 (ii) Explosive Substances Act, 1908 – Sentenced
to imprisonment for life and fine of Rs. 20,000/- (in default to
suffer imprisonment for 2 months)
xii. Sec. 9-B(2) Explosives Act, 1884 – Sentenced to imprisonment
for 3 years
xiii. Sec. 16 (UAPA Act, 1967) – Sentenced to death and fine of Rs.

30,000/- ( in default to suffer simple imprisonment for 3
months)
xiv. Sec. 20 (UAPA, 1967) – Sentenced to imprisonment for life
and fine of Rs. 20,000/- ( in default to suffer simple
imprisonment for 2 months)
xv. Sec. 10 (a) (i) (UAPA, 1967) – Sentenced to imprisonment for
2 years and fine Rs. 10,000/- (in default to suffer simple
imprisonment for 1 month)
xvi. Sec. 3(1)(i) MCOCA,1999 – Sentenced to death and fine Rs.

1,00,000/- (in default to suffer simple imprisonment for 6
months)
xvii. Sec. 3(1)(ii) & 3(2) MCOCA, 1999 – Sentenced on each count
to suffer imprisonment for life and to pay a fine of Rs.
50,000/- (in default to suffer simple imprisonment for one
year)
xviii. Sec. 3 (4) MCOCA,1999 – Sentenced to imprisonment for life
and fine of Rs. 5,00,000/- (in default to suffer simple
imprisonment for 1 year)
xix. Sec. 152 (Railways Act, 1989) – Sentenced to imprisonment
for life.

xx. Sec. 151 (1) and 153 (Railway Act, 1989) – Sentenced to
imprisonment for 5 years on each count.

xxi. Sec. 3 (2) (e) (Prevention of Damage to Public Property Act,
1984) – Sentenced to imprisonment for 5 years and fine of Rs.
10,000/- (in default to suffer simple imprisonment for 1
month)

(Acquitted for charges under section 124-A IPC and 19 of
UAPA, 1967)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
18

2. It may be noted that in this case there are fifteen wanted
accused.

3. During the pendency of the confirmation case, the accused no. 1
died.

4. The Special Court has granted acquittal to A.8 – Abdul Wahid
Din Mohammad Shaikh.

5. It is, thus, it is evident that along with accused no. 1, A.3, 4, 12,
and 13 were sentenced to death for the offences punishable u/s 302 r/w
120-B of IPC, Section 3b of Explosive Substances Act, 1908, section 16
of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as
“UAPA”) and under section 3(1)(i) MCOC Act, 1999.

6. Hence, the learned Special Court referred the proceeding,
Confirmation Case No. 2 of 2015, in terms of Section 366(1) of Cr.PC.

APPEALS

7. Except accused no. 1, who died during the pendency of this
case, all other accused persons have filed respective criminal appeals.

8. The State has not filed appeal against the acquittal of A.8 Abdul
Wahid

9. Hence, with the confirmation case no. 02/2015, there are
following appeals which are taken for hearing and to decide the same.
The chart given hereunder is in respect of the respective appeals filed
by the A.2 to 7 and 9 to 13:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
19

CHART NO. 1

Sr. No. Accused Name of the Accused Cri. Appeal No.
No.

1. 2 Tanveer Ahmed Mohd. Ibrahim Ansari 1104 of 2023

2. 3 Mohd. Faisal Ataur Rahman Shaikh 554 of 2021

3. 4 Ehtesham Qutubuddin Siddique 557 of 2021

4. 5 Mohd. Majid Mohd Shafi 72 of 2019

5. 6 Shaikh Mohd. Ali Alim Shaikh 333 of 2022

6. 7 Mohammad Sajid Margub Ansari 71 of 2019

7. 9 Muzzammil Ataur Rahman Shaikh 1075 of 2023

8. 10 Suhail Mehmood Shaikh 555 of 2021

9. 11 Zameer Ahmed Latifur Rehman Shaikh 655 of 2022

10. 12 Naveed Hussain Khan Rasheed Hussain 553 of 2021

11. 13 Asif Khan Bashir Khan @ Juned @ 556 of 2021
Abdulla

10. This Court, vide order dated 16/07/2024, allowed the accused
to remain present during the hearing through video conferencing in
view of the judgments in the cases of Kalyan Chandra Sarkar ..vs..
Rajesh Ranjan Alias Pappu Yadav & Another, reported in (2005) 3
SCC 284 and State of Maharashtra ..vs.. Dr. Praful B. Desai , reported in
(2003) 4 SCC 601.

11. Total thirteen accused along with 15 wanted accused and two
deceased accused, i.e., (1)Salim, Pakistani National and (2)Abu Osama
@ Abu Umed @ Mohd. Ali @ Mohammad Chinag, Pakistani National
were chargesheeted for having caused the bomb explosions and thereby
having committed the murders of 187 persons, for having attempted to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
20

cause the death of some persons, for having voluntarily caused hurt,
grievous hurt, mischief, mischief by fire or explosive substance, for
having conspired to commit these offences, for having conspired to
wage war or attempt to wage war or abet waging war against the
Government of India, for having collected men, arms or ammunition
or otherwise made preparations with the intention of waging war
against the Government of India, for having concealed the existence of
a design to wage war against the Government of India, for having
committed an act of sedition, and for having caused disappearance of
evidence of offence, which are the offences punishable under sections
302, 307, 324, 325, 326, 427, 436, 120-B, 121-A, 122, 123, 124-A,
201 and 212 of the Indian Penal Code, 1860 (the IPC).

12. They are also chargesheeted for having committed the above
offences as an organised crime of promoting insurgency, for having
conspired, advocated, abetted and knowingly facilitated the
commission of the organised crime, for having harbored or concealed
any member of the organised crime syndicate, for being members of an
organised crime syndicate and for holding property derived or obtained
from the commission of an organised crime or which has been acquired
through the organised crime syndicate’s funds, alongwith the fifteen
wanted accused and two deceased accused, which are the offences
punishable under sections 3(1)(i), 3(2), 3(3), 3(4) and 3(5) of the
Maharashtra Control of Organised Crime Act, 1999 (the MCOC Act).

13. They are also chargesheeted for being members of an association
declared as an unlawful association under section 3 of the Unlawful
Activities (Prevention) Act, 1967 (the UA(P)A), for committing
unlawful activities, for committing terrorist act, for raising funds for
terrorist act, for conspiring to commit the terrorist act, for harbouring

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
21

terrorists, for being members of a terrorist gang or terrorist organisation
and for raising funds for terrorist organisation, alongwith the fifteen
wanted accused and two deceased accused, which are the offences
punishable under sections 10, 13, 16, 17, 18, 19, 20 and 40 of the said
Act.

14. They are also chargesheeted for having possessed, transported
and used explosives, alongwith the fifteen wanted accused and two
deceased accused, and thereby having contravened the notification
issued by the Central Government under section 6 of the Explosives
Act, 1884 and having committed an offence punishable under section
9B of the said Act.

15. They are also chargesheeted for having conspired to cause
explosions of a nature likely to endanger life or to cause serious injury
to property by means of explosive substance, for being in possession of
explosive substance for unlawful object and for having procured,
counseled, aided, abetted or become accessory to the commission of
offences under the Explosive Substances Act, alongwith the fifteen
wanted accused and two deceased accused, which are the offences
punishable under sections 3, 4, 5 and 6 of the Explosive Substances
Act, 1908. They are also chargesheeted for having committed mischief
and causing damage to the public property of the Western Railways,
alongwith the fifteen wanted accused and two deceased accused, which
are the offences punishable under sections 3, 4 of the Prevention of
Damage to Public Property Act, 1984.

16. They are also chargesheeted for having intended to cause
damage and destruction of the public property and having caused
death, having endangered the safety of persons travelling in local trains,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
22

alongwith the fifteen wanted accused and two deceased accused, which
are the offences punishable under sections 151 to 154 of the Railways
Act, 1989.

17. Two accused are chargesheeted for having failed to produce
their passports and travel documents and thereby having committed
the offences punishable under section 12(1) (c) of the Passports Act,
1967.

The case of the prosecution is as follows: –

18. Mumbai is known as the financial capital of India due to its role
as the hub of commerce, banking, and industry. It is home to the
Bombay Stock Exchange (BSE), Reserve Bank of India (RBI), major
national and international banks, financial institutions, and corporate
headquarters. The city generates a significant portion of India’s GDP
and attracts a large workforce from across the country. The Mumbai
local trains are rightly called the lifeline of the city. They transport
millions of passengers daily, connecting distant suburbs with the city
center. Operating across three major lines – Western, Central, and
Harbour – the local train network is vital for the daily commute of
millions of Mumbaikars, supporting the city’s fast-paced economic and
social life.

19. As noted by the learned Trial Court in the impugned judgment,
millions of commuters travel each day southwards in the morning and
northwards in the evening in the western railway suburban trains
between Churchgate and Virar during peak hours. These commuters
comprise of executives, businessmen, students and persons in the
employment at various levels in the Government as well as private

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
23

establishments. Hence, the suburban trains are aptly called as essential
services and the lifeline of the Mumbai metropolis. It is alleged that this
lifeline came to a grinding halt on the evening of 11th July, 2006 when
seven high intensity, highly sophisticated explosive devices ripped
through the first-class gent’s compartment of seven suburban trains that
were headed towards the distant western/northern suburbs. The blasts
at Mahim and Borivali took place when the trains were near the
stations, while the remaining five blasts took place in moving trains and
away from platforms. The explosions were so powerful that they ripped
through the double layered steel roofs and sides of each of the seven
compartments, throwing bodies of the injured and dead passengers out
of the compartments, and, at Mahim and Borivali Railway Stations,
apart from the passengers in the compartments, the explosions even
killed and injured passengers waiting on the platform and those
travelling from the trains proceeding to the opposite direction. The roof
of the platform no.3 of Mahim station was blown off by the explosion.
Some passengers from the Borivali bound train that witnessed an
explosion near Mahim station, jumped out of the train and got killed
under a local train proceeding in the opposite direction. The
prosecution states that from the record, three blasts simultaneously took
place at 1823 hours near Mahim, Bandra and Mira Road stations, while
the last took place at 1828 hours near Borivali station. This suggests
that timer devices were used to cause the blasts simultaneously and at
specific places and were aimed at large scale devastation of life and
property and widespread panic and chaos with an intention to cripple
the economy. The public transport was extensively damaged and
disrupted with a view to overawe the government. The entire western
railway, suburban as well as main line, came to a grinding halt. The
commuters poured on the western express highway, thereby disrupting

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
24

the north as well as south bound vehicular traffic and causing
hindrance to the rescue operations. It was reported that 187 persons
lost their lives in the explosions and 817 had sustained injuries of
various gravity and railway property worth Rs. 85,61,039/- was
reportedly damaged till the time of filing of the chargesheet. One of the
unclaimed dead was identified as a Pakistani national involved in the
planting of an explosive laden bag in one of the trains.

20. The individual crimes of bomb blasts were initially registered
separately at the respective railway police stations as per the table
below: –

CHART NO. 2

(Reproduced From The Trial Court Judgment)
Sr. Police Station Time of Place of Train No. Affected Persons
No. C.R. No. Blast (FIR) Offence Coach Killed Injured
(Blast)
1 Mumbai Central 1824 hrs. Matunga 645 DN 864 A 28 127
Railway 77/06 Virar Fast
2 Mumbai Central 1823 hrs. Mahim 641 DN 0528 A 43 096
Railway 78/06 Borivali
Fast
3 Bandra Railway 1823 hrs. Bandra 637 DN 8003 A 22 107
86/06 Borivali
4 Bandra Railway 1825 hrs. Khar 635 DN 849 A 09 102
87/06 Subway Borivali
Slow
5 Andheri Railway 1824 hrs. Jogeshwari 619 DN 0634A 28 115
41/06 Borivali
Slow
6 Borivali 1828 hrs. Borivali 621 DN 935A 26 153
Railway156/06 Virar Fast
7 Vasai Road 1823 hrs. Mira Road 607 DN 846A 31 122
Railway 59/06 Virar Fast

21. Initially, the investigation was being handled by different
investigating officers from seven different police stations where the
crimes were registered. Later, Considering the sensitivity of the matter,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
25

the DGP Maharashtra State, deemed it fit to transfer the investigation
of all the cases to the ATS, Maharashtra on 12th July, 2006 itself. As the
investigation was already in progress by the respective railway police,
they were directed to make compilation of the statements and
documents and handover the charge of all the papers to ATS, and the
ATS effectively got all papers of investigation on 20th July, 2006.
Thereafter, different police officers were entrusted with the
investigation of seven different crimes except PW-176 PI Rathod, who
continued with the investigation of Cr. No. 77 of 2006. Although, all
the 7 cases were transferred to ATS, the investigation in respect of each
case was independently conducted by each of the aforementioned
investigating officer and till 12th of August 2006, following accused
were arrested, namely Dr. Tanveer (A-2) on 23rd July, 2006, Zameer
Ahmed Latifur Rehman (A-11) on 25th July, 2006, Suhail Mohammad
Sheikh (A-10) on 25th July, 2006, Faisal Ataur Rehman Sheikh (A-3)
on 27th July, 2006, Muzzamil Ataur Rehman Sheikh (A-9) on 27th
July, 2006 and Ehtesham Qutubuddin Siddique (A-4) on 12th August,
2006.

22. During the course of their investigation, it occurred to PW-174
PI Khandekar, who was analyzing the evidence collected and
proceeding with investigating CR. No. 156 of 2006, that the then
arrested accused (A2 and A4) and one wanted accused have been
associated with the banned organization SIMI and that the present
bomb blast appears to be a work of a banned organization, namely
SIMI, with the intention to promote insurgency and commit terrorist
acts. Therefore, he gathered material in respect of wanted accused Asif
Khan Bashir Khan (A-13), when it transpired that there are already 2
charge sheets for the offences under 153A (1) and Explosives Act in

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
26

Jalgaon (Maharashtra) and hence he came to the conclusion that the
cases of Railway Bomb Blast in Mumbai were the handy work of the
banned organization, SIMI. It was in these circumstances that the
provisions of the UAPA came to be invoked to the said case on 17th
September 2006 and also the investigating officer brought it to the
notice of chief-investigating officer that the case was a fit one for also
invoking the provisions of MCOCA and a proposal to that effect was
submitted to the Competent Authority through the DCP. The said
proposal was submitted on 18th September 2006. Further, on 24th
September 2006, on receiving the prior approval from the officer of the
rank of DIG, the provisions of MCOCA were invoked to CR No.
156/2006 of Borivali Railway Police Station, which was being
investigated by PI Khandekar (PW-174) and after the invocation of
MCOCA the investigation was transferred to the officer of the Rank of
ACP i.e. PW 186 i.e. ACP Sadashiv Patil. During the course of further
investigation of the said crime, further arrests were made as under;
29/09/06 Mohammed Majid Mohammed Shafi (A-5), 29/09/06
Shaikh Mohammed Alam Shaikh (A-6), 29/09/06 Mohammed Sajid
Margub Ansari (A-7), 29/09/06 Abdul Wahiuddin Mohammed Shaikh
(A-8), 30/09/06 Naveed Hussain Khan (A-12), 03/10/06 Asif Khan
Bashir Khan (A-13).

23. It was, thus, revealed that causing seven powerful serial bomb
blasts almost within a span of 6 minutes, resulting in the death of
several people and causing grievous injuries to several people, was
nothing more than a single larger conspiracy of the members of the
Organized Crime Syndicate, and thus all seven cases were clubbed
together on 13/10/2006, by registering ATS police station Cr. No.
5/2006, to which all the sections mentioned below were applied, viz.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
27

302, 307, 326, 325, 324, 427, 436, 120(B), 121,. 122, 123, 124A, 201,
212 of IPC r/w 3(1)(i), 3(2), 3(3), 3(4), 3(5) of MCOCA r/w section
10, 13, 16, 17, 18, 19, 20, 40 of UAPA, r/w 6 and 9B of the Explosives
Act r/w 3, 4, 5, 6 of Explosive Substances Act 1908 r/w 3, 4 of
Prevention of Damage to Public Property Act 1984 r/w 151, P152, 153
and 154 of the Indian Railways Act r/w 12(1)(c) of Passport Act.

24. On completion of the investigation, the investigating officer
ACP Patil, PW 186, sent a proposal for obtaining sanction u/s 23(2)
MCOCA, which was granted by the CP Mumbai (PW185), on
25/11/06, and finally the chargesheet came to be filed before the
MCOCA Special Court on 30th November 2006, which was registered
as MCOCA 21/2006. Thereafter, chargesheet was filed against 13
arrested accused persons and 15 wanted accused, most of which were
Pakistani. It is the case of the prosecution that 2 of the Pakistani
Nationals viz. Salim and Mohammed Ali @ Abu Umed @ Abu Osama
died. One died in the explosion itself and other one was encountered at
Antop Hill.

INVOLVEMENT OF ACCUSED INCLUDING WANTED
ACCUSED (Reproduced from the Trial Court Judgment)

25. It is alleged by the prosecution that it transpired during the
course of investigation that wanted accused Azam Cheema @ Babaji, a
Pakistani national, the arrested accused A3, A13 and others, conspired
sometime in the year 1999 and thereafter, both within and outside
India, to do and cause to be done illegal acts, i.e., to wage war against
the Government of India, to collect men and explosives with the
intention of waging war against the Government of India, to overawe

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
28

by means of criminal force the Government of Maharashtra and
Government of India, to terrorise the people in general and railway
commuters in particular by indulging in wanton killings and
destruction of property through bomb explosions in local trains,
thereby disrupting public transport system in Mumbai, the economic
capital of India, to create instability in the State of Maharashtra and in
India by the aforesaid subversive activity, to shake and reduce the faith
of the common citizen in its elected democratic government by large
scale violence, destruction of lives and property and thereby destabilize
the system of Government established by law, to organize the spread of
secessionist and rebellious thoughts through covert and secret meetings
with like minded Muslim youths, to exploit the communal sentiments
of Muslims and to provoke them in the name of religion in order to
resort to terrorist acts, to collect money from across the border and by
sale of provocative SIMI literature in India for achieving the objective
of the criminal conspiracy, to organize training camps in Pakistan in
order to impart training to Indian Muslim youths in the handling and
use of arms and explosives for causing the explosions, to establish
training camps in India too and organise training in the handling of
arms and explosives to like minded Indian Muslim youths locally, to
facilitate infiltration of Pakistani militants from across the Indian
border along with explosives for causing the explosions, to store and
conceal such explosives at such safe places alongwith the Pakistani
wanted accused for achieving the objective of criminal conspiracy, to do
and commit any other illegal acts as were necessary for achieving the
aforesaid objective of criminal conspiracy, to continue unlawful
activities of banned organisations, i.e., SIMI and L-e-T, with an
intention to promote enmity between different groups on grounds of
religion prejudicial to the maintenance of harmony, incite individuals

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:20 :::
29

or group of individuals to cause disaffection against India or the
Government of India or encourage or aid persons to undertake any
unlawful activity like bomb explosions or of which the members
undertake such activities and to continue activities of organised crime
syndicate, singly or jointly, either as a member of an organised crime
syndicate or on behalf of such syndicate, conspire, advocate, abet or
knowingly facilitate the commission of an organised crime by use of
violence or other unlawful means and promote insurgency by causing
explosions in local trains in order to cause large scale loss to life and
railway property.

26. It is alleged that in pursuance of the aforesaid conspiracy, during
one such meeting held in the month of May, 2006 in the house of the
A3 at Bandra (W), the plan to cause explosions in western railway local
trains was finalised and the co-conspirators were assigned specific
responsibilities. As a part of the conspiracy, wanted accused Azam
Cheema took the responsibility of sending RDX and Pakistan based
terrorists, including those who would be experts in assembling the
explosive devices. As a part of the conspiracy, the A5 of Kolkata and the
Al from Bihar were entrusted the responsibility of bringing Pakistani
terrorists into India through Indo-Bangladesh and Indo-Nepal borders
respectively. It was also decided to assemble explosive devices in the
house of A6 in Govandi, Shivajinagar, Mumbai. Co-conspirator A13
was entrusted with the responsibility of procuring rexene bags, utensils,
ammonium nitrate/nitrite, detonators, etc., and make arrangements to
send them to the house of the A6 at Govandi, Shivajinagar, Mumbai.
The A7 was entrusted with the responsibility of procuring timer
electric circuitry and other relevant devices and keep it ready for the ‘D’
day.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
30

27. It is alleged that in pursuance of the aforesaid conspiracy and in
order to achieve the object of conspiracy, in the month of May, 2006,
the A5, an Indian national and residing in Kolkata, made arrangements
and ensured the infiltration of wanted accused and Pakistani nationals,
viz., Sabir, Abu Bakr, Kasam Ali, Ammu Jaan, Ehsanullah and Abu
Hasan into India through Bangladesh border. These accused persons
traveled from Kolkata to Mumbai by train. Similarly, in the month of
May, 2006, wanted accused, viz., Salim, Sohail Shaikh, Abdul Razak
and Abu Umed illegally crossed over from Pakistan into India from
Kutch border in Gujarat. Accused persons, viz., Salim and Abu Umed
(both dead) are Pakistani nationals, while Abdul Razzak is a resident of
Hyderabad, Andhra Pradesh and Sohail Shaikh is a resident of Pune,
but now both are learnt to be settled in Pakistan. As a part of the same
conspiracy, the Al made arrangements for and illegally escorted wanted
accused Pakistani nationals, viz., Aslam and Hafizullah into India
through Nepal border.

28. It is alleged that in pursuance of the aforesaid conspiracy and in
order to achieve the object of conspiracy, wanted accused, Pakistani
national Ehsanullah brought RDX with him, which was used for
causing explosions in Mumbai on 11/07/06.

29. It is alleged that in pursuance of the aforesaid conspiracy, the
above mentioned wanted accused illegally crossed over into India and
came to Mumbai. The accused who crossed over from Bangladesh
border were received by the A13 and were harbored in Flat no.304,
Amrapali Apartments, Naya Nagar, Mira Road, Thane. Similarly,
wanted accused, who crossed over into India from Kutch border, were
provided safe house and harbored in flat no.24, Lucky Villa building,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
31

Kant Wadi, Perry Cross Road, Bandra (W), Mumbai 400 050
belonging to the A3. The two wanted accused and Pakistani nationals,
who illegally infiltrated into India through Nepal border and brought
to Mumbai by the Al, were housed and harbored in Flat No.101, Saba
Parveen Apartment, Pooja Nagar Road, Naya Nagar, Mira Road,
Thane, belonging to the A7. It has also come on record that as a part of
the same conspiracy, after the bomb blasts on 11/07/06, the A4
provided shelter and harbored wanted accused Pakistani nationals and
co-conspirators by name Ammu Jaan, Sabir, Abu Bakr, Kasam Ali,
Ehsanullah and Abu Hasan brought by the A5, at 202, B Wing, 2nd
Floor, Moonlight Apartment, Opp. Kalsekar College, Kausa, Mumbra,
Thane, rented by the A8.

30. It is alleged that, in pursuance of the aforesaid conspiracy,
during the said period, A3, A2, A10, A11, A9 and A4 traveled in
western railway local trains between Mumbai and Virar in order to
make a reconnaissance of the target. The conspirators decided to cause
bomb blasts in the evening of a working day so as to cause maximum
damage to the lives and to the property and also to strike against a
symbolic institution of governmental authority. The same was
approved by the blast master-mind wanted accused Azam Chima, top
commander of L-e-T, based in Bahawalpur, Pakistan. The act of causing
bomb explosions was aimed at disturbing public peace and subverting
the authority of government established by law under the
constitutional framework of India. The above modus confirms to the
professed ideology and agenda of L-e-T. The L-e-T has repeatedly
claimed through its web sites that its main aim is to destroy the Indian
Republic and annihilate Hinduism.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
32

31. It is alleged that in pursuance of the said conspiracy, sometime
in the month of April, 2006, A4, A2, A3 and A12 went to the house of
the A6 and surveyed the surroundings.

32. It is alleged that in pursuance of the said conspiracy and in order
to achieve objectives of the conspiracy, between 08/07/06 upto
10/07/06, accused persons, viz., A7, Sohail Shaikh, Pakistani national
and one more unknown Pakistani national assembled seven explosive
devices in the house of A.6, at Plot No.33, T. Line, Room No.2,
Shivajinagar, Govandi, Mumbai 43, to plant the explosives in local
trains. They were assisted, aided and abetted by various means by co-
conspirators, viz., A6, A2, A4, A12, A13 and A3.

33. It is alleged that in pursuance of the conspiracy referred to
above, wanted accused Azam Chima, a Pakistani national, and an office
bearer of banned terrorist outfit L-e-T, organised training camp in
Pakistan for training of Indian Muslim youths in the handling and use
of arms and explosives. For the said purpose, he sent money to India
through various persons and means for funding travel of Indian
Muslim youths, desirous of undergoing the said training, to Pakistan.
During the course of and after the said training, Azam Cheema incited
the trained youths to avenge the alleged atrocities committed on
Muslims in India, by causing wide spread insurgent and terrorist
activities by exploding / bombing financial nerve centers and causing
mass damage to life and property thereby crippling the economy of the
nation.

34. It is alleged that between 1999 and 17/07/06 wanted accused
Azam Chima, through wanted accused Mohammed Rizwan Dawrey

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
33

and Rahil Ataur Rehman Shaikh, sent money through various means to
India to the A3 for publishing jihadi literature, promoting anti-India
sentiments and bearing the expenditure for the travel of those Indian
Muslim youths who were to be sent for training to Pakistan and escape
of those who participated in the bombing operations with an intention
to achieve the objectives of the larger conspiracy referred to above.
After the A3 returned from Pakistan, after receiving training in March,
2002, he received Rs.1,80,000/-through hawala transaction from
wanted accused Azam Chima. In November, 2003, Mohammed
Rizwan Dawrey sent Rs.50,000/- to the A9. In February, 2004, wanted
accused Mohammed Rizwan Dawrey and the A3 sent Rs.1,00,000/-
through hawala. There is evidence on record that this amount was
received by one Smt. Khalida Iqbal Shaikh and handed over to the A9.
In the same year and after about 3 to 4 months, wanted accused
Rizwan Mohammed Dawrey sent Saudi Riyals 14000 to the A3. In
April, 2004, Rizwan Mohammed Dawrey and the A3 sent Saudi Riyals
40000 through hawala to Smt. Khalida Iqbal Shaikh, which was in turn
collected by the A9. In the same month, A3 sent Rs.10,000/- to Smt.
Khalida Iqbal Shaikh, which was collected by the A9. Sometime in July
or August 2004, wanted accused Rizwan Mohammed Dawrey and the
A3 sent Rs.20,000/-to Smt. Khalida Iqbal Shaikh for the A9. On
02/07/06 Mohammed Rizwan Dawrey again sent Saudi Riyals 15000
through one Hidaytulla Mehboob Sundke, PW-64, for the A3. Even
after the explosions, Mohammed Rizwan Dawrey sent Saudi Riyals
11200 on 14/07/06 through one Afzal of Pune for handing over to
Abdul Rehman Dawrey for onward handing over to the A3. Saudi
Riyals 15000 mentioned above, were seized during the house search of
the A3 at Bandra (W), Mumbai on 28/07/06. Saudi Riyals 11200 sent
by wanted accused Rizwan Dawrey as stated above, could not be

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
34

delivered to the A3 as he was arrested prior to the delivery of the said
amount. This amount was seized on 30/07/06 from Abdul Rehman
Dawrey, PW-71, brother of wanted accused Mohammed Rizwan
Dawrey. The amounts mentioned above and received by the
conspirators, was used by the accused to send others to Pakistan for
training and other purposes, to achieve the larger goal of conspiracy as
well as for facilitate the escape of those who participated in the
bombing operation. As a part of the conspiracy and with a view to gain
respectability and status, some of the conspirators fraudulently
obtained forged and fake degree/education certificates using which they
got gainfully employed even in foreign countries, ostensibly for the
purpose of raising funds for the organised crime syndicate and/or for
the purpose of siphoning funds from foreign countries for achieving
the larger goal of conspiracy.

35. It is alleged that in pursuance of the aforesaid criminal
conspiracy, the A3, A2, A1, A9, A10, A11 and A6 went to Pakistan and
received training in the handling of arms and explosives in the training
camp run by wanted accused Azam Chima. The travel plans were
elaborately planned by the conspirators in order to ensure that
passports of the accused did not bear the arrival and departure stamps
into and out of Pakistan. During the course of investigation, the A3,
A9, A10, A11 and A2 have been found in possession of maps showing
travel route from Tehran to Pakistan with details, i.e., names and/or
phone numbers of persons who could be contacted for making their
travel arrangements. Investigation disclosed that the accused persons
were trained in the handling and use of arms and explosives. The
trainees were repeatedly indoctrinated by their foreign trainers to
avenge the alleged atrocities committed on Indian Muslims. The

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
35

feelings and sentiments of the accused trainees were exploited to the
fullest and they were exhorted to cause wide spread destruction of life
and property in India in order to cripple the Indian economy and attain
by force and violence an object of a general public nature, i.e., cause
bomb blasts, thereby striking directly against the authority of the
government. That in pursuance of the aforesaid criminal conspiracy,
the accused who underwent training in Pakistan were paid money and
were further asked to persuade more Indian Muslim youths to go to
Pakistan for undergoing the said training.

36. It is alleged that in pursuance of the aforesaid conspiracy,
sometime in the year 2000, wanted accused Azam Cheema on behalf of
banned organisation L-e-T alongwith wanted accused Hafiz Zuber and
Abdul Rehman, recruited the A1. Accordingly Al traveled to Pakistan
on a fake Nepalese passport on an assumed name Kamal Ahmed Mohd.
Munshi through Wagha border. This passport was prepared for the Al
by wanted accused Hafiz Zuber, an Indian national presently based in
Nepal. One Khalid Saifulla asked the A1 to motivate and recruit
alienated and marginalised Muslim youths. One Ibrahim Rayeen
(suspected accused) of Nepal, provided money to the Al with
instructions to send more Muslim youths to undergo training in
Pakistan. He accordingly sent his co-brother Anwar Ul Haque to
Pakistan for undergoing training in the handling and use of arms and
explosives.

37. It is alleged that in pursuance of the aforesaid criminal
conspiracy, the A3 went to Pakistan for undergoing training in the
handling and use of arms and explosives, firstly, on 01/10/01 and
returned to India on 29/11/01 through Wagha border using Indian

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
36

passport bearing No. B-5403385 issued on 06/06/01 by RPO, Pune.
During his second visit and in order to avoid detection, the A3 left
Mumbai for Jeddah on 08/11/03 using the above passport. From
Jeddah, he illegally entered Pakistan via Kisham Island, Iran, where he
allegedly destroyed his Indian passport. During return, his mentors in
Pakistan gave him a fake Pakistani passport on an assumed name
Mohammed Akram, using which he returned to Jeddah. While in
Saudi Arabia, he was arrested for not possessing a travel document and
on 01/12/04 he was deported to New Delhi on an Emergency
Certificate. During his both visits, the A3 received training in the
handling and use of arms and explosives in a training camp of wanted
accused Azam Chima. He also asked A3 to recruit Muslim youths for
arms training in Pakistan and also to survey targets for terrorists attacks.

38. It is alleged that in pursuance of the aforesaid conspiracy, on
return to India and using the money that he had received from wanted
accused Azam Chima, the A3 incited A10 and sent him to Pakistan for
undergoing training as stated above. The A10 traveled to Pakistan on
01/11/02 on Indian passport bearing No.E-1185233. In order to avoid
detection of his Pakistan visit, the A10 traveled from Mumbai to
Tehran on a ziyarat visa and from there infiltrated into Pakistan. A10
too underwent training in the training camp of wanted accused Azam
Chima.

39. It is alleged that in pursuance of the aforesaid criminal
conspiracy, A6 traveled to Pakistan on 01/02/03 using his Indian
passport bearing No.E-1560453 issued by RPO, Mumbai on
13/02/02. He left Chatrapati Shivaji International Airport, Mumbai

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
37

and went to Dubai from where he traveled to Karachi and underwent
training in the handling and use of arms and explosives.

40. It is alleged that in pursuance of the aforesaid conspiracy and
while the A3 was still in Pakistan, he instructed his brother, i.e., the A9
to send some more Muslim youths to Pakistan for undergoing training.
Accordingly, the A9 paid and arranged for the travel and training of the
A2 in Pakistan. In order to avoid detection, the A2 went illegally to
Pakistan via Iran from Chatrapati Shivaji International Airport,
Mumbai. The A2 traveled on Indian passport bearing No. B-0099830
issued by RPO, Mumbai on 21/05/04 and underwent training in the
training camp of wanted accused Azam Chima.

41. It is alleged that, as a part of the same conspiracy and as
instructed by the A3, the A9 illegally traveled to Pakistan via Iran on
09/08/04. But. First he traveled from Mumbai to Tehran and then
illegally crossed Iran border into Pakistan. He too underwent training
in the militant training camp of wanted accused Azam Chima.

42. It is alleged that on return from training, the A2 induced the All
to undergo training in Pakistan to achieve the larger objective of
conspiracy. Accordingly, the A2 collected All’s passport bearing no. A-
1886227 issued by RPO, Mumbai on 12/09/96 and handed it over to
the A9 who in turn got the same stamped with ziyarat visa for Iran.
The A11 left Mumbai for Tehran on 04/04/05, from where he illegally
crossed into Pakistan and received training in the training camp of
wanted accused Azam Chima.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
38

43. It is submitted by the investigating officer ACP Patil, PW-186,
that members of Shiya sect of Muslim community visit Iran on ziyarat
visa. This tour is necessarily for pilgrimage and for the visit of a holy
place by name Mashad, where there is a tomb of the 8th religious
leader, Imam Raza of Shiya sect. The persons who undertake this
pilgrimage usually travel in groups with a proper operator. It is a known
fact that members of the Sunni sect of Muslims do not believe in the
teachings of Imam Raza and hence do not go to ziyarat pilgrimage to
Iran. It is also a known fact that Sunnis are not granted a ziyarat visa to
Iran. During visit to Mashad, all pilgrims get holy food known as
‘Niyaz’. Before any pilgrim receives Niyaz, his passport is stamped
accordingly on the page bearing ziyarat visa. However, A2, A9, A10
and All are all Sunnis. Though they traveled from India to Iran on a
ziyarat visa, they did not visit Mashad, but instead crossed the Iran
border and went to Pakistan and underwent training in the camp of
wanted accused Azam Chima. Though the A2, A9, A10 and All
traveled to Pakistan via Iran on a ziyarat visa, their visas are not
stamped as required at Mashad. The absence of the stamps/seals on
their ziyarat visa page are conclusive proof of the same. Against the
regular practice, these accused persons also traveled individually instead
of going in a group or with a tour operator.

44. It is submitted by the investigating officer ACP Patil, PW-186,
that activities of the organisation Students Islamic Movement of India
(SIMI) were banned in India with effect from 27/09/01 by declaring it
as an unlawful association under section 3(1) of the UA(P)A. PSI Vijay
Bharatrao Mandlik, (PW-145) (Ext.1591), was attached to Kurla Police
Station as ASI in 2001. He went with his staff by the Pipeline Road in
Kurla (W) on the orders of the Sr. PI and with the help of megaphone

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
39

they promulgated the ban by the Government and also pasted copies of
the notification of the official gazette, Ext.1592, containing the ban
order, at conspicuous places like beat chowkis, madarsa, sewage center
of BMC, tahasil office, Pipe Road masjid, etc., and also pasted a copy
on the office of the SIMI that was on the Pipe Road. It is alleged by the
prosecution that though the SIMI was banned in the year 2001, A13,
A3, A2, A4, A10, A11, A7, A8, A6, A9, wanted accused Rizwan
Mohammed Dawrey and wanted accused Rahil Ataur Rehman Shaikh,
continued to remain members of the said banned organisation and took
part in the activities of ‘Students Islamic Movement of India’, which is a
declared terrorist organisation under sections 2(1)(m) and 35 of the
UA(P)A and thereby advocated, abetted, advised and incited the Indian
Muslim youths against the policies of the Government of India,
promoted enmity between different groups on grounds of religion by
printing, publishing and circulating seditious, inflammatory and
derogatory material and collected funds and subscriptions from others
for the achievement of the larger goal of conspiracy. The A4 even
distributed receipt books to others and by using the said receipt books,
personally collected subscriptions for and on behalf of SIMI under
assumed names. Similarly, wanted accused Azam Cheema and the other
Pakistani nationals continued to remain members of the banned
terrorist organisation ‘Lashkar-e-Taiba’ and continued to take part in
the activities of L-e-T. They thereby advocated, abetted, advised and
incited the Indian Muslim. youths against the policies of the
Government of India. For achieving their objectives, they funded the
travel of selected Muslim youths to Pakistan, bore the expenditure for
their training in the handling and use of arms and explosives,
indoctrinated them in the name of religion and also supplied explosives
like RDX. All this was done in order to prepare a group of youths,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
40

Indian as well as Pakistani, to conspire against the Government or civil
authorities and wage war by striking terror in the minds of the people
or section of people by use of violence or force by causing large scale
destruction of life and property in order to cripple the national
economy through the disruption of the public transport system, which
tantamounts to insurgency. The objective of the conspiracy was to
continue unlawful activities within the State of Maharashtra and to
overawe the Government by causing disruption of the mass public
transport system and thereby undermine the authority of the
Government. Mumbai, the economic capital and a soft target was
apparently chosen for executing the conspiracy.

45. It is alleged that in pursuance of the aforesaid conspiracy, the
said accused persons advocated, abetted, advised and incited the Indian
Muslim youths and knowingly facilitated the commission of terrorist
act, to wit, to cause bomb explosions in seven first-class compartments
of western railway trains in Mumbai on 11/07/06. Accused persons,
viz., A13, A3, A2, A4, A10, A11, A7, A8, A6, A9 and Rizwan
Mohammed Dawrey and Rahil Ataur Rehman Shaikh continued to be
members of ‘Students Islamic Movement of India’ and remained in
contact with wanted accused Azam Chima, commander of L-e-T, both
banned terrorist outfits, as declared by the Government of India in the
schedule as laid down under section 2(1)(m) and 35 of UA(P)A.

46. It is alleged that the A13 is one of the key conspirators
continuously indulging in committing terrorist acts and unlawful
activities for and on behalf of SIMI, an organisation banned by the
Government of India since 27/09/01. A case under section 153(1) (A)
read with 34 of the IPC was registered at M.I.D.C. Police Station,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
41

Jalgaon, Maharashtra vide C. R. No. 178 of 1999 against him in 1999.
The Court had taken cognizance of the said case vide C. C. No. 219 of
2001. The A13 was declared as proclaimed offender on 08/03/02.
While he was so absconding, another case was registered against him by
the M. I. D. C. Police Station, Jalgaon, Maharashtra vide C. R. No. 103
of 2001 under sections 153A, 121, 121-A, 122, 123, 201, 506(II),
120B, 34 of the IPC read with sections 4(a) and 4(b) and 5 of the
Explosive Substances Act. In the said case too, A13 evaded arrest and
remained absconding till his arrest in this case. The six co-accused in
the said case have since been convicted for various terms ranging from
3 years to 10 years vide S. C. No. 126 of 2002.

47. It is alleged that in pursuance of the aforesaid conspiracy,
between February and May, 2006, arrested accused persons held
several conspiratorial meetings in the house of the A3 at Bandra (W),
Mumbai, near Shams Masjid, Mira Road, Dist. Thane and at 101, Saba
Parveen Apartment, Pooja Nagar Road, Naya Nagar, Mira Road (E),
Thane, i.e., house of the A7. The said meetings were attended by A13,
A10, A3, A4, A2, A9, A11, A12, A6 and A7. In the said meetings it was
decided to survey and select targets for causing large scale explosions.

48. It is alleged that in pursuance of the aforesaid conspiracy and in
order to achieve the object of the conspiracy, wanted accused Azam
Cheema asked the A3 during May, 2006 to identify likely targets to
cause large scale damage and fear in the minds of general citizens.
Accordingly the A3, A11 and A10 surveyed places like World Trade
Centre, Mumbai Stock Exchange, Mahalaxmi Temple, Siddhi Vinayak
Temple, local trains and some large shopping complexes. Except for the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
42

local trains, the conspirators avoided the other targets as all the said
places had tight security arrangements. The A3 informed the wanted
accused Azam Cheema that local trains were crowded and soft targets
and hence, suitable for causing explosions.

49. It is alleged that in pursuance of the said conspiracy and in order
to achieve objectives of the conspiracy, on the evening of 10/07/06,
accused persons, viz., A6, A3, A12 and Sohail Shaikh, Pakistani
national and one unknown Pakistani national, transported seven rexene
bags containing explosive devices from the house of the arrested
accused A6, i.e., Plot No.33, T. Line, Room No.2, Shivajinagar,
Govandi, Mumbai-43 to Flat No.24, Lucky Villa, Perry Cross Road,
Kant Wadi, Bandra (W), Mumbai-50, i.e., the house of the A3 in his
Maruti car bearing no.MH-01-V-9568 and one taxi.

50. It is alleged that in pursuance of the said conspiracy and in order
to achieve the objectives of the conspiracy, on 11/07/06 between 1500
hours and 1630 hours arrested accused persons, viz., A4, A12, A13, A3
and Al and wanted accused Hafizullah, Aslam, Salim, Ammu Jaan, Abu
Umed @ Abu Osama, Sabir and Abu Bakr traveled with the seven bags
containing explosives devices from Flat No.24, Lucky Villa, Perry
Cross Road, Kant Wadi, Bandra (W), Mumbai-50, i.e., the house of the
A3, in different taxies to Churchgate Railway Station on western
railways.

51. It is alleged that the Al alongwith wanted Pakistani accused
Salim, Hafizullah and Aslam planted explosive device in bogie no.
864A, which blasted at Matunga Railway Station, for which C. R. No.
77 of 2006 was registered at Mumbai Central Railway Police Station. It

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
43

is alleged that the A12 alongwith wanted Pakistani accused Abu Umed
@ Abu Osama planted explosive device in bogie no. 849A, which
blasted in between Santacruz and Khar Railway Stations, for which C.
R. No. 87 of 2006 was registered at Bandra Railway Police Station. It is
alleged that the A3 alongwith wanted Pakistani accused Abu Bakr
planted explosive device in bogie no. 0634A, which blasted at
Jogeshwari Railway Station, for which C. R. No. 41 of 2006 was
registered at Andheri Railway Police Station. It is alleged that the A13
alongwith wanted Pakistani accused Sabir planted explosive device in
bogie no. 935A, which blasted at Borivali Railway Station, for which C.
R. No. 156 of 2006 was registered at Borivali Railway Police Station. It
is alleged that the A4 alongwith wanted Pakistani accused Ammu Jaan
planted explosive device in bogie no. 846A, which blasted at Mira
Road Railway Station, for which C. R. No. 59 of 2006 was registered at
Vasai Road Railway Police Station. It is alleged that unidentified Indian
and Pakistani accused planted explosive devices in bogies no. 528A and
8003A, which exploded at Mahim and Bandra Railway Stations, for
which C. R. No. 78 of 2006 and 86 of 2006 were registered at Mumbai
Central Railway Police Station and Bandra Railway Police Station
respectively.

52. It is alleged that in pursuance of the said conspiracy, the arrested
and wanted accused persons planted explosive devices in the first-class
compartments of local trains with intent to cause or knowing that it is
likely to cause damage or destruction to railway property, i.e.,
compartments of western railway local trains, station platforms,
overbridges, overhead wires, electric poles, etc. The accused persons by
causing explosions in running local trains, caused the deaths of 187
passengers and injuries of various gravity to 817 passengers and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
44

generally endangered the safety of passengers traveling by local trains
on 11/07/06.

53. It is alleged that in pursuance of the said conspiracy and in order
to achieve the objectives of the conspiracy, the arrested and wanted
accused procured explosives, detonators, electric circuits and other
logistics for achieving the larger goal of conspiracy. During the course
of investigation, the Al came to be arrested on 20/07/06. At the time of
his arrest about 500 grams of RDX, which is an explosive, was seized
from his house in village Basopatti, Dist. Madhubani, Bihar. Also traces
of RDX were recovered from Plot No. 33, T Line, Room No.2,
Govandi, Shivajinagar, Mumbai-43 on 29/09/06, i.e., residential
premises of the A6. It is alleged that between 08/07/06 to 10/07/06
the conspirators used this very place for assembling the explosive
devices. Traces of RDX were also recovered from Maruti car No.MH-
01-V-9568 belonging to the A3 on 22/10/06 recovered from the
compound of Al Hatim building, Millat Nagar, Andheri (W), Mumbai.
This very vehicle was used by the accused to transport the explosive
stacked bags from the house of A6 at Govandi, Shivajinagar to the
house of A3 at Bandra (W), Mumbai.Traces of RDX were also
recovered from Bldg. No.1, 25/B, Kant Wadi, Lucky Villa, Perry Cross
Road, Bandra(W), Mumbai-50, on 28/07/06, i.e., the house of the A3.
It is alleged that on 10/07/06 after the explosive devices were
assembled and kept in black rexene bags, this very place was used by
the conspirators to store the explosive devices before they were taken to
Churchgate Railway Station on 11/07/06. At the instance of the A13,
2.7 kg. of Ammonium Nitrite powder and 10 detonators were
recovered from his house at Poonam Park, ‘A’ Wing, Flat No.101, Near
Lodha Complex, Mira Road, Dist. Thane. Similarly, corrosive materials

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
45

namely Sulphuric Acid, Acetone and Hydrogen Peroxide were
recovered from the possession of A2. The same, according to expert’s
opinion, could when mixed in the right proportions, be turned into a
deadly mixture called TATP, capable of causing high intensity blasts.
Experts have opined that RDX, Ammonium Nitrate, Nitrite and
Petroleum Hydrocarbon oil was used in the explosions that took place
in the seven first-class compartments of western suburban trains of
Mumbai on 11/07/06.

54. It is alleged that in pursuance of the said conspiracy and in order
to achieve the objectives of the conspiracy, the arrested and wanted
accused, singly or jointly, either as member of an organised crime
syndicate or on behalf of such syndicate, conspired, advocated, abetted
or knowingly facilitated the commission of an organised crime by use
of violence, promoted insurgency by causing explosions on 11/07/06 in
seven different compartments of western railway local trains causing
damage to property worth Rs. 85,61,039/- and deaths of 187 persons
and injuries to 817 others.

55. It is alleged that all the arrested, wanted and two dead accused
persons did commit murders by intentionally and knowingly causing
the deaths of 187 persons and also did cause injuries of various gravity
to 817 persons, with such intention and knowledge and under such
circumstances that if by that act all accused had caused the death of
such persons, they would have been guilty of murder and that all the
accused had done the said illegal acts in furtherance of the common
objective of the criminal conspiracy referred to above and also caused
damage to public property, to wit, Western Railway local trains,
platforms, overbridges, electric poles, overhead electrical wires, etc.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
46

56. It is alleged that all the accused persons mentioned in the report
were parties to a criminal conspiracy hatched by holding meetings in
Maharashtra and outside India between 1999 and October, 2006, the
object of which was to do and cause to be done such illegal acts for
achieving the aforesaid objectives of the criminal conspiracy and such
illegal acts were done intentionally and knowingly by participating in
furtherance of the common objectives of the criminal conspiracy.

57. It is alleged that as a part of the larger conspiracy, while
committing various illegal acts, the members of the organised crime
syndicate also resorted to obtaining forged documents, to wit, degree
certificates and using them as genuine to reflect false educational
qualifications, with a view to gain false status and respectability and also
for employment and did gain employment on the strength of these
forged documents.

58. It is alleged that as a part of the larger conspiracy, while
committing various illegal acts, the A3 and the A6 obtained Indian
passports from the office of the Regional Passport office, Pune and
Mumbai respectively. Both these accused traveled to Pakistan using the
said passports. However, in order to obliterate all evidence relating to
their visit to Pakistan, they destroyed/disposed off their Indian
passports and failed to produce the said passports before police, when
directed to do so for the purpose of investigation.

59. It is alleged that as a part of the larger conspiracy and while
committing various illegal acts, between May, 2006 and July, 2006, the
arrested Indian conspirators, knowing fully well that their Pakistani

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
47

counterparts had conspired and had illegally infiltrated into India with
explosives for causing bomb explosions, with the intention of screening
them from legal punishment, made arrangements for and harboured
them. Accordingly, in the month of May, 2006, wanted Pakistani
accused, viz., Sabir, Abu Bakr, Kasam Ali, Ammu Jaan, Ehsanullah and
Abu Hasan entered India through Bangladesh border and were housed
in 304, Amrapali Building, Sector-XI, Shanti Nagar ‘A’, Mira Road(E),
Dist. Thane, office/house in the control of A7, A4 and A13. Similarly
in the same month accused, viz., Salim (deceased), wanted accused
Sohail Shaikh, Abdul Razzak and Abu Umed (deceased) illegally
crossed over from Pakistan into India from Kutch border in Gujarat
and were harbored in Flat No.24, Lucky Villa, Kant Wadi, Perry Cross
Road, Bandra (W), Mumbai-50, house belonging to the A3.

60. As a part of the same conspiracy, wanted Pakistani accused
Aslam and Hafizullah entered India through Indo-Nepal border and
were harboured in 101, Saba Parveen Apartment, Naya Nagar, Mira
Road (E), Thane, house belonging to the A7. Prior to the blasts, two of
the wanted accused, who were staying in Flat No.24, Lucky Villa, Kant
Wadi, Perry Cross Road, Bandra (W), Mumbai-50, shifted their hide
out to a flat in Millat Nagar. After the commission of the bomb blasts,
the A4 escorted wanted Pakistani accused, viz., Ammu Jaan and
brought him to stay in 202, B Wing, Moonlight Apartment, Opp.
Kalsekar College, Kausa, Mumbra, Dist. Thane, which was rented by
the A8. Five other Pakistani nationals were also provided shelter in this
flat after the bomb blasts. After staying for a while, these accused were
provided a safe passage out of Mumbai, by the A.5.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
48

GIST OF THE PROSECUTION STORY AS EVIDENT FROM
THE DIRECT AND CIRCUMSTANTIAL EVIDENCE FOR
INDIVIDUAL ACCUSED PERSONS

A.1 – Kamal Ansari
Fir/Arrest/Crime No.

61. To get insights regarding the arrests of the A.1 in relation to his
involvement in different blasts, a chart is produced herein below: –

CHART NO. 3

Date of
Sr. No. Cr. No. Police Station Place of Blast
Arrest

Matunga Railway Station
Mumbai Central (Between Dadar to Matunga

1. 77/06 Railway Police – while entering into 20/07/2006
Station Matunga Railway
jurisdiction)

Jogeshwari Railway Station
Andheri Railway

2. 41/06 (Train had just departed from 31/07/2006
Police Station
the platform no.1)

Bandra Railway Station
Bandra Railway

3. 86/06 (Between Km Pole No.15/1 14/08/2006
Police Station
C and 15/6 A)

Mira Road (The train had
Vasai Road
just departed Mira Road

4. 59/06 Railway Police 11/09/2006
Station – It was between KM
Station
Pole no. 40/8 & 41/4)

Borivali Railway Station
Borivali Railway

5. 156/06 (Platform no. 4 of Borivali 25/09/2006
Police Station
Railway Station)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
49

Investigation-Recovery From A.1

62. PW-176 PI Rathod was assigned CR 77/06 (Matunga blast) on
12/07/06. PW-161 PI Tajne who was an assistant I.O in Cr. No. 77/06,
on July 19, 2006, received information from a reliable source
implicating Kamal Ansari, a suspect from Basopatti, Bihar. PI Tajne
along with API Kolhatkar and PSI Sachin Kadam led to Basopatti and
reached Basopatti on 20/07/06 around 2:00 A.M, where they arrested
Kamal and Khalid Ansari with the help of PSI Rajan Singh of Basopatti
Police Station. During a house search of A.1, they discovered 500 grams
of black powder, out of which they took 10 gms of powder as sample in
a small plastic bag and sent it to the FSL. Forensic analysis (FSL report
Ext. 469) confirmed the powder contained RDX (85%) and charcoal
(15%). After Kamal’s arrest, PI Tajne conducted further investigations
and received confirmation from a cybercafe owner in Madhubani that
Kamal frequently used the internet to send emails. The investigation
linked Kamal to multiple bomb blasts, including those at Borivali and
Bandra stations. The case was eventually consolidated under the
MCOC Act due to the larger conspiracy behind the bombings.

Conspiracy

63. Prosecution alleges conspiracy against the nation in which A.1 is
involved.

Passenger Of The Train Who Identified A.1

64. PW-57, Subhash Kamlakar Nagarsekar, was a train traveler
during the 2006 bomb blast. On July 11, 2006, he boarded a local train
at Charni Road for Churchgate travelling in the opposite direction of
his intended direction. After reaching Churchgate, instead of getting

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
50

down, he continued to Virar (Virar Fast Local 5:57), intending to
switch at Dadar. According to him, two men with a large black rexine
bag boarded the train at Churchgate and placed it on the luggage rack.
When PW-57 got off at Dadar, the two men also got down from the
train. He later got to know about the blast on the Western Railway and,
in October 2006, saw news reports about the bomb blast and the arrest
of suspects. Reports indicated that the bomb was planted on the 5:57
Virar Fast Local. Recognizing the connection to his train journey, he
visited the ATS on October 18, 2006, there he met ACP patil and
shared his recollection of the events. On 07/11/06, he was called into
the ATS office for T.I.Parade. During the TIP held on 07/11/2006,
PW-57 identified A.1 – Kamal as one of the men who had placed the
black coloured rexine bag on the luggage rack of the train.

A.2 – Tanveer Ansari
Fir/Arrest/Cr. No

65. To get insights regarding the arrests of the A.2 in relation to his
involvement in different blasts, a chart is produced herein below: –

CHART NO. 4

Sr. No. Cr. No. Police Station Place of Blast Date of Arrest

Matunga Railway Station
Mumbai Central (Between Dadar to

1. 77/06 Railway Police Matunga – while entering 23/07/2006
Station into Matunga Railway
jurisdiction)

Jogeshwari Railway
Andheri Railway Station (Train had just

2. 41/06 03/08/2006
Police Station departed from the
platform no.1)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
51

Bandra Railway Station
Bandra Railway

3. 86/06 (Between Km Pole 17/08/2006
Police Station
No.15/1 C and 15/6 A)

Mira Road (The train had
just departed Mira Road
Vasai Road Railway

4. 59/06 Station – It was between 14/09/2006
Police Station
KM Pole no. 40/8 &
41/4)

Borivali Railway Station
Borivali Railway

5. 156/06 (Platform no. 4 of 25/09/2006
Police Station
Borivali Railway Station)

House Search – Seizure Of Passport

66. On 26/07/06, PW-176 PI Rathod (I.O of CR. No. 77/06)
searched the residence of A.2 – Tanveer. Post search, which yielded no
findings, PW-176 inquired with A.2 about his passport. A.2 disclosed
that his passport was with a travel agency in Fort for a visa. PW-176,
along with the panchas, visited International Trade Links, where the
manager recognized Tanveer and confirmed the passport was submitted
for an Iranian visa. PW-176 seized the passport under panchnama Exh.
450, passport contains the stamps of departure and arrival and visa of
Iran is pasted on it.

67. On 08/08/06, PW-176 directed API Bavdhankar to take
statements from travel agents involved with A.2 – Tanveer and others
who traveled to Pakistan via Tehran, gathering pertinent
documentation. These were recorded and deposited properly. PW-43,
Hafzal Herzi, indicated that A.2’s passport processing was through AL
Mehndi Tours in 2005, though the ticket was not issued by them.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
52

Recovery from A.2 Brother’s House

68. On 01/08/06, A.2 -Tanveer was taken for inquiry where he
expressed a desire to show the maps and books that he has hidden in
his brother’s house, accordingly the memorandum of his statement
Ext.484 was written.

69. PW-176 with his staff and panchas followed Tanveer’s directions
to Momin Pura and arrived at 31, 2nd Floor, BIT Chawl No.4, where
he called his mother to obtain the key to his brother’s house. A.2
informed them that the building is known Pila Mahal and the house of
his brother is on the 2nd floor, which was room no. 35. He opened the
lock with the key and entered the house, inside the room, they found a
sewing machine table and a Panasonic TV. Tanveer lifted the TV and
kept it aside, took out some books and maps from the cardboard, the
books were concerning SIMI organization titled ‘Atankwad Ke
Jimmedar Kaun’, one map was of Mumbai and one was an
international map showing India, Pakistan, Afghanisthan, Tehran, Iran,
some places in the map of Mumbai were marked with green and red
colour, a route from Mumbai to Muzzafarabad in Pakistan via Tehran,
Zahidan, Bhawalpur was drawn on the international map. After
completing the panchanama Ext. 485, the room was secured, and the
key was returned to Tanveer’s mother. Additionally, Panch witness PW-
19 R.S. Warang identified the articles in the court recovered from
Tanveer’s brother’s house.

Recovery From Saboo Siddique Hospital

70. PW-176 interrogated A.2 on 12/08/06 while he was in the
custody of PI Wadhankar (I.O of Cr. No. 41/06). A.2 voluntary made a
statement that he is ready to show bottles of chemicals that he has kept

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
53

in the locker of the Sabu Siddhiqui Hospital. A.2’s statement recorded
in a memorandum (Ext. 457) written by PW-169 PSI Gaikwad
(Assistant I.O in CR. No. 77/06), led to a station diary entry (Ext. 1803).

71. As per the directions given by A.2 – Tanveer PW-176 with staff
and along with panchas, went to Sabu Siddiqui Hospital, A.2 led them
to the ICU department on the 1st floor of the hospital. In the ICU, Dr.
Atiya Sayyed and an accounts manager, Salamatullah Khan, were
present. A.2 indicated a room adjacent to the ICU, where he retrieved a
key from under a mattress and opened a locker revealing three sealed
bottles of chemicals: Hydrogen Peroxide, Acetone, and Sulphuric Acid.
It has also come in the evidence of Dr. Atiya Sayyed that on
12/08/2006. ATS police had come to the Sabu Siddique Hospital at
4.00 pm for their investigation, an inspector, two panch, two-three
other persons had come, that A.2 was with them, that they had come to
check his locker, that police took the bottles Arts. 34 to 36 and the key
Art.33 and the other articles with them, that the panchanama Ext. 458
bears her signature on the last page.

72. The recovered chemicals were sent for forensic analysis on
August 13, 2006. Contents of the FSL report Ext.909 shows that the
bottles in CR No. 77/06, contain Hydrogen Peroxide, Acetone and
concentrated Sulphuric Acid, that Hydrogen Peroxide is a strong
oxidizing agent, Acetone is a highly flammable liquid and as per the
literature, concentrated Sulphuric Acid is used as initiator with chlorate
in explosive mixture. Due to the hazardous nature of the seized
chemicals, the court granted permission for disposal, which occurred on
December 16, 2006. A panchanama, empty bottles, and a report were
subsequently filed in court.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
54

Link Between Accused Persons – Visit To Pakistan – Connection With
SIMI- Conspiracy

73. It was revealed during A.4 – Ehtesham’s interrogation that A.2 –
Tanveer was going to teach them how to prepare bombs with the help
of chemicals. Cases under UAPA and IPC Section 353 were registered
against A.2 and A.4 in Kurla; PSI Kshirsagar collected chargesheets
(Exts. 462-463). Ext. 462 showed A.2 and A.4 illegally assembled at
SIMI office on September 27, 2001. Ext. 463 showed them shouting
anti-national and pro-SIMI slogans at Kurla court on September 28,
2001. PW-65 (Hostile witness regarding SIMI activities) named A.2
and A.4 among 24 SIMI activists.

74. PW-176 learned A.2 – Tanveer, A.10 – Suhail, A.11 – Zameer ,
A.3 – Faisal, and A.9 – Muzzammil went to Pakistan for militancy
training and were associated with L-e-T and SIMI. It has has come in
the evidence of PW-176 that he had obtained true photocopies
Regional Passport Office, Mumbai of the application and documents
submitted by A.2 Ext.1993 (1 to 13) and A.11 Ext 1992 (1 to 10)
alongwith the covering letter Ext. 1991. A.2, A.9, A.11 and A.10 had
gone from Mumbai Airport to Tehran, Iran and from there to Pakistan.

75. A.3 – Faisal in his confessional statement before the PW-40
Arvind Singh( Assistant Director of E.D) stated that he had sent A.2 –
Tanveer to get training in L-e-T camps via Iran route. Further he stated
that A.2 was sent on the reference of A.4 – Ehtesham. A.2 had gone to
Pakistan for training in the month of May and June 2004 after
resigning his job in Prince Ali Khan Hospital, therefore he wrote a
letter (Exh.2445) to the Medical Superintendent of the Prince Ali

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
55

Khan hospital, Mazgaon, Mumbai-10 to furnish his service details, the
hospital gave reply Ext. 2446 (1 and 2) furnishing the details of
resignation.

76. It was alleged that PW-75-Amar Sardar Khan that he met A.2 –
Tanveer, A.4 – Ehtesham and A.6 – Mohd Ali in the programs of SIMI
that he attended and has identified them all in the court. There used to
be aggressive and provocative speeches about jihad at the SIMl
programs, that the jihad that they were talking about was in respect of
atrocities committed on Muslims. That A.2 and A.4 used to give such
speeches. Four or five days before the blast, PW-75 and Ajmeri Shaikh
saw A.2 outside A.6’s house in Govandi, where they later saw A.2, A.6,
A.4, and others with wires and powders. A.2, A.4 and A.6 were
supervising the assembling. PW-76 (Vijay Ambekar -PC Crime branch)
corroborated this, stating Ajmeri told him about seeing A.2, A.4, A.6,
and others with wires and powders at A.6’s house.

77. PW-59 saw A.2 – Tanveer, A.4 – Ehtesham, A.3 – Faisal, A.10 –
Suhail, A.9 – Muzzammil and A.13 – Asif Khan at A.3’s house in
February 2006, that they had gathered there for discussion on some
special subject, and later in March 2006 A.3 came to meet PW-59 at
Mira Road near Shams Masjid with A.3’s three friends, A.13, A.2 and
A.4. A.3 asked PW-59 to arrange a house for his friends.

78. It has come in evidence of PW-78-Shaikh Noman Ahmedon
(hostile witness) that he knew that SIMI was banned in the year 2000.
Even after the A.2 – Tanveer, A.3 – Faisal and A.4 – Ehtesham used to
go to the office of SIMI. In 2004, A.2 had gone to Pakistan.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
56

79. The acts were committed by an organized crime syndicate and
the conspiracy was spread over a large period of time and wanted
accused Azam Cheema had arranged for the training of A.2 – Tanveer
in the camps of Lashkar-e-Talba situated in Pakistan.

Identification Of The Accused

80. Witness PW-75 Amar Sardar Khan and Ajmeri Shaikh with 6
more witnesses arrived at the ATS office on 07/11/06, accompanied by
police and SEOs, who would take them to Arthur Road Jail for
identification of the accused persons. The parade conducted by PW-80
SEO Purandare on 07/11/06, the TIP was conducted in two groups,
with witnesses PW-75 Amar Sardar Khan and Ajmeri Shaikh
identifying A.2 – Tanveer in connection with its role outside and in the
house of A.6 – Mohd. Ali on the day when they had gone there.

A.3 – Mohd. Faisal And A.9 – Muzzammil Shaikh

Fir/Arrest/Cr No.

81. To get insights regarding the arrests of the A.3 and A.9 in relation to
their involvement in different blasts, a chart is produced herein below: –

CHART NO. 5

  Sr.     Accused                                                             Date of
                       Cr. No.    Police Station      Place of Blast
  No.       No.                                                               Arrest

                                                    Matunga Railway
                                                    Station (Between
                                    Mumbai
           A.3 and                                 Dadar to Matunga -
    1.                  77/06    Central Railway                           27/07/2006
             A.9                                   while entering into
                                  Police Station
                                                    Matunga Railway
                                                      jurisdiction)




::: Uploaded on - 21/07/2025                             ::: Downloaded on - 21/07/2025 22:30:21 :::
                                 57

                                                  Jogeshwari Railway
                                   Andheri
           A.3 and                                 Station (Train had
   2.                   41/06   Railway Police                             08/08/2006
             A.9                                   just departed from
                                    Station
                                                   the platform no.1)

                                                     Bandra Railway
           A.3 and              Bandra Railway    Station (Between Km
   3.                   86/06                                              28/08/2006
             A.9                 Police Station    Pole No.15/1 C and
                                                         15/6 A)

                                                  Mira Road (The train
                                                   had just departed
                                 Vasai Road
           A.3 and                                Mira Road Station -
   4.                   59/06   Railway Police                             18/09/2006
             A.9                                  It was between KM
                                    Station
                                                    Pole no. 40/8 &
                                                         41/4)

                                                    Borivali Railway
                                   Borivali
                                                  Station (Platform no.
   5.        A.3       156/06   Railway Police                             28/09/2006
                                                  4 of Borivali Railway
                                    Station
                                                         Station)

                                                    Borivali Railway
                                   Borivali
                                                  Station (Platform no.
   6.        A.9       156/06   Railway Police                             30/09/2006
                                                  4 of Borivali Railway
                                    Station
                                                         Station)


 House Search Of A.3 And A.9

82. On 28/07/06, Sr. PI Rathod, ACP Shengal of ATS, and PSI
Kshirsagar, along with staff, conducted a house search at A.3 – Faisal’s
residence in Bandra. They arrived at the Lucky Villa Building, where
A.3 showed them his room on the third floor. Upon entering, they
searched the kitchen and living room. In the living room, they found
black powder in a cupboard compartment and collected it for analysis,
later identified as RDX and ammonium nitrate. During the search, a
red handbag was found containing railway tickets, debit cards, licenses,
cash, 30 notes of 500 Saudi riyals, vehicle documents, and books of
SIMI and book titled “Atankwad ka jimmedar kaun”. In the second
compartment of the said bag additional items included two maps with
marked routes, one was of Mumbai and on the backside Mumbai-

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
58

suburbs, there were marks at some places on the map of Mumbai in
green and red ink, the other map was an international. map of India,
Pakistan, Iran, Muscat, Afghanistan, Tehran, etc, that a route from
Mumbai to Tehran, Tehran to Zahidan and Zahidan to Muzzafarabad
was drawn on the map, there was some matter in Urdu below the map,
an International mobile number and e-mail address as guddu_sir @
yahoo.com, and contact information, along with a Motorola mobile
phone. PW-31 Sanford Fernandes (Panch witness) have identified the
articles in the court that were seized from the house of A.3.

83. After concluding the house search of A.3 – Faisal, they
proceeded to A.9 – Muzzammil’s location in Mira Road, who led them
to his flat. During house search they found 2 new CPUs and an Echolac
company travel bag, the contents of the bag were inspected, they found
a CD pouch containing CDs, the name Rahil Shaikh was written on the
pouch, they also found a Maxell company hard disk, a passport in the
name of A.9, his educational documents issued by Bhartiya Shiksha
Parishad, Lucknow, certificates of Higher Secondary Board
Examination, Data Core Technology’s appointment letter in his name,
identity card of Oracle company in his name, red coloured packet
containing many cards like internet cards, netwala card, sifi I card,
books of SIMI organization and books titled ‘Atankwad Ka Jimmedar
Kaun’, In another compartment of the bag they found two maps, one
was of Mumbai and on the backside of Mumbai suburbs, there were
marks at some places on the map of Mumbai in green and red ink, the
other map was an international map of India, Pakistan, Iran, Muscat,
Afghanistan, Tehran, etc., a route from Mumbai to Tehran, Tehran to
Zahidan and Zahidan to Muzzafarabad was drawn on the map, there
was some matter in Urdu below the map, an international mobile

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
59

number and e-mail address as [email protected]. PW-31 Sanford
Fernandes (Panch witness) have identified the articles in the court that
were seized from the house of A.9.

Recovery From The Railway Track

84. On 08/10/06, during the interrogation of A.3 – Mohd. Faisal by
ACP Dhawale, PI Deshmukh, and PI Tonapi, A.3 – Mohd. Faisal
voluntarily gave a statement (Ext. 1108), that he could show where he
discarded some items. He led the officers to a location near Dahisar; he
led them from the western railway track towards Mira Road and
pointed out the places where he felt that he had thrown the articles.
Faisal pointed out to a spot in the marshy land from where the officers
recovered a brown plastic bag in mud, containing several items
including 7 rubber gaskets, 5 whistles, broken electric wires, a PCB,
and plastic bags. These were seized and documented in Panchanama
Ext. 1109. The items were cleaned, sealed, and labeled, and Faisal
signed the panchanama.

85. FSL reports (Exts. 973 and 974) revealed that Cyclonite (RDX)
was detected on plastic bags, indicating their use in explosives. The
rubber rings and whistles could be used in cookers, but the electric
wires did not match those used in the PCB (printed circuit board). The
PCB could act as a triggering device, containing components like a
DTMF receiver IC, commonly used in phone circuits. When connected
to a mobile phone, the device could be triggered by actions such as
receiving a call. FSL report Ext. 2388 further indicated that the rubber
gaskets and whistles recovered from Faisal were duplicates, as they did
not match the original products from the Kanchan company in terms of
markings and physical characteristics.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
60

PW-62 Devendra Lahu Patil (Train Passenger Who Identified A.3)

86. PW-62 Devendra Patil testified that on 11/07/2006, after
finishing work at the Custom House, he went to Churchgate station
around 5:15 p.m. He boarded the 5:36 p.m. Churchgate-Borivali slow
train and stood near the last row of seats in the first-class bogie. Two
men boarded the train with a black bag, one of whom tried to place it
on the rack but kept it below the seat near the window that was facing
towards churchgate. After the train left Jogeshwari, there was a loud
explosion,he was thrown down in the train and people fell on him.
After some days in the news, he got to know about bomb blasts in the
trains and that some persons had kept black bags containing bombs in
the train. Therefore, he went to the ATS office on 20/10/2006 and
gave his statement about the incident. He identified one of the men,
A.3 – Faisal, in a police identification parade on 07/11/2006. In court,
he again identified A.3 as the person who had kept the black bag in the
train.

PW-77 Rajesh Satpute (Taxi Driver Who Identified A.3)

87. PW-77 Rajesh Satpute testified that on 11/07/2006, he was
driving taxi MH-01-J-4066 when two men entered in his taxi near
Carter Road, Bandra. One of the men had a black bag, which he placed
on the front seat by his side. They asked him to drive to Churchgate.
During the drive, there was an instance when the driver applied a brake
due to which the bag moved ahead. The man sitting behind grabbed
the bag and warned Satpute to drive carefully. Satpute offered to put
the bag in the boot, but the other man refused, saying the bag
contained valuable items. Satpute described the men, one being around

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
61

30-35 years old with a small beard and long hair, and the other about
25-28 years old The witness identified A.3 – Faisal in the TIP dated
07/11/06 conducted by SEO Barve. Further, he also identified A.3 in
Court as one of the passengers in his Taxi.

Handwriting Analysis

88. During the search & seizure, the IOs had obtained some maps
which contained handwritten notes. Therefore, PW-176 Sr.PI Rathod
collected specimen handwriting from several accused persons,
including Tanveer, Muzzammil, Faisal, Zameer, and Suhail, between
July 30, 2006, and August 4, 2006. These specimens, along with maps
containing handwritten notes, were forwarded to the Additional CP,
Crime Branch, CID, Mumbai, for onward submission to the
handwriting expert for finding out the author of the writings on the
maps. PW-131 Jayant Ahir (handwriting expert) confirmed that the
handwriting on the maps matched Faisal’s handwriting, specifically the
e-mail addresses written on them.

89. The handwriting expert explained the process of analyzing the
questioned documents (maps) and the specimen handwriting. He
concluded that the writings on the maps (Exhibits 1486 to 1490)
showed similarities with Faisal’s handwriting (Exhibits 1491, Sheets 1-

9). The expert further noted that, despite the presence of Urdu script,
the handwriting was similar enough to indicate that the same person
wrote the markings on the maps. The Urdu phrases on the maps
contained specific names, phone numbers, and references to email
addresses.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
62

Recovery From The Car Of A.3

90. A.12 – Naveed voluntarily took police officers, including PW-50
Shrikrushna Pawale (Panch Witness) and PI Khanvilkar (PW-168), to
several locations as part of a reconstruction. They traveled from Shivaji
Nagar, Govandi, to Lotus Junction, then to Geeta Vikas Beat Police
Chowki, where A.12 indicated he had stopped a Maruti 800 car. He
claimed A.3 (Faisal), A.7 (Sajid), and two Pakistani nationals had got
down from the vehicle there.

91. A.12 then led them to Bandra Perry Cross Road, pointing out
Lucky Villa, A.3’s residence, and noted that two Pakistanis lived with
Faisal in a temporary structure on the terrace. Following his directions,
they also went to Millat Nagar, where Naveed indicated a building near
Ocaz Shopping Center, stating he dropped A.3 there to meet Pakistani
guests.

92. Naveed identified a white Maruti 800 parked at Al Hatim
Building as A.3’s car. Mohd. Alam (PW-59) testified that A.3 had
recently purchased this vehicle. Police found black spots inside the car
and collected them with swabs for analysis. ACP Patil sent the swabs
and the car to FSL on 26/10/06. The FSL report revealed the presence
of RDX, petroleum hydrocarbons, charcoal, and ammonium
compounds in the swabs and the vehicle.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
63

Conspiracy – Link Between The Accused – Visit To Pakistan –
Connection With SIMI

93. The prosecution alleges A.3 – Faisal and A.9 – Muzzammil,
along with other accused, conspired against the nation and participated
in train bomb blasts, citing the following reasons:

i) A.9 and A.3 contacted the wanted accused Azam Cheema of
Lashkar-e-Taiba through their associates, Rahil and Rizwan
Dawrey, to receive funds. A.3 used this money to facilitate the
travel of radicalized youths from India to Pakistan via Tehran.

ii) Abdul Rehman Dawrey (PW-71) testified about discussions at
the SIMI office concerning Muslim issues and identified Faisal,
Muzzammil, and others. Literatures connected with SIMI were
also found at the houses of A.3 and A.9.

iii) Following riots in Pune in 2001 and the ban on SIMI, some
members used to say that it will not be sufficient only to talk
but they should take some training. Faisal traveled to Pakistan
for training in 2002, meeting Hafiz Sayyed of LeT, and had
traveled through Attari Rail Check-post in 2001.

iv) PW-95, Tafheem Akmal Hashmi, a former Pakistani Army
hawaldar, testified that he joined the Mujaheeddin after leaving
the army in 1994-95, receiving training in Afghanistan and
Azad Kashmir, including Muzaffarabad. He claimed to have
met A.3 Faisal at a Lashkar-e-Taiba training camp near
Muzaffarabad in June or July 2004.

v) Training in militancy was reported, with connections to Azam
Cheema (chief commander of L-e-T), who funded the
accused’s training and A.3 had gone to pakistan twice and had
taken training in the camps of Lashkar-e-Taiba.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
64

vi) PW-59, Mohammed Alam, revealed he was close to Faisal, who
changed his name to conceal his identity and admitted training
in Pakistan. In February, 2006 once he went to the house of
A.3, that at that time he saw 5-6 persons in his house, that they
had gathered there for discussion on some special subject.

vii) Despite SIMI’s ban, accused members continued their
activities, keeping in contact and sharing shared ideological
materials.

viii) During the course of investigation 26,200 Saudi Riyals were
recovered, some from the residence of A.3 and some from
witness Abdul Rehman Dawrey, which were meant for A.3,
that wanted accused Azam Cheema had asked A.3, A.13 and
others to make preparations for bomb blasts strike in the city of
Mumbai.

ix) Investigations revealed a conspiracy dating back to 1999,
involving several trips to Pakistan for training in subversive
activities.

x) Evidence indicated 15 kg of RDX was smuggled in by
Pakistanis, and explosives were procured locally. Pakistani
nationals associated with the accused used multiple residences
in Mumbai before the blasts. Investigative officers confirmed
that Faisal lived in a rented flat in Bandra, with connections to
local and infiltrated individuals.

Links With Wanted Accused Rizwan Dawrey – Foreign Funding

94. On inquiry about wanted accused Rizwan Dawrey, his father
informed police that Rizwan was in Saudi Arabia and his other son,
Abdul Rehman Dawrey, resided in flat no. 202 of the ‘C’ wing in the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
65

same building. Police, with panch witnesses, visited Abdul Rehman’s
flat, where he told that Rizwan had sent 500 and 200 Saudi Riyals for
A.3 – Faisal. Abdul Rehman stated that Rizwan informed him via email
about sending the money. The police seized the envelope and Riyals,
properly labeled and signed.

95. Abdul Rehman also shared that A.3 – Faisal and wanted accused
Rahil used to visit him in 1996-1997. He knew A.3’s brother, A.9 –
Muzzammil, and was aware A.3’s other name was Mustafa. Abdul
Rehman stated that Rizwan went to Jeddah in 2003 and worked as a
system administrator. Faisal and Rahil visited him there. At one
instance, Faisal showed him his Pakistani passport and suggested
sending Rizwan for training in Pakistan, which Abdul Rehman
opposed. Abdul returned to India in 2005. Rizwan continued to send
500-600 Saudi Riyals for the expenditure of their father. On 17/07/06,
Abdul collected a parcel of medicines, sweets and an envelope
containing about 500 Riyals sent by Rizwan.

96. In a conversation on 26/07/06, Rizwan told Abdul that the
envelope of 500 Riyals was for A.3 – Faisal and told him to dispose of
the envelope and move out from Pune as A.3 was picked up in
connection with the 07/11 railway blasts. On 30/07/06, Abdul
Rehman handed the envelope over to the ATS when they visited, along
with the 500 Riyals and Rizwan’s personal computer.

97. In 02/07/2006, Hidayatulla Sundke traveled from Jeddah to
Mumbai, carrying 15,000 Saudi Riyals for A.9 – Muzzammil, sent by
Rizwan stating that they were for a mosque construction project.
Hidayatulla later handed the money to Bilal. Bilal later arranged for

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
66

Mohsin Khan to deliver the money to A.3 – Faisal in Mumbai. A.3 was
unable to explain the source of 26,200 Saudi Riyals found in his house
during the house search, which was linked to funds from Azam
Cheema, commander of LeT, Pakistan, sent via Rizwan Dawrey. The
investigation revealed these funds were intended for militant activities.

CHART NO. 6

Trail of 15,000/- Saudi Riyals from Rizwan Dawrey to Mohd. Faisal

Rizwan Dawrey (WA)
(It is alleged that he used to obtain funding from Azam Cheema. Rizwan convinced
Hidayatulla (PW-64), who was working in Jeddah, to take 15,000 Saudi Riyals and give
it to A.9 – Muzzammil Shaikh in Pune. He told Hidayatulla that he has collected the
money for constructing a masjid in his village.)
↓
Hidayatulla Mehboob Sundke (PW-64)
(Hidayatuula agreed to take the cash. Upon reaching Pune, he received a call from Bilal
(PW-66) who told him that Muzzammil had asked him to pick up the cash. Hence, after
talking with Muzzammil on call, Hidayatulla handed over the cash to Bilal.)
↓
Bilal Salauddin Shaikh (PW-66)
(He was a maternal relative of A.3 – Faisal. A.9 – Muzzammil called Bilal & requested
him to collect the Saudi Riyals from Hidayatulla and told him that Faisal shall collect it
from him later. Bilal collected the amount. On the same day, Faisal called Bilal and told
him to send the cash to Mumbai.)
↓
Mohsin Khan (PW-67)
(He is cousin of Bilal (PW-66). Mohsin’s father was admitted in J.J.Hospital in Mumbai,
therefore, he was going to Mumbai. Bilal told him to take the cash with him to Mumbai
and that Faisal will collect it from there. He did as instructed. Faisal came to collect the
cash at J.J.Hospital. Mohsin handed over the cash to Faisal.)
↓
Mohd. Faisal (A.3)

Foreign Travel / Passport Agent / Link Between Accused

98. In 2004, A.3 – Faisal asked PW-46 Mushtaq Ahmed to arrange a
visa for his friend, A.2 – Tanveer Ansari, by submitting Tanveer’s
passport to an agent named Johar Sayyed. Faisal later repeated similar

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
67

actions with other individuals, including A.9 – Muzzammil, A.11 –
Zameer, and others, using agent Ashik Ali to obtain their visas and
tickets for travel to Iran. A.3 – Faisal used to give such work to him
every 2-3 months.

99. PW-44 confirmed that he worked with Mushtaq to arrange
tickets and visas for these individuals between 2004 and 2006, noting
that they were initially going to travel as part of a group but later
traveled independently. The ATS later investigated and retrieved the
relevant passport records, identifying several individuals, including
Muzzammil, Zameer, and others.

100. Further evidence from PW-114, an Immigration Officer,
confirmed that passport records linked to Faisal showed his departure
to Karachi in 2001. Additionally, PW-115, another immigration officer,
testified about an incorrect entry in his records concerning the date of
departure for Faisal.

101. Overall, the evidence points to a network of individuals,
primarily Faisal, who facilitated the processing of visas and travel
documents for various individuals between 2001 and 2006, possibly as
part of a broader scheme.

A.4 – Ehtesham Qutubuddin Siddique

FIR/Arrest/Crime No.

102. To get insights regarding the arrests of the A.4 in relation to his
involvement in different blasts, a chart is produced herein below: –

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
68

CHART NO. 7

Sr. No. Cr. No. Police Station Place of Blast Date of Arrest

Matunga Railway
Station (Between Dadar
Mumbai Central

1. 77/06 to Matunga – while 12/08/2006
Railway Police Station
entering into Matunga
Railway jurisdiction)

Jogeshwari Railway
Andheri Railway Police Station (Train had just

2. 41/06 25/08/2006
Station departed from the
platform no.1)

Bandra Railway Station
Bandra Railway Police

3. 86/06 (Between Km Pole 08/09/2006
Station
No.15/1 C and 15/6 A)

Borivali Railway
Borivali Railway Police Station (Platform no. 4

4. 156/06 28/09/2006
Station of Borivali Railway
Station)

Train Passenger Who Identified A.4

103. On 11/07/06, PW-74 Vishal Parmar after the work was over,
received a call from his employer who directed him to go to the BMC
Bank at Dadar, therefore, at 5:15 p.m., he went to Churchgate Station
as he wanted to go to Dadar he went to platform no.3, he waited for
the 5:19 p.m. Virar fast train on platform 3. Two men asked him about
the train, then boarded ahead of him. One of them, carrying a black
rexine bag, unintentionally hit Parmar’s leg as they boarded. He sat in a
crowded first-class compartment, noticing the bag but not thinking
much of it. After stopping at Dadar, the two men exited quickly
without the bag.

104. Later, amid reports of bombings involving black bags, Parmar
recalled this incident. He approached the ATS police in Bhoiwada, met

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
69

Officer Patil, and gave his statement, later identifying accused
Ehtesham Siddique during the test identification parade conducted by
PW-80 SEO Purandare in Arthur Road jail.

105. PW-80 SEO Purandare adopted the same procedure for another
parade. In this parade witnesses PW-75 Amar Khan and Ajmeri Shaikh
identified A.4 Ehthesham and accused no.6 Mohd. Ali Alam Shaikh, in
connection with their role outside and in the house of Accused no.6
Mohd. Ali on the day when they had gone there.

Link Between Accused – Connection With SIMI – Conspiracy

106. During the interrogation of A.4 – Ehtesham, he disclosed that
A.2 – Tanveer, was teaching them how to make bombs with chemicals.
Both A.4 and A.2 faced charges under the Unlawful Activities
(Prevention) Act and for rioting at Kurla Police Station. PSI Kshirsagar
collected and presented the relevant chargesheets (Exts. 462-463). Ext.
462 shows that on 27/09/2001, A.4 and A.2 illegally assembled at the
banned SIMI office, while Ext. 463 indicates that on 28/09/2001, they
shouted anti-national slogans in support of SIMI near Kurla court.

107. A.3 – Faisal, in his confessional statement, stated before PW-40
Arvind Singh (Assistant Director of E.D) that A.2 and A.11 – Zameer
were sent to pakistan to get training in L-e-T camps via Iran route on
the reference of A.4.

108. It has come in the evidence of PW-174 (I.O of Cr. No. 156/2006)
that PI Dinesh Ahir had recovered literature connected with SIMI from
A.4 – Ehtesham in an LAC case. He was also convinced that, A.4 was
involved in the commission of the crime that he was investigating.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
70

109. It has come in the evidence of PW-75 that he met A.4 –
Ehtesham in SIMI programs, there used to be aggressive and
provocative speeches about jihad at the SIMl programs, that the jihad
that they were talking about was in respect of atrocities committed on
Muslims, that A.4 used to give such speeches.

110. PW-75 had gone with his friend Ajmeri Shaikh four or five days
before the blast to Shivaji Nagar in Govandi at A.6 – Mohd. Ali’s
house, before entering the house, they saw A.4 – Ehtesham entered the
house from outside with a tea kettle. They both entered the house
behind A.4, they saw three-four more persons sitting there, one person
was doing something with a wire, two- three newspapers were spread in
front of the persons, there was white and black coloured powder on the
newspapers, that when they greeted them, A.6 said they are busy in
some work and they would meet afterwards, therefore they came out of
the house.

111. PW-59 saw A.4 – Ehtesham along with A.2 – Tanveer, A.10 –
Suhail, A.9 – Muzzammil and A.13 – Asif at A.3’s house in February
2006, that they had gathered there for discussion on some special
subject, and later in March 2006, A.3 came to meet PW-59 at Mira
Road near Shams Masjid with A.3’s three friends, A.4, A.13 and A.2.

112. PW-65 Mehboob Qureshi (Hostile witness) had stated in his 161
statement that when A.4 – Ehtesham used to come to Mumbra, he used
to meet his brother-in-law (Sadu) A.8 – Abdul Wahid, that in May
2006 when he was in his shop Hamja General Stores, A.4 came to his
shop and asked him to give the keys of A.8’s house, that thereupon he

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
71

gave the keys of the room of the house in which A.8 used to live, i.e.,
202 (room no.2), 2nd floor, Moonlite building, B-wing, near Bharat
Gear company and Kalshekar college, Kausa, Mumbra, Thane to A.4,
at that time A.8 and his wife were not at home and there were five-six
other persons with A.4 and during that period A.4 took the keys from
him twice and took meetings.

113. It has come in the evidence of PW-186 that it was found that
there were cases against A.2 – Tanveer, A.4 – Ehtesham, A.7 – Sajid and
A.8 – Wahid, which were of similar nature and were under the
provisions of Section 153 A of the IPC or under the provisions of the
Unlawful Activities (Prevention) Act.

114. It has come in his evidence of PW-186 that when the
investigation came to him, the admissible evidence that was against A.4

– Ehtesham was the evidence about he being member of SIMI, that he
was arrested earlier in the offences under Unlawful Activities
(Prevention) Act, that at the time of arrest he was found in possession
of objectionable books, that he was continuing with the activities of the
SIMI even after the ban and collecting funds for the organization, that
he was knowing most of arrested accused in this case, etc. Further, A.4,
along with A.2 – Tanveer and A.6 – Mohd. Ali were supervising the
assembling of bombs.

115. Further, it is the case of the prosecution that the bomb blast that
exploded ahead of Mira Road Railway Station was planted by A.4
Ehtesham along with wanted accused Ammujaan.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:21 :::
72

A.5 – Mohd. Majid
FIR/Arrest/CR No

116. A.5 was arrested only in one crime; the details are given as under:

CHART NO. 8

Sr. No. Cr. No. Police Station Place of Blast Date of Arrest

Borivali Railway
Borivali Railway Station (Platform no.

1. 156/06 29/09/2006
Police Station 4 of Borivali Railway
Station)

Conspiracy – Link Between The Accused

117. PW-70 M. Shakeel, a childhood friend of A.5 – Majid, identified
him in court. He has told that A.5 resides nearby, that he knew one of
his relatives by name Asif, who stays in Bangladesh. PW-70 recounted
meeting Asif in Kolkata in December 2003 during his uncle’s wedding
and again in February 2006, when Asif came to Kolkata met him and
A.5. Asif told to PW-70 that he had come for some secret work about
which he cannot tell him and said that he would tell A.5 about the
work for which he had come. PW-70 asked A.5 about the work that
Asif told him. He said Asif had come to India for doing some work in
connection with the plight of Muslims in India and that he also wants
to do that work. PW-70 questioned A.5 as to why he is doing that
work. A.5 said that he is doing it as he wants to do something for Islam.
PW-70 did not feel it good as A.5 was not attentive to the business of
spectacles which PW-70 was doing with A.5.

118. One day, A.5 – Majid said that he wants to do some work about
jihad and that Asif and some of his friends are going to do some big
work for jihad. PW-70 was shocked on hearing this and told A.5 that

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
73

he does not want to do that work and he does not want to be concerned
with it. While talking with A.5, he came to know that A.5 is in contact
with some person of Lashkar-e-Taiba in Mumbai and during the second
or third week of May 2006, A.5 told PW-70 that some persons are to
be brought from Bongaon on the border of India and Bangladesh,
therefore, one day A.5 and PW-70 went to Bongaon by train. At that
time, A.5 was talking with Asif and Munna on his mobile. On reaching
Bongaon, PW-70 and A.5 went towards the Bongaon market area.
After some time, Munna came with six persons. They greeted A.5 and
told their names, they were Abu Bakar, Sabir, Kasam Ali, Ammujaan,
Abu Hassan and Ehsanulla, all wanted accused.

119. PW-70, A.5 – Majid and the six wanted accused went to a
nearby hotel for tea. All of them were between 20 to 30 years of age, all
of them gave their passports to Munna. PW-70 could gather from the
passports that those persons were from Pakistan as the name Pakistan
was written on the covers of the passports. Munna took the passports
and left them.

120. PW-70, A.5 – Majid and those six wanted accused persons went
by two rickshaws to the railway station. A.5 purchased eight tickets for
going back to Kolkata. During their talk, PW-70 came to know that
those wanted accused persons are from Pakistan and are sent by wanted
accused Azam Cheema, commander of Lashkar-e-taiba in Pakistan.
After reaching Kolkata, PW-70 went to his house and the six wanted
accused persons went with A.5 to his house. PW-70 told A.5 that he is
not ready to do that work as it is not a good work and that he is a small
man and has business, but A.5 was not ready to listen.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
74

121. That wanted accused Azam Cheema sent six persons from
Bangladesh in May 2006, who were collected by A.5 and brought to
Mumbai and handed over to A.13 – Asif, who made arrangements for
their stay, that the names of those persons were disclosed as wanted
accused Sabir, wanted accused Ammu Jaan, wanted accused
Ehsanullah, wanted accused Abu Hasan, wanted accused Abu Bakar
and wanted accused Kasam Ali, all of them Pakistani nationals and it
was disclosed that wanted accused Ehsanullah had brought about 15
kgs of RDX with him.

122. The six wanted accused persons who had come from Bangladesh
border had assembled in the house of A.8 – Wahid, and from there,
they were taken away by A.5 – Majid and A.5 dispatched them out of
India from the Bangladesh border.

Evidence Of Hotel Manager-(PW-141) (Hotel Heena At Bhendi Bazar)

123. It has come in the evidence of PW-141 Jairam Mahabal Shetty
that he was in Mumbai from 2001 to 2007 working at his brother’s
Hotel Heena in Bhendi Bazar. The ATS police had come to the hotel
on 03/11/06 for making inquiries, that they wanted·to know whether a
person by name Mohd. Majid and four-five persons whose names they
gave, had stayed in the hotel, that on seeing the register he saw entry in
the name of Mohd. Majid, who had stayed in room no. 401 in the hotel
for three days from 04/01/04 upto 06/01/04 and Shami, Asif, Pappu
and Mohsin, who had come from Kolkata, had stayed with him.

124. It has come in his evidence that he was present when the entry
no. 6 (Exh.1569) was made by A.5, who had signed it.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
75

125. A.5 – Majid had again come on 10/01/04 and stayed in the
hotel in room no. 401 along with the same persons, that they had come
from Kolkata and stayed upto 14/01/04 and person by name Shami
had signed the entry no. 38 (Exh.1570), which was made by A.5 who
had signed it and there was a talk between them when the persons left
the hotel on 14/01/04, that they said that the lodging charges were less
in Bangladesh and Pakistan than in Mumbai. That the photocopies of
the said pages of the register were taken by the ATS when he was called
to the ATS office, Bhoiwada.

A.6 – Shaikh Mohd. Ali Alam Shaikh

FIR / Arrest / Crime No.

126. A.6 was arrested only for one crime; the details are given as under:

CHART NO. 9

Sr. No. Cr. No. Police Station Place of Blast Date of Arrest

Borivali Railway
Borivali Railway Station (Platform no. 4

1. 156/06 29/09/2006
Police Station of Borivali Railway
Station)

House Search

127. On 29/09/06, the team consisting of ACP Shengal, PI Tajne-
PW- 161(Assistant IO) and staff took the house search of A.6 Mohd. Ali
and they came back to the office and handed over the house search
panchanama Ext. 716 to him and reported that during the search one
Kanchan pressure cooker was seized and they had noticed two black
and white spots in the box type cot in the house, that they had taken

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
76

swabs of the spots and had seized the swabs and the pressure cooker
was kept in a plastic bag and seized, that the packets of the cotton swabs
were marked as Exb- A and B and the cooker was marked as Exb-C,
that the said articles were deposited in the muddemal room.

128. PW-161 and PW-58(Panch Witness) have identified the A.6 and
also identifies the articles that were seized i.e cotton swabs Art 301 and
Art. 302, pressure cooker Art 303 and rubber ring Art-337 in the
court.

129. Contents of the FSL report Ext. 2383 show that cyclonite
(RDX) and charcoal were detected on one swab and ammonium,
nitrate and traces of cyclonite (RDX) were detected on the other swab.

Identification Of Accused

130. PW-75 Amar Sardar Khan is a witness who has been examined
to establish the conspiracy. All the Accused had assembled at the house
of A.6 at Govandi for assembling the bombs which at that particular
time the witness did not pursue, but it was only later when his friend
Ajmeri Shaikh brought the Mumbai Mirror newspaper to him and he
read about the arrest of A.6 and others. That he realized that A.2, A.4,
A.6 and others whom he had seen on that particular day all sitting in
the house of A.6 with two three newspaper spread in front on them, a
black coloured power on the said newspapers and some wires were
there. It was thereafter that he approached the ATS and his statement
came to be recorded and later in TIP he also identified A.6.

131. The Test Identification Parade was held by PW-80 SEO
purandare wherein witnesses PW-75 Amar Khan and Ajmeri Shaikh

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
77

identified accused no.6 Mohd. Ali Alam Shaikh and stated that they
had seen some persons at the A. 6’s house before 4-5 days of the blast
and one person was doing something with wires, and they had also seen
black-colored powder on the newspapers.

Link Between The Accused – Connection With SIMI/Conspiracy

132. PW-75-Amar Sardar Khan stated that he met accused no.6
Mohd Ali in the programs of SIMI that he attended and has identified
him in the court.

133. PW-75 had gone with his friend, Ajmeri Shaikh, four or five
days before the blast to Shivaji Nagar in Govandi, that Ajmeri parked
the motorcycle outside a lane and they were walking in that lane as
A.6’s house is in that lane, they were at some distance from A.6’s house,
they saw A.2 – Tanveer standing outside his house looking around. At
that time A.6 came out of the house in a hurry and said something to
A.2. Then A.2 and A.6 both went inside the house. At the same time,
A.4 – Ehtesham entered the house from outside with a tea kettle. They
both entered the house following A.4. There they saw that three-four
more persons sitting there, one person was doing something with a
wire, two- three newspapers were spread in front of the persons, there
was white and black coloured powder on the newspapers, that when
they greeted them, A.6 said they are busy in some work and they would
meet afterwards, therefore they came out of the house.

134. It has also come in the evidence of PW-76 Vijay Ambekar ( PC,
Crime branch) that he knew one Ajmeri Shaikh and on 28/10/06
Ajmeri Shaikh came to his house at about 10:00-10:30a.m with his

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
78

friend Amar Khan and said he wants to talk to him about something
special and confidential. Ajmeri Shaikh looked around to confirm that
no one is hearing him and then showed him the issue of Mumbai
Mirror dated 01/10/06 Ext, 810 that was with him, that it was in the
news item that two or three days before the bomb blasts, bombs were
prepared in the house of A.6 Mohd. Ali in the presence of some
Pakistani persons, that Ajmeri Shaikh further told him that two or three
days before the blasts he and his friend PW-75 Amar Khan had gone to
the Shivaji Nagar area in Govandi in the afternoon and had gone to the
house of A.6, their friend, as they had not met him since many months.

135. Ajmeri told PW-76 that when they went to A.6 – Mohd. Ali’s
house, they saw A.2 – Tanveer, A.4 – Ehtesham and three unknown
persons present in A.6’s house, that he wondered as to how A.6, A.2
and A.4 were together, where Ajmeri saw an electric wire in the hands
of one unknown person and that he was joining the wires, there were
heaps of black, gray and white powder in front of the other two
unknown persons.

136. It has come in the evidence of PW-186 ACP Patil that it was
disclosed in the investigation that A.6 – Mohd. Ali was having a
passport, that by using the said passport he had gone to Dubai and then
to Pakistan for terrorist training, thereafter, he came back to Dubai and
from Dubai he went to Nepal and from Nepal he entered in India, that
it was disclosed that he had used this route to hide his visit to Pakistan
and the passport was not traceable and it was suspected that he had
destroyed it.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
79

137. It was found during the investigation that the leaders of the
Lashkar-e-Taiba organization made use of the SIMI cadre because their
ideologies are similar, that one of the commanders of Lashkar-e-Taiba
wanted accused Azam Cheema @ Babaji had played a vital role behind
the activities of arrested accused as an organized crime syndicate.
Wanted accused Azam Cheema had arranged for the training of A.6
Mohd. Ali, in the camps of Lashkar-e-Talba situated in Pakistan.

A.7 – Mohd. Sajid Margoob Ansari

FIR / Arrest / Crime No.

138. A.7 was arrested only for one crime; the details are given as under:

CHART NO. 10

Sr. No. Cr. No. Police Station Place of Blast Date of Arrest

Borivali Railway
Borivali Railway Station (Platform no. 4

1. 156/06 29/09/2006
Police Station of Borivali Railway
Station)

House Search

139. During the course of investigation, A.7 – Sajid was being
interrogated on 23/10/06 at Juhu Unit by PI Tonapi, PI Deshmukh
and staff. At that time, A.7 expressed his desire to make a voluntary
statement. Therefore, two panchas were called by the staff. PI Tonapi
(PW-155) recorded the events chronologically as dictated by PI
Deshmukh. PI Tonapi gave his name as ‘Sajid Margub Ansari’ on being
asked before the panchas and made the statement in Hindi Ext. 1479
before them voluntarily disclosing that he would show the place where

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
80

the articles used for making timer circuit devices were kept, which he
wrote down.

140. PI Tonapi, PI Deshmukh, staff, PW-129 Raju Tapi (Panch
witness), one another panch and A.7 – Sajid went to Malvani Gate No.
6 via Link Road. A.7 asked to stop the vehicle near Mother Teresa
School. They got down from the vehicle, went ahead, and went
through a small lane by the side to a ladder. A.7 was walking in front of
PI Deshmukh. They were behind him. There was a board outside the
house containing the words in English “Valid Tanjeem’. They followed
him inside the room on the first floor. An old person was sitting there.
There were two parts in that room. The old person was sitting in one
part, there were 5-6 computers in the other part.

141. A.7 – Sajid asked the old man to give the keys to his drawer. The
old man, i.e. Mushtaq Ali gave him a key, by which he opened one of
the drawers of the computer table, took out one plastic bag with the
name ‘Priya Gold”.

142. A.7 – Sajid took out the articles from the plastic bag and put
them on the table. The articles were – one soldering gun, four pieces of
soldering wire, soldering paste, one screwdriver, two stainless steel
tweezers, one multimeter, one packet of Airtel recharge voucher with a
sticker containing Sim number and mobile number and certain electric
components like – resistors, capacitors, one coil, transistors, LEDs,
diodes, etc. These articles were seized and taken in possession and the
panchanama Ext. 1480 was completed.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
81

143. Contents of the FSL report Ext. 2392 show that Art-346 is a 35
watt soldering rod, in working condition and used earlier. Art-347 (1 to

4), the four pieces of soldering wire are used to connect electronic
components on PCB and Art-350 is a multimeter in working-
condition. Art-351 (1 and 2) are two stainless steel tweezers in working
condition, Art-352. is a T-6 type screw driver particularly used for
mobile repairing in working condition, Arts-354(1 to 22) are resistors
of different values in working condition, Arts-355 (1 and 2) are two
electrolytic capacitors in working condition, Art-356 is silvery white
metallic wire wound on graphite rod, Art-357 (1 to 8) are transistors in
working condition, Art-358 (1 to 9) are red coloured Light Emitting
Diodes (LEDs) in working condition, Art-359 (1 to.6) are Zener
Diodes, generally used as voltage regulator and appeared to be in
working condition.

Identification Of Accused/Important Witness

144. PW-80 SEO purandare conducted the Test Identification parade
on 07/11/06 at Arthur Road Jail, wherein PW-75 Amar Sardar Khan
identified Mohd. Sajid. Amar Khan as the person who was present in
the house of A.6 Mohd. Ali and was doing something with a wire.
Ajmeri Sheikh, a friend of PW-75, who went to A.6’s house at Govandi
with PW-75 before 4 to 5 days of the blast, also identified A.7 in the
TIP conducted on 07/11/06 by SEO Purandare.

Link Between Accused Persons – Connection With SIMI – Conspiracy

145. It was found that there were cases against A.7 – Sajid, A.2 –
Tanveer, A.4 – Ehtesham, and A.8 – Abdul Wahid, which were of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
82

similar nature and were under the provisions of Section 153A of the
IPC or under the provisions of the Unlawful Activities (Prevention) Act.

146. Evidence shows that the Pakistani persons were staying at three
places in Mumbai, i.e., at the residence of A.3 Faisal at Bandra, at the
residence of A.7 Sajid at Mira Road and in the office of SIMI at Mira
Road. After the blasts, they went to the residence of A.8 Abdul Wahid
at Mumbra.

147. Some of the accused persons had organized a meeting in the
month of February 2006 and discussed the proposal of wanted accused
Azam Chima, who had promised the accused persons that he would
send about 12 people from Pakistan, who would help them in
assembling explosive and triggering devices. Wanted accused Azam
Cheema had also promised to send high explosives along with those
persons. Similarly, wanted accused Azam Cheema sent two persons
from the Nepal border and they were collected by A.1 Kamal and
brought to Mumbai and handed over to A.7 Sajid, who arranged for
their stay. Their names were disclosed as wanted accused Aslam and
wanted accused Hafizullah.

148. The wanted accused persons and two dead accused were staying
in the safe houses arranged by A.13 Asif Khan, A.3 Faisal and A.7 Sajid.

149. All the accused decided to assemble the explosive devices in the
house of A.6 Mohd. Ali, situated at Govandi. Three days prior to the
explosions, the explosive devices were assembled by A.7 Sajid and
experts in assembling explosive devices, i.e., wanted accused Sohail
Shaikh from Pune, who had come from Pakistan and one more
Pakistani wanted accused. On the night of 10/07/06, the assembled

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
83

explosive devices were transported in the motor car no. MH-01-V-9568
belonging to A.3 Faisal and in one taxi, by A.3 Faisal, A.12 Naveed,
A.7 Sajid and the Pakistani nationals and taken to the house of A.3
Faisal and stored there.

150. It has come in the evidence of PW-65 Mehmoob Qureshi
(Hostile witness regarding SIMI Activities) that the office of the SIMI was
at Kurla Pipe Road where he used to go sometimes. Similar types of
programs used to be conducted there. In the year 2000, he had visited
Akola for a convention of SIMI. He became acquainted with the
workers of SIMI, they were A.8 Abdul Wahid, A.7 Sajid, Irshad Khan,
who was the Maharashtra President, etc. PW-65 has identified A.8
Abdul Wahid and A.7 Sajid in the court. PW-65 stated that he knows
some SIMI activists, out of which A.7 Sajid is his brother-in-law.

151. PW-78 Shaikh Noman Ahmed (Hostile witness) had stated that
there was a program at the house of A.7 Sajid Ansari in 2003 and in
that program A.2 Tanveer Ansari, A.4 Ehtesham Siddiqui, Shanu and
many others were present.

A.10 – Suhail Shaikh

Fir/Arrest/Cr. No

152. To get insights regarding the arrests of the A.10 in relation to his
involvement in different blasts, a chart is produced herein below: –

CHART NO. 11

   Sr.                                                                      Date of
            Cr. No.        Police Station        Place of Blast
   No.                                                                      Arrest

     1.      77/06        Mumbai Central    Matunga Railway Station      25/07/2006
                          Railway Police      (Between Dadar to
                              Station       Matunga - while entering




::: Uploaded on - 21/07/2025                           ::: Downloaded on - 21/07/2025 22:30:22 :::
                                  84

                                              into Matunga Railway
                                                   jurisdiction)

                                               Jogeshwari Railway
                         Andheri Railway      Station (Train had just
    2.       41/06                                                        06/08/2006
                          Police Station        departed from the
                                                  platform no.1)

                                             Bandra Railway Station
                          Bandra Railway
    3.       86/06                             (Between Km Pole           21/08/2006
                          Police Station
                                             No.15/1 C and 15/6 A)

                                              Mira Road (The train
                                              had just departed Mira
                        Vasai Road Railway
    4.       59/06                             Road Station - It was      16/09/2006
                          Police Station
                                              between KM Pole no.
                                                  40/8 & 41/4)

                                             Borivali Railway Station
                          Borivali Railway
    5.      156/06                              (Platform no. 4 of        30/09/2006
                           Police Station
                                             Borivali Railway Station)

House Search Of Suhail Shaikh (A.10), Rizwan Dawrey And Abdul
Rehman Dawrey

153. A.10 – Suhail used to reside in Pune. Therefore, A.10’s residence
in Pune was searched after consulting with ACP Tawde. PW-176
directed API Kadam and PSI Gaikwad went to Pune with A.10 to
conduct a search of A.10’s house and conduct the search of the house of
Rizwan Dawrey; therefore, a house search of A.10 and Rizwan Dawrey
was conducted as they were directed.

154. When they entered the house of A.10, his mother, wife and two
brothers were present in the house, police started the search, there was a
cupboard on the right side,police opened it, in the middle drawer they
found four audio cassettes some cassettes were titled ‘Al-Quran’ and
some were titled ‘Beauty of Islam, a passport in his name, a Samsung
mobile, six books two books were titled ‘SIMI, Student Islamic

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
85

Movement of India’, the address of SIMI’s office of Delhi was at the
bottom of the front cover, two books were titled ‘Tehrik-e-Millat,
Atankwad ka jimmedar kaun’ and two books were titled ‘April-2004′
Tehrik-e-Millat;, two maps and one ISD call rate card, two chits stapled
to that card on which names and phone numbers were written, two of
the books were green coloured, one of the maps was of Asia continent,
a route from Salet, Tehran in Iran upto Muzzafarabad in Pakistan was
marked on this map, there were some numbers in handwriting and e-
mail ID and the other map was titled Map of Mumbai’, certain spots in,
Mumbai like Veer Savarkar Marg, Dadar, Mahalaxmi Temple, Reserve
Bank of India, Zaveri Bazar, etc, were marked in red ink encircled by
green ink on this map, a tariff card of ISD calls was found.

155. While searching Rizwan Dawrey’s house police received details
of Rizwan from his father- Mohd. Hussain that he is in Saudi Arabia,
he had gone to Saudi Arabia on 06/04/06 and, found items in his
cupboard, including books titled “India’s Muslim Problem” “Islamic
Directives to Reform the Individuals and Community” and
photocopies of passports for Rizwan and his wife, which were seized
(Arts. 304-307).

156. Additionally, Rizwan’s father informed the police that his elder
son Abdul Rehman Dawrey (Rizwan’s brother) resides in flat no. 202
of the ‘C’ wing in the same building. Therefore, they went to flat 202,
where Abdul Rehman Dawrey revealed that Rizwan sent money for
accused number 3. Abdul rehman Dawrey produced white closed
envelope which was opened and they found Saudi Arabian Riyals- 22
notes of 500 riyals and one note of 200 riyals.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
86

Link Between Accused – Connection With SIMI- Visit To Pakistan –
Conspiracy

157. It has come in the evidence of PW-71Abdul Rehman Dawrey
that wanted accused Rahil, A.3 – Faisal, A.13 – Asif, Firoz and others
whose names he does not remember, used to come to the office of the
SIMI, that besides Kuran and Hadis; there used to be discussions about
Muslim issues like arrests of Muslims and the atrocities on the Muslims,
the persons whose names he told and the persons whose names he does
not remember used to make the above discussions. He has identified
A.10, A.3 and A.9.

158. A.3 – Faisal, in his confessional statement, stated before the
Assistant Director of E.D (PW-40) that out of the amount of
Rs.1,80,000/- received by him in July 2002, he had made a payment of
Re. 1/- lakh to A.10 – Suhail for sending him to Pakistan for training in
L-e-T camp. A.10 have returned from Pakistan after getting training in
L-e-T camp and told him that he ie. A.10 would be looking after the L-
e-T work and assignments in Pune, that for this work A.3 had been
paying Rs. 4000-5000/-occasionally to A.10 and have paid around Rs.
1.5 lakhs to him.

159. Literatures recovered from the house of A.10 are connected with
SIMI, A.10 continued working for the said organization and used to
take part in the activities of SIMI.

160. A.10 – Suhail had undergone terrorist training in handling of
arms and ammunition and explosives in the terrorist camp of Lashkar-
e-Taiba (L-e-T) situated at Muzzafarabad in Pak occupied Kashmir

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
87

(POK) of Pakistan and A.3 – Faisal had sent A.10, for militancy training
in Pakistan.

161. It had come to the notice that A.10 – Suhail had gone to Iran by
obtaining Ziyarat Visa and thereafter infiltrated into Pakistan by
clandestine way, and had contacted wanted accused Azam Cheema @
Babaji, who is a wanted accused in this case and who is one of the
commanders of L-e-T and that had sponsored accused persons training
in the training camp of L-e-T at Muzaffarabad.

162. PW-45 (Passport Agent) went to the ATS office on 08/08/06 as
the ATS police had telephoned him. Upon reaching there, the ATS
officer told him two names, i.e., Suhail Shaikh (A.10) and Firoz
Ghaswala and asked him whether these two persons had done the
ticketing and visa work from their office. He telephoned his office and
asked them to verify. After some time, it was informed that the
ticketing and visa work of A.10 – Suhail was done by their office and
only visa work of Firoz Ghaswala was done by their office. A.10 had
given his passport for visa in 2002.

163. PW-59 saw A.10 Suhail along with Ehtesham, Faisal, Suhail,
Muzzammil and Asif Khan at Faisal’s house in February 2006, that
they had gathered there for discussion on some special subject.

A.11 – Zameer Shaikh

Fir/Arrest/Cr. No

164. To get insights regarding the arrests of the A.11 in relation to his
involvement in different blasts, a chart is produced herein below: –

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
88

CHART NO. 12

   Sr.                                                                       Date of
            Cr. No.       Police Station         Place of Blast
   No.                                                                       Arrest

                                           Matunga Railway Station
                        Mumbai Central        (Between Dadar to
    1.      77/06       Railway Police     Matunga - while entering       25/07/2006
                            Station         into Matunga Railway
                                                 jurisdiction)

                                           Jogeshwari Railway Station
                        Andheri Railway
    2.       41/06                           (Train had just departed     06/08/2006
                        Police Station
                                             from the platform no.1)

                                             Bandra Railway Station
                         Bandra Railway
    3.      86/06                          (Between Km Pole No.15/1       21/08/2006
                         Police Station
                                                 C and 15/6 A)

                                           Mira Road (The train had
                          Vasai Road
                                            just departed Mira Road
    4.      59/06        Railway Police                                   16/09/2006
                                            Station - It was between
                             Station
                                           KM Pole no. 40/8 & 41/4)

                                            Borivali Railway Station
                        Borivali Railway
    5.      156/06                         (Platform no. 4 of Borivali    30/09/2006
                         Police Station
                                                Railway Station)


 House Search Of A.11

165. ACP Tawde directed PI Tonapi on 31/07/06 to conduct the
search of the house of arrested A.11 – Zameer. PW- 155 PI Tonapi along
with panchas and staff entered the house of A.11. There was a
nameplate on the room bearing the description ‘100-6/7, L Block,
Latifur Rehman’. A.11 – Zameer knocked on the door, it was opened by
a lady, whom he identified as his mother, A.11 Zameer led them to a
loft in that house, there was a wooden cupboard on the western side of
the loft, A.11 opened the cupboard, opened a drawer and took out a
passport in his name and photograph, they checked the passport, there
were stamps of Mumbai Immigration, Mehrabad airport and visa of
Iran.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
89

166. There were two booklets, one Tehrik-e-Millat Atankvad Ka
Jimmedar Kaun and the second was titled Tehrik-e-Millat Asia 2004,
another booklet titled ‘Road Map of Mumbai and Navi Mumbai’, it was
a road map of only Mumbai, certain places in the map were marked,
like RBI, Rajabai Tower, CST, Mumbadevi, Mahalaxmi and somewhere
near Century Bazar, another map containing portions of India,
Pakistan, Afghanistan, Oman and Iran, a route from India to Tehran,
Tehrari to Zaidan, Zaidan to Quetta, Quetta to Bahawalpur and
Bahawalpur to Muzaffarabad was marked, it also contained an
international number 0066 etc in writing, one E-mail ID,
‘[email protected]‘. A.11 produced a black wallet containing some
cash, two Canara Bank ATM-cum-debit cards, one in the name of
Latifur Rehman and other in the name of Zubair Ansari, one motor
driving license in his name and a small pocket diary containing some
names and some figures.

Link Between The Accused – Visit To Pakistan – Connection With
SIMI – Conspiracy

167. In 2005 or 2006, A.3 – Faisal had given the passport of A.11 –
Zameer for obtaining a visa for Iran, which he had given to agent PW-
44 Ashik Ali. PW-46 Mushtaq Ali (Passport Agent) said that A.3 used
to give such work to him every two-three months. The details of the
passport Art-133 are mentioned in the entry in the register Art-617. As
per the entry in the register, A.11 was to go to Iran in 2005. On going
through the passport Art-133, Ashik Ali stated that A.11 had gone to
Iran but not for Ziarat, because persons who go for Ziarat take Niyaz or
Prasad and a stamp is put on their passport to show that they had taken
the Niyaz and there is no such round stamp on the passport Art 133.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
90

168. A.11 – Zameer had gone to Iran by obtaining ziarat visa and
thereafter infiltrated into Pakistan by clandestine way, and had
contacted wanted accused Azam Cheema @ Babaji, who is a wanted
accused in this case and who is one of the commanders of L-e-T and
that had sponsored accused persons training in the training camp of L-
e-T at Muzaffarabad.

169. A.3 – Faisal, in his confessional statement, stated before the PW-
40 Arvind Singh (Assistant Director of E.D) that he had sent A.11 –
Zameer, SIMI activist, in 2004, Feroz Ghaswala and Mohd. Ali Chipa
in 2005 and Zulfiquar Faiyaz in 2006 to get training in L-e-T camps
via Iran route. He further stated that A.11 was sent on the reference of
A.4 – Ehtesham.

170. PW-95 Tafheem Akmal Hashmi (hostile witness) joined the
Pakistan Army in 1993 or 1994 and was a hawaldar when he left
service and was posted in 637, Infantry in Bimber in Azad Kashmir. He
left army for the first time in 1994 or 1995 and joined the Mujahideen
thereafter. He had stated that when he was in police custody in Bombay
he was kept in lockup, that there were other persons kept in separate
lockups, that they were A.3 – Faisal, A.11 – Zameer, A.9 – Muzzammil,
Shakil Warsi and A.2 – Tanveer. A.11, while in custody, told him that he
had been to Pakistan for training with Lashkar-e-Taiba and that he had
taken the training for 10 days.

171. Literatures recovered from the house of A.11 are connected with
SIMI. A.11 continued working for the said organization and used to
take part in the activities of SIMI.

172. A.11 – Zameer had undergone terrorist training in handling of
arms and ammunition and explosives in the terrorist camp of Lashkar-

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
91

e-Taiba (L-e-T) situated at Muzzafarabad in Pak occupied Kashmir
(POK) of Pakistan and A.3 – Faisal had sent A.11, for militancy training
in Pakistan.

173. It was found during the investigation that the leaders of the
Lashkar-e-Taiba organization made use of the SIMI cadre because their
ideologies are similar, that one of the commanders of Lashkar-e-Taiba
wanted accused Azam Cheema @ Babaji had played a vital role behind
the activities of arrested accused as an organized crime syndicate.
Wanted accused Azam Cheema had arranged for the training of A.11
Zameer and his other co-accused in the camps of Lashkar-e-Talba
situated in Pakistan.

A.12 – Naveed Khan

Fir/Arrest/Cr. No

174. A.12 was arrested only for one crime; the details are given as under:

CHART NO. 13

Sr. No. Cr. No. Police Station Place of Blast Date of Arrest

Borivali Railway Station
Borivali Railway

1. 156/06 (Platform no. 4 of 30/09/2006
Police Station
Borivali Railway Station)

Involvement Of A.12 – Link Between Accused – Recovery From Maruti
Car

175. PI Khanvilkar, his staff, API Dudhgaokar and PSI Sachin Kadam
were inquiring with A.12 – Naveed on 22/10/06, arrested in CR. No
05/06 of ATS Police Station, Mumbai. A.12 expressed his desire to
disclose certain important information concerning the crime. He gave

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
92

the statement (Ext.636) before two panchas, in which he wrote, that he
is ready to show the places where he had gone, to show the spot where
he had kept the car and to show the person to whom he had given the
key of the car on the instructions of A.7 – Sajid.

176. They went to Shivaji Nagar, Govandi and proceeded towards
Geeta Vikas Beat Police Chowki and in the lane ahead of the chowki.
At some distance, in the lane, A.12 – Naveed asked them to stop the
vehicle. A.12 was going to show some places. A.12 led them on foot
towards Sandeep Tailor and told them that he had halted the Maruti
car there. He told them that A.3 – Faisal, A.7 – Sajid and two Pakistani
nationals had got down there. A.12 further told them that he had
remained standing near the car.

177. Thereafter, the vehicle was taken to Bandra Perry Cross Road,
where the vehicle was stopped as per A.12 – instructions. A.12 – Naveed
led them and they followed him and after crossing three ‘baithi chawls’,
A.12 pointed to a building and informed them that it was the Lucky
Villa building where A.3 – Faisal used to reside. Then, they went by the
staircase to the terrace of the building, there was a temporary structure
room on the terrace and A.12 pointed to it and informed them that this
was the residence of the A.3 where two Pakistanis used to reside with
A.3.

178. Thereafter, as per the direction of A.12 they went to Millat
Nagar, Andheri to Khar Danda, Santacruz, Juhu Chowpatty. He led
them to a compound in which there was Ocaz Shopping Center. There
was a four storied building in front of the shopping center to which he
pointed out and informed them that he had dropped A.3 Faisal below

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
93

that building and A.3 Faisal had gone to meet the Pakistani guests in
that building. There is an iron gate behind the building. A.12 – Naveed
informed them that he had halted the Maruti-800 vehicle near that
gate and had waited there for A.3 Faisal. On his direction, PSI Sachin
Kadam prepared a rough sketch of the spot Ext. 639. Then, A.12 led
them to the compound of AL Hatim Building and pointed out a white
Maruti 800 car amongst other cars that were parked by the side of the
south compound wall and said that it was the car of A.3 Faisal.

179. The car was locked. A.12 – Naveed said that the key of that car is
in a building nearby. He led them to that building and to a room on the
fourth floor. A police officer knocked on the door. A person opened the
door, A.12 told him that he had come with the police and asked him to
give the keys of the car. The name of that person was Rizwan Khot.
Rizwan gave the keys of the car to him.

180. The police inspected the car by torch, they saw some black spots
on the back side of the driver seat; the black spots were wiped by three
cotton swabs. There were similar black spots in the boot, they wiped
the black spots by three cotton swabs and put them in separate plastic
bags, Police seized the car and took the keys. The report of the FSL Ext.
2391 was received and the contents of the report show that cyclonite
(RDX), petroleum hydrocarbon oil and charcoal, were detected on
three cotton swabs and ammonium, nitrate and nitrite radicals were
detected in the other three swabs and cyclonite (RDX), ammonium,
nitrate, nitrite, petroleum hydrocarbon oil and charcoal were detected
in the car.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
94

Conspiracy

181. Mohd. Alam (PW-59) Stated in his evidence that during the
month of june 2006, A.3 – Faisal Shaikh had introduced him to one
Rizwan Khot and during that period A. 3 had purchased a white
coloured Maruti 800 car. Mohd. Alam, Rizwan Khot, A.12 – Naveed
and A.3 – Faisal Shaikh used to go around in that car, which Rizwan
Khot used to drive.

182. In June 2006, A.3 – Faisal Shaikh called PW-59 Mohd. Alam
and A.12 – Naveed to his house. Then, they all went to a disco bar. As
they were at the disco bar upto late hours, they halted at PW-59 Mohd.
Alam’s house. On the next morning, A.3 – Faisal Shaikh told A.12 –
Naveed that because of the guests, his house is congested and that he
should make some arrangements for the guests. After some days, PW-
59 came to know from A.12 Naveed, that A.12 Naveed had made
arrangements of two guests of A.3 Faisal at Millat Nagar, Andheri.

183. All the accused decided to assemble the explosive devices in the
house of A.6.Mohd. Ali, situated at Govandi. On the night of 10/07/06
assembled explosive devices were transported in the motor car no. MH-
01-V-9568 belonging to A.3 Faisal and in one taxi, by A.3 Faisal,
accused no. 12 Naveed, accused no. 7 Sajid and the Pakistani nationals
and taken to the house of A.3 Faisal and stored there.

184. It has come in the evidence of PW-186 that it was disclosed in
the investigation that the bomb that exploded at Khar subway was
planted by accused no. 12 Naveed along with deceased accused Abu

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
95

Umed @ Abu Osama @ Mohd. Ali, who was killed in an encounter
later on.

A.13 – Asif Khan Bashir Khan @Junaid

Fir / Arrest / Crime No.

185. A.13 – Asif was arrested only for one crime; the details are given as
under:

CHART NO. 14

Sr.
Cr. No. Police Station Place of Blast Date of Arrest
No.

Borivali Railway Station
Borivali Railway

1. 156/06 (Platform no. 4 of 03/10/2006
Police Station
Borivali Railway Station)

Recovery

186. On 07/10/06, PI Tajne (PW-161) received a memo from the
chief IO instructing him to interrogate A.13 – Asif, alongside ACP
Tawde and PSI Kadam. During this interrogation on 09/10/06, A.13
made a voluntary statement(Ext. 664) in the presence of panchas,
indicating his willingness to reveal additional evidence. He then led the
team to Mira Road, stopping near Naya Nagar at Haidar Chowk, where
he directed them to a locked flat (no. 101) in A wing, claiming he had
lost the key. A keymaker was called to make a duplicate key, which PI
Tajne took possession of before entering the flat with A.13 and the
panchas.

187. A.13 – Asif led the police and panchas to a bedroom where he
retrieved a rexine bag hidden beneath suitcases. Upon opening the bag,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
96

he produced a white plastic bag containing approximately 2.7 kg of
white granules. When questioned about the granules, A.13 remained
silent. Due to the strong odor of the substances, the police suspected
they were explosives and collected two samples of 10 grams each,
placing them in separate plastic pouches for further examination.

188. Thereafter, A.13 – Asif took out a blue coloured plastic bag from
the other side of the rexine bag, containing 10 aluminum tubes to
which wires were joined (20 pieces of white wire). On examination,
they found them to be electronic detonators. They carefully kept those
detonators in plastic bottles and labels containing his and panchas’
signatures on the samples of granules and the plastic bottle containing
detonators and sealed them.

189. The rexine bag was having ash coloured, having chain and the
words ‘Hindustan ki Kasam’ on it, that there was a khaki coloured
cardboard box in a corner of that bedroom, that police asked A.13 – Asif
to open it, There were 23 books in Urdu language and 2 files
containing some documents. They noticed one computer set and CPU
while searching the hall, a copy of leave and licence agreement of that
flat, Reliance electric bills and some newspaper cuttings were in the
hall. PI Tajne seized all these articles under panchanama Ext. 665.

190. The report of the FSL (Ext. 2389) was received and the contents
of the FSL report show that Cyclonite (RDX), charcoal and petroleum
hydrocarbon oil were found in the blackish oily lumps in the rexine bag
in the percentage of 82.34%, 8.00% and 9.17% respectively and
ammonium and nitrate radicals are detected in the white granulated
powder.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
97

Train Passenger Who Identified A.13

191. PW-60 Kishore Popatlal Shah boarded the train going to Virar
from Churchgate station at 5:37 PM wherein two boys had boarded the
train at Bombay Central Station and kept a black colour bag on the
luggage rack. Then they got down at Dadar station and those persons
did not have the bag with them when they got down at Dadar.
Thereafter, he had gone towards the door on the east side to get down
at the next station i.e. Borivali. The train reached Borivali at 6:30 p.m.
When it was about to stop, that time the blast had taken place. He
along with other passengers who were standing in the door were
thrown on the platform.

192. Two days later, on 14/07/06, he reported his injuries and
suspicions about the two individuals to the Borivali Railway Police,
providing a description; however, police asked him to wait as they were
going to call a person who would prepare a sketch. He waited for some
time but the person did not come, therefore, he went back.

193. On being called, he went to the ATS office on 07/11/2006 for
the purpose of an identification parade, the parade was conducted by
PW-82 SEO Barve. When Kishore Popatlal Shah was taken inside the
room in Arthur Road jail, he identified a person, i.e. A.13 Asif Khan @
Junaid, standing at the 8th place out of the fourteen persons standing
in the row there. He told the SEO that A.13 was the person who had
kept the bag in the train on the day of the blast. SEO Barve asked A.13
his name which he told as Asif Bashir Khan.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
98

Taxi Driver Who Identified A.13

194. On the orders of his superiors, PW-175 PI Devram Dagadu
Wadmare searched for taxi drivers who may have transported
individuals from Bandra to Churchgate on the day of the 11/07/2006
blasts. After 15 days, he located taxi driver PW-57 Santosh Kedar Singh
at Hill Road, Bandra. PW-57 told PI Devram that he had a suspicion
about two persons. On 11/07/2006, around 3:15 to 3:30 p.m., he
picked up two passengers at Perry Road heading to Churchgate. One
had a heavy black bag and an umbrella. They asked him to drive
carefully as the articles that they had with them were delicate. One
passenger was medium-built, aged about 30-35, while the other was
thin, aged about 23-25.

195. PW-57 dropped them off at the subway for Churchgate station.
The fare was Rs. 180, but they paid with a Rs. 500 note. However, he
did not have change to return the the balance amount. Therefore, he
told them that he would bring it and they should wait for two minutes.
However, those two persons were in a hurry and told him to keep the
change and got off the taxi, taking the bag with them.

196. On being called, PW-63 had gone to the ATS office at Bhoiwada
on 07/11/06 for the purpose of an identification parade. There, he met
ACP Patil (PW-186), who told him that he would be required to go for
identifying the persons whom he had taken in his taxi. The parade was
conducted by PW-82 SEO Barve. When PW-63 went inside the room
in Arthur Road Jail, there were fourteen persons standing there. SEO
Barve(PW-82) asked him to look at them and see whether he could
identify anyone. He looked at those persons and identified one person,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
99

ie, A.13 Asif Khan as one of the persons who had traveled in his taxi on
that day. SEO Barve asked him his name, which he told as Asif Bashir
Khan.

Link Between Accused – Connection With SIMI- Conspiracy

197. PW-174 Prasad Khandekar came to know that A.13 – Asif is an
active member of the SIMI and there were some cases filed against him
at Jalgaon. He told ACP Tawde that he wanted information about the
cases, so he sent a letter and then deputed an officer to collect the
information. Two crimes were registered against him in jalgaon under
the Explosives Substances Act and IPC. PW-180- API Padmakar
Pandharinath went to the SP office of Jalgaon and met the concerned
officers in the District Special Branch, who were handling the cell of
SIMI activists. They showed him the record of SIMI activists. The
name of A.13 and his photograph was in the record and there was
information in it that he was the President of Jalgaon unit of SIMI and
there were two crimes registered against him.

198. In February 2006, once PW-59 (Mohd. Alam Gulam Qureshi)
went to the house of A.3 – Faisal. At that time, he saw 5-6 persons in
his house. They had gathered there for discussion on some special
subject. A.3 introduced those guests to PW-59. One of them was by
name Asif Khan (A.13). Thereafter, in March 2006, A.3 came to meet
PW-59 at Mira Road near Shams Masjid with his three friends, A.13 –
Asif, A.2 – Tanveer and A.4 – Ehtesham.

199. PW-65- Mehmood Qureshi (Hostile witness) had stated to the
police that when he had gone to Akola for a convention of SIMI.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
100

Ashraf Jafari and Shahid Badar Falai of SIMI had come there from
Delhi. A.13 – Asif and others were present in that convention. He
further stated to the police the names of twenty-four SIMI activists and
addresses of some and mobile numbers of some, including A.13 – Asif,
A.4 – Ehtesham, A.2 – Tanveer, A.7 – Sajid, and A.8 – Abdul Wahid.

200. PW-78 Shaikh Noman Ahmed (Hostile witness) had stated to
the police that there was a program at the house of A.7 Sajid Ansari in
2003 and in that program, people were desirous of giving some post in
the SIMl organization to A.13 Asif Khan.

201. During the course of investigation, 26,200 Saudi Riyals were
recovered, some from the residence of A.3 – Faisal and some from
witness Abdul Rehman Dawrey, which were meant for A.3. Wanted
accused Azam Cheema had asked A.3, A.13 and others to make
preparations for bomb blasts strike in the city of Mumbai.

202. The wanted accused Azam Cheema sent six persons from
Bangladesh in May 2006, who were collected by A.5 – Majid and
brought to Mumbai and handed over to A.13 – Asif, who made
arrangements for their stay. The names of those persons were disclosed
as wanted accused Sabir, wanted accused Ammu Jaan, wanted accused
Ehsanullah, wanted accused Abu Hasan, wanted accused Abu Bakar
and wanted accused Kasam Ali, all of them Pakistani nationals and it
was disclosed that wanted accused Ehsanullah had brought about 15
kgs of RDX with him. The wanted accused persons and two dead
accused were staying in the safe houses arranged by A.13, A.3 and A.7.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
101

203. It was also disclosed that the bomb exploded at Borivali Railway
Station was planted by A.13 – Asif along with wanted accused Sabir.
During the investigation, 500 gms black powder was recovered from
A.1 – Kamal. Samples of black and white spots were noticed in the
houses of A.3 – Faisal and A.6 – Mohd. Ali and in the hand bag
recovered at the instance of A.13 – Asif. The CA reports about these
articles are received showing similar explosive substances as found at
the spots.

PERSONS AFFECTED INCLUDING DIED AND INJURED AND
DOCTOR’S EVIDENCE REGARDING POSTMORTEM
(Reproduced from the Trial Court Judgment)

C. R. No. 77 of 2006 of Mumbai Central Railway Police Station:-

204. On the orders of the superior officers, Dadar Railway Police
Station and Bhoiwada Police Station officers prepared inquest
panchanamas on the dead bodies that were in the KEM hospital and
Sion Police Station officers prepared inquest panchanamas on the dead
bodies that were in the Sion hospital. These three police stations
registered ADRs at zero numbers and sent the inquest panchanamas to
Mumbai Central Railway Police Station, on receipt of which, ADRs
were registered and the inquest panchanamas were included in the
respective CRs. These three police stations had handed over all dead
bodies, except one, to the claimants directly. 28 persons had died in the
Matunga blast vide inquest panchanamas, memorandum of post-
mortem examinations and cause of death certificates, Exts. 854, 856,
865, 866, 873, 874, 878, 1143, 1144, 1157 to 1160, 1163 to 1166, 1871
to 1890. The relevant details thereof are given in the table below:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
102

CHART NO. 15

(Reproduced from the Trial Court Judgment)

Sr. No. Name of Deceased 1 Prabhakar Shantaram Ghume 2 Nand Vallabh Sadanand Daundiyal 3 Rajan Rohidas Naik 4 Ramesh Kashinath Raut 5 Salim, Pakistani National 6 Bhairinath Krishna Salvi 7 Manual Kustin D’Souza 8 Nitin Sukhlal Patil 9 10 Sojiram Modulal Meena 11 12 13 14 Mohammad Salim Kundiwala 15 Suresh Chandra Sarangadhari Pandey 16 Hemant Sakharam Vaidya 17 Manohar Vaman Raut 18 Sandeep Bhavani Zavar 19 Sandeep Hari Bhosale 20 Dushyant Madhukar Bhoir 21 Gokul Birdhichand Sharma 22 Cyrus Jehangir Munshi 23 Francis John Louis 24 Ricard Augustine D’Monte 25 Manish Rameshchandra Manihar Exhibit numbers of
memorandum of post-mortem
examinations, cause of death
certificates and inquest
panchnamas
1157, 1158, 1879
1163, 1164, 1883
1159, 1160, 1885
1143, 1144, 1886
1165, 1166
1867
874, 1868
854, 1869
Girish Baliram Talpade 873
856, 1870
Sumant Dilip Day 865
Babulal Durlabhbhai Waghani 866
Jagannathan Narisngappa Gundappa 878
1871
1872
1873
1874
1875
1876 & 1890
1877
1878
1880
1881
1882
1884

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
103

26 Sharad Krishna Bobhate 1887
27 Mohd. Javed Naseem Ahmed Shaik 1888
28 Shankar Ramdin Gupta 1889

205. Out of the above, post-mortem examinations were done on 18
bodies at Sion Hospital and on 10 bodies at KEM Hospital. Random
post-mortem examinations of two bodies of deceased Nitin Sukhlal
Patil and Shojiram Modulal Meena were done, the memorandums of
which are at Exts.854 and 856 respectively. The opinions as to the
probable causes of deaths mentioned in the memorandums of post-
mortem examinations and cause of death certificates were explosive
cranio cerebral trauma, terminal cardio respiratory failure due to
septicemia in operated case of contaminated grievous facial and left
foot injuries, shock due to polytrauma/multiple injuries, haemorrhage
and shock due to multiple injuries, head injury as a result of bomb
explosion, etc.

206. Dr. Dhirendra Shantilal Balsara, (PW-83) (Ext.846), and Dr.
Walter Francis Vaz, (PW-84) (Ext.872), of KEM Hospital had
performed the post-mortem on the dead body of Nitin Sukhlal Patil
and had recovered fragments of shrapnel for metallurgical analysis,
Arts. 313(colly), pieces of burnt/partially burnt explosive material, Arts.
314(colly), and blood for grouping and for chemical analysis from the
dead body, which he forwarded to the FSL alongwith his forwarding
letters, office copies of which are at Exts.848 to 850. Infact HC
Shrimant Maruti Jadhav, (PW-90) (Ext.896), took the sample bottles
from the hospital on 24/07/06 and reached them to the FSL, Kalina
alongwith the forwarding letter of his police station, office copy of
which is at Ext.898. The reports of the FSL, Exts. 851 to 853 were

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
104

received by the hospital and they were sent to the police station. The
reports, Exts.851 and 852, showed that Nitrite (post explosive residue)
was detected in the splinters and pieces of burnt/partially burnt
explosive material that were recovered from the dead body of Nitin
Sukhlal Patil.

207. Both the above doctors had also performed post-mortem on the
dead body of Shojiram Modulal Meena and had recovered fragments of
shrapnel for metallurgical analysis, Arts.315(colly), pieces of
burnt/partially burnt explosive material, Arts.316 (colly), and blood for
grouping and chemical analysis from the dead body and had sent them
to the FSL alongwith Dr. Balsara’s forwarding letter, copy of which is at
Exts.857 to 859. HC Jadhav, PW-90, had taken the sample bottles
from the hospital and had reached them to the FSL alongwith the
forwarding letter of his police station, office copy of which is at
Ext.897. FSL reports, Exts.860 to 862, were received by the hospital
and sent to the police station. They showed that Nitrite (post explosive
residue) was detected in the splinters and brownish material taken out
from the dead body of Shojiram Modulal Meena. The cause of death
was hemorrhagic shock in a bomb blast, cerebral and spinal concussion
and massive bilateral pulmonary contusion as effects of a bomb blast
(unnatural) and that all the external and internal injuries were
collectively responsible for the death of that person and all the external
injuries may have been caused in a high explosive blast and the internal
injuries corresponded to the external injuries. Sion Hospital had also
forwarded a sealed bottle containing a foreign body that was removed
from the body of an injured Kalpesh Raut, alongwith their letter,
Ext.900, addressed to the police station. Sr. PI Rathod, PW-176, sent
the said sealed bottle alongwith his forwarding letter, office copy of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
105

which is at Ext.899, alongwith HC Jadhav, PW-90, to the FSL, Kalina.
Contents of the report, Ext.901, that was received subsequently,
showed the result of analysis that traces of Nitrite (post explosion
residue) were detected on the metal piece.

208. Dr. Balsara, PW-83, and Dr. Vaz, PW-84, had issued cause of
death certificates, Exts.865, 866, 873, 874 and 878 in respect of five
dead bodies and Dr. Mukesh Shamrao Ghuge (PW-112) (Ext. 1138)
and his junior Dr. Sapna had conducted post-mortem on 15 bodies of
the persons who had died in the train blasts at Mahim and other places.
They had performed post-mortem on 5 bodies concerning the blast at
Matunga and had issued the memorandums of post-mortem
examination and cause of death certificates, Exts. 1879, 1157, 1158 and
Exts.1883, 1163, 1164 and Exts.1885, 1159, 1160 and Exts. 1886, 1143,
1144. Ext.1165 was of an unidentified dead body.

209. 127 people were injured in the Matunga blast vide injury
certificates Exts. 894, 2727 (1 to 3, 5, 6, 8, 13, 14, 15, 17, 18, 20, 21, 23,
27, 29, 32 to 37, 39, 40, 46 to 50, 52, 55 to 57, 59, 79) . The relevant
details thereof, to show that those persons had sustained injuries, are
given in the table below:

CHART NO. 16

(Reproduced from the Trial Court Judgment)

PW number or exhibit Exhibit number
Sr.
Name of the Injured number of affidavit of medical
No
filed by Injured certificate
1 Ganesh Shantaram Kadam Ext. 1260 2727 (1)
2 Mukund Kamlesh Thakkar Ext. 1261 2727 (2)
3 Zankariprasad Rangnath Joshi Ext. 1262 2727 (3)
4 Surendrakumar Makhanlal Goyal —- 2727 (4)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
106

5 Ramkrishna Changu Mhatre Ext. 1263 2727 (5)
6 Keval Janak Doshi Ext. 1264 2727 (6)
7 Tirumadai Raju Gopal —- 2727(7)
8 Tejas Chandrakant Pathak Ext. 1265 2727 (8)
9 Sanjay Baban More —- 2727 (9)
10 Jaspreet Awatar Singh Kalsi —- 2727 (10)
11 Tarachand Laxman Pawar —- 2727 (11)
12 Shrikant Ramrao Jedhe —- 2727 (12)
13 Sharad Shantaram Gorivale Ext. 1266 2727 (13)
14 Ramsukh Matafer Paasi Ext. 1267 2727 (14)
15 Ms. Pooja Chandrakant Yendait Ext. 1407 2727 (15)
16 Mannan Shabbir Husain —- 2727 (16)
PW No. 124, Affidavit
17 Vijay Madanraj Jain 2727 (17)
Ext. 1268
18 Dinesh Ambubhai Patel Ext. 1269 2727 (18)
19 Naved Mohammad Chouhan 2727 (19)
20 Vijay Vasudev Amin Ext. 1270 2727 (20)
21 Sudhakaran Krishnan Kotian Ext. 1271 2727 (21)
22 Robinson N. Abraham —- 2727 (22)
23 Kalpesh Suryakant Raut PW No. 81, Ext. 1272 839
24 Sayyed Imtiaz Mubarak Hussain Ext. 1273 2727 (23)
25 Robert Luis Miranda —- 2727 (24)
26 Pranav Vidhushekhar Upadhyaya —- 2727 (25)
27 Uday Ramdas Kaikani —- 2727 (26)
PW No. 132, Affidavit
28 Parkel Cherian Vergheese 2727 (27)
Ext. 1274
29 Larjaris Khistan Fernandis —- 2727 (29)
30 Tarun Devraj Acharya Ext. 1410 2727 (29)
PW No. 125, Affidavit
31 Manohardutt Bisandutt Fulora 2727 (29)
Ext. 1275
32 Suresh Vilas Mane Ext. 1276 2727 (29)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
107

PW No. 135, Affidavit
33 Thomas Lopez Francis 2727 (29)
Ext. 1277
34 Namamishankar Kaliyaji Nima —- 2727 (29)
35 Radheshyam Rammurthi Dube Ext. 1278 2727 (29)
36 Bhairavkumar Rambhil Saha Ext. 1279 2727 (29)
37 Sanjaykumar Ramkisan Baichaliya Ext. 1280 —-
38 Joseph Domnick D’Souza —- 2727 (30)
39 Devendra Sitaram Nimborkar —- 2727 (31)
40 Mohd. Iqbal Jamal Shaikh Ext. 1280 & 1281 2727 (32)
41 Vimal Laxminarayan Soni Ext. 1282 2727 (33)
42 Riaz Ali Kasam Ali Lokhandwala Ext. 1283 2727 (34)
43 Liladhar Jaidutt Sharma Ext. 2734 —-

44 Ajaykumar Nandkishor Yadav Ext. 1409 2727 (35)
45 Santosh Shankar Patil Ext. 1284 2727 (36)
46 Rameshwar Haribhau Nandanwar Ext. 2735 2727 (37)
47 Mahadeo Appanna Naik —- 2727 (38)
48 Dinesh Odhavji Ghamelia Ext. 1285 2727 (39)
49 Uday Bhagwant Tale Ext. 1286 —-

50 Sandip Devaprasad Roy Ext. 1412 —-

51 Anant Ravikant Surve Ext. 1287 2727 (40)
52 Laxman Sitaram Adhagale Ext. 1402 —-

53 Suresh Narayan Manoti —- 2727 (41)
54 Kalthumani Shivkrishna Iyer —- 2727 (42)
55 Yogendrakumar Ramdoot Dinkar —- 2727 (43)
56 Arvind Surendra Jain —- 2727 (44)
57 Mohandas Parmanudas Parnikar —- 2727 (45)
58 Rishi Pravin Bobra Ext. 1408 2727 (46)
59 Vishal Prabhakar Patil —- 2727 (47)
60 Neha Manoj Karve Ext.1289 2727 (48)
Ms. Chandrabai Mahadeo
61 Ext. 1414 —-

Kharatmal

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
108

Chitrasen Singh Dharam Raj PW No. 121,
62 2727 (49)
Singh Affidavit Ext. 1290
63 Hitesh Rohitkumar Kaveria Ext. 1288 2727 (50)
64 Anil Sharadchandra Parab Ext. 1291 —-

65 Vilas Shantaram Jawkar —- 2727 (51)
66 Ashish Deviprasad Jain Ext. 1292 2727 (52)
67 Ramdular Ramkinkar Roy —- 2727 (53)
68 Sambhaji Tatoba Nangre —- 2727 (54)
69 Ashish Rammohan Sharma Ext. 2736 2727 (55)
70 Nagesh Keshav Mankeshwar Ext. 1411 2727 (56)
71 Anil Pandurang Gamre Ext. 1406 2727 (57)
72 Subhash Suresh Kamble —- 2727 (58)
73 Prabhakar Laxman Khamkar Ext. 2737 2727 (59)
74 Narendra Monajibhai Lodhia —- 2727 (60)
75 Pradip Narayandas Agrawal —- 2727 (61)
76 Jayant Varijvandas Bhansali —- 2727 (62 & 63)
77 Raju Ghanshyamdas Shah —- 2727 (64)
78 M. Karunakaran —- 2727 (65)
79 K. Phalgun Nair —- 2727 (66)
80 Rajendra Atmaram Khedkar —- 2727 (67)
81 Bakulbhai Baslubhai Sawani —- 2727 (68)
82 Ms. Parvati Harischandra Kini —- 2727 (69 & 70)
83 AmrishKumar Harishankar Diwan —- 2727 (71)
84 Vinod Shankar Chawan —- 2727 (72)
85 Rupesh Harkisandas Mestri —- 2727 (73)
Maheshkumar Bhagirath Prasad
86 —- 2727 (74)
Kumawat
87 Ramjibhai Tulshibhai Kakadiya —- 2727 (75)
88 Sagar Sudhakar Patil —- 2727 (76)
89 Jaisingh Harisingh Rathod —- 2727 (77)
90 Shailesh Tribhuvan Singh —- 2727 (78)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
109

91 Sunil Arjun Halaye Ext. 1404 2727 (79)
92 Sanjay Ashok Pawar Ext. 1403 —-

93 Tekynath verges Jose —- 2727 (80)
94 Jitendra Vidyashankar Jappi —- 2727 (81)
95 Arvind Malappa Kotik —- 2727 (82)
96 Kishorkumar Surendrakumar Jain —- 2727 (83)
97 Prabhakar Raghunath Mishra —- 2727 (84)
98 Kalpana Dinesh Samant —- 2727 (85)
99 Arvind Gopaldas Oza —- 2727 (86)
100 Mohmad salim sheikh —- 2727 (87)
101 Santosh Filip Rathod —- 2727 (88)
102 Shiban Krishan Kaul —- 2727 (89)
103 Deepak Umakant Naik —- 2727 (90)
104 Jitendra Shreeram Raut —- 2727 (91)
105 Harish Shamlal Pawar —- 2727 (92)
106 Mansinh Gauri Chouhan —- 2727 (93)
107 Kamaljeetsingh Govindsing Verma —- 2727 (94)
108 Nimish Bipin Shah —- 2727 (95)
Hitesh Maganlal @ Raju
109 PW No. 89 894
Gandecha
110 N. A. Robinson —- 2732 (18)

C. R. No. 78 of 2006 of Mumbai Central Railway Police Station:-

210. 43 persons had died in the blast at Mahim Railway Station vide
inquest panchanamas, memorandums of post-mortem examinations
and cause of death certificates, Exts. 863, 864, 867 to 871, 875 to 877,
879 to 881, 1139, 1141, 1142, 1147 to 1151, 1154 to 1156, 1161, 1162,
1167 to 1170, 1891 to 1894, 1897 το 1925. The relevant details
thereof are given in the table below:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
110

CHART NO. 17

(Reproduced from the Trial Court Judgment)

Exhibit numbers of memorandum
Sr. of post-mortem, examinations,
Name of the deceased
no. cause of certificate and inquest
panchnamas
1 Jogarao Mantri Pragada 1169, 1170, 1897
2 Namdeo Chintaman Bhagat 1139, 1140, 1900
3 Raman Kutty Kandy Nair 1151, 1154, 1902
4 Arvind Jammanlal Agrawal 1155, 1156, 1906
5 Naval Bhagwandas Mathuriya 1145, 1146, 1907
6 Subhash Chotalal Shah 1147, 1148, 1908
7 Rasiklal Rameschandra Merchant 1141, 1142, 1912
8 Joseph Robert Narona 1161, 1162, 1914
9 Prashant Giridhar Bendale 1149, 1150, 1916
10 Sunil Ganpat Birwadkar 1167, 1168, 1924
11 Vrundesh Ramnirajan Sakeria 1891
12 Zuber Istija Khan 867, 1892
13 Yashwant Prabhakar Badekar 881, 1893
14 Sanfard Tony Diselas 871, 1894
15 Kalubhai Laxman Kasodaria 868, 1895
16 Somnath Pranavkumar Das 879, 1896
17 Anish Vinaykumar Baindur 863
18 Sanjay Mohanlal Jeswani 864
19 Anees Sattar Patel 876
20 Ninad Sudhakar Mahale 870
21 Amritlal Lajibhai Patel 872
22 Chetan Kuldip Sharma 875
23 Mohd. Tariq Ansari 880
24 Anil Lalubhai Shah 869
25 Prashant Yashwant Sawant 1898

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
111

26 Yogesh Harirao Phutane 1899
27 Trikamal Keshavlal Pandya 1901
28 Asim Ajit Kumar Bhajan 1903
29 Laxmichand Nanji Gala 1904
30 Naushad Ramaniklal Tejani 1905
31 Maksood Mohd Umar Darvesh 1909
32 Jitendra Maniklal Shah 1911
33 Louis Anthony Siquera 1912
34 Yogesh Mahendrabhai Doshi 1913
35 Niteshkumar Raeshwar Patel 1915
36 Himmatlal Pabhudas Modi 1917
37 Nathmul Dharnraj Saboo 1918
38 Mavjibhai Hairbhai Patel 1919
39 Anuj Navinchandra Kilwala 1920
40 Abhijeet Vilas Ahiwale 1921
41 Parag Vasant Karambelkar 1922
42 Sanjay Dattaram Shirke 1923
43 Chandrakant Mohanlal Mithani 1925

211. These documents show the opinions as to the causes of deaths to
be head injury in case of explosion, shock following
multiple/polytrauma injuries in case of bomb explosion, haemorrhage
and shock due to polytrauma with complete transection of trunk, head
injury in bomb blast, terminal cardio respiratory arrest with acute
respiratory distressed syndrome following lung contusion following
bomb blast, septicemia with bilateral lobar pneumonia due to multiple
traumatic injuries as a result of bomb explosion.

212. 96 persons were injured in the blast at Mahim Railway Station
vide injury certificates, Exts. 2728 (1 to 96). The relevant details
thereof are given in the table below:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
112

CHART NO. 18

(Reproduced from the Trial Court Judgment)
PW number or
exhibit number of Exhibit number of
Sr. No. Name of Injured
affidavit filed by medical certificate
injured
1 Gajanan Shailam Mergu — 2728 (1)
2 Shivkumar Jagdishprasad Sharma — 2728 (2)
3 Sushil Jagannath Sawant Ext. 1416 2728 (3)
4 Giridhar Dejappa Kotiyan Ext. 2745 2728 (4)
5 Ajay Pravinchandra Parekh — 2728 (5)
6 Ashok Laxmichand Shah — 2728 (6)
7 Amjad Nurul Ansari — 2728 (7)
8 Barka Devka Okate — 2728 (8)
9 Mahadev Bhagvanji Kadam Ext. 1415 2728 (9)
10 Parko Tangavel Nadar Ext. 1405 2728 (10)
11 Kalicharan Kuhari Shetty — 2728 (11)
12 Umesh Vinayak Naik — 2728 (12)
13 Mohammad Maharoof Khalil — 2728 (13)
14 Mohammad Yar Mohd. Sajid — 2728 (14)
15 Pravin Shankarlal Varma Ext. 2740 2728 (15)
16 Pankaj Rasiklal Shah Ext. 2739 2728 (16)
17 Mohammad Salim Mohd. Sharif Ext. 1418 2728 (17)
18 Rajesh Triveniprsad Ranjan — 2728 (18)
19 Samir Tulshant — 2728 (19)
20 Kaushik Uttam Pradhan Ext. 1293 2728 (20)
21 Aniket Vishwas Joshi — 2728 (21)
22 Kishan Bugadimal Lakhani — 2728 (22)
23 Ramesh Khadebhai Goti Ext. 2738 2728 (23)
24 Smt. Shalini Tukaram Jogdhan Ext. 2748 2728 (24)
25 Parag Laxman Kadam — 2728 (25)
26 Vasant Gopinath Totka — 2728 (26)
27 Ramniwas Pannalal Laddha — 2728 (27)
28 Kashinath Vasant Shinde — 2728 (28)
29 Narendra Jayantilal Mehta — 2728 (29)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
113

30 Umesh Ramesh Shah — 2728 (30)
31 Vira Raghvan Shriniwasan — 2728 (31)
32 Dilip Ramchandra Shirke Ext. 2747 2728 (32)
33 Balkrishna Balram Controllu —- 2728 (33)
34 Dilip Amichand Khandelwal —- 2728 (34)
35 Louis Dagdu Kadam —- 2728 (35)
36 Gautam Bharat Dhanaresha —- 2728 (36)
37 Umesh Pyarelaal Sonar —- 2728 (37)
38 Marutiprasad Hemchandra Prakash —- 2728 (38)
39 Tambi Thomas Lazer —- 2728 (39)
40 Ashok Laxmichand Shah —- 2728 (40)
41 Arjun Sakharam Kalambe —- 2728 (41)
42 Balu Sakharam Kakad —- 2728 (42)
43 Chandravilas Mahadev Gandhi —- 2728 (43)
44 Antonito George Narona —- 2728 (43)
45 J. K. Nair —- 2728 (43)
46 Arvind Manilal Parikh —- 2728 (44)
47 Jaiprakash Chandrashekhar Shukla —- 2728 (45)
48 Prakash Yashwant Samant —- 2728 (46)
49 Laxman Balwant Samant —- 2728 (47)
50 Birju Balkrishna Nayar —- 2728 (48)
51 Sunil Chandrakant Karnik —- 2728 (48)
52 Sandeep Gajendra Zha —- 2728 (49)
53 Chandesh Rasiklal Kothari —- 2728 (50)
54 Rajeev Sumeru Varma —- 2728 (52)
55 Vijay Palni Makwana —- 2728 (53)
56 Babu Maruti Kamble —- 2728 (54)
57 Maheshbhai Shantilal Shah —- 2728 (55)
58 Roystan Abraham D’mello Ext. 1417 2728 (56)
59 Balkrishnna Divakar Patkar —- 2728 (57)
60 Mukesh Sadanand Shenoy —- 2728 (58)
61 Padmachand Mohanlal Gandhi —- 2728 (59)
62 Nilesh Bhogilal Shah —- 2728 (60)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
114

63 Lalji Ramkant Pandey PW No. 85 2728 (61)
64 Rameshbhai Popatbhai Nathani —- 2728 (62)
65 Manesh Natwarlal Ponda —- 2728 (63)
66 Rajnikant Maganlal Desai Ext. 2743 2728 (64)
67 Damjibhai Mathurbhai Jadhav —- 2728 (65)
68 Prestan Peter Farnandis —- 2728 (66)
69 Dipak Vasant Kadam Ext. 2742 2728 (67)
70 Digambar Limbaji Sasane —- 2728 (68)
71 Bismilla Mohammad Sultan —- 2728 (69)
72 Saurabh Vijay Harde —- 2728 (70)
73 Vinod Gajanan Bhatt —- 2728 (71)
Sanjeeshkumar Sushilkumar
74 —- 2728 (72)
Singh
75 Nikhilkumar Kantilal Mehta —- 2728 (73)
76 Kamal Rajaram Yadav —- 2728 (74)
77 Kamlesh Zabbu Rajbhar PW No. 25 2728 (75)
78 Vilas Dhaku Pawar —- 2728 (76)
79 Bhimrao Sadhou Kesare —- 2728 (77)
80 Parshuram Rajaram Ingle —- 2728 (78)
81 Chandrakant Shankar Dalvi —- 2728 (79)
82 Sitaram Mangiram Rathi —- 2728 (80)
83 Rakesh Vasant Salunkhe Ext. 2749 2728 (81)
84 Vinod Yellappa Mendhan —- 2728 (82)
85 Sirajuddin Jaimul Mutaibk Shaikh Ext. 2746 2728 (83)
86 Ramprakr Vasudeo Sarwate Aff. Ext. 2744 2728 (84)
87 Navin Kumar Babu Devadiya Ext. 2741 2728 (88)
88 Mahesh Chotubhai Chavan —- 2728 (89)
89 Prabhakar Dattram Sadekar —- 2728 (90)
90 Challaiah Mallaiah Bodge —- 2728 (91)
91 Mohammad Kaisar Kasim Ansari —- 2728 (92)
92 Laltaprasad Kalika Yadav —- 2728 (93)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
115

93 Chandrakant Basanna Dolgaund —- 2728 (94)
94 Ms. Shantabai Shankar Trimukhe Ext. 1413 2728 (95)
95 Mohammad Aadil Mohd. Ali —- 2728 (96)
96 Smt. Hirabai Yeshwant Shinde Ext. 1419 —-

C. R. No. 86 and 87 of 2006 of Bandra Railway Police Station:-

213. Dr. Kalpesh Jayantkumar Gajiwala, (PW-69) (Ext.779), a
consultant plastic surgeon in the Holy Family Hospital, Bandra, had
operated on Devdas Situ Shetty, (PW-23) (Ext.501), an injured in C. R.
No.86 of 2006 and had removed the foreign body, Art.94, from the
scalp of that patient and had issued the injury certificate, Ext. 781. Dr.
Russell Pinto, (PW-56) (Ext.681), consultant surgeon in the Holy
Family Hospital at Bandra, had treated Ashok Raghuvir Rao, (PW-27)
(Ext.594), an injured in C. R. No.86 of 2006 and had removed the
foreign body, Art.93, from the wound on the right side of his chest and
had issued the injury certificate Ext.684. He had also treated Vishal
Vijaykumar Nagaich, (PW-13) (Ext.445), an injured in C. R. No.87 of
2006 and had removed a triangular shaped foreign body, Art.95, from
the right side of his neck and had issued the injury certificate Ext.682.

214. Holy Family Hospital phoned the police station that they had
taken out foreign bodies from the bodies of three injured persons. St. PI
Kadri, PW-138, sent PSI Pednekar to bring them. PSI Pednekar seized
them under the panchanama Ext.504 in the presence of panch
witnesses Suresh Dagdu Vandre, (PW-24) (Ext.503), and one more. Sr.
PI Kadri, PW-138, sent the foreign bodies/metal pieces in C. R. No. 86
of 2006 to the FSL, Kalina alongwith WPC Savita Raghunath Satav,
(PW-87) (Ext.886), alongwith his forwarding letters, copies of which

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:22 :::
116

are at Exts.888(1 and 2). He also sent the foreign body/metal piece
taken out from the body of the injured Vishal Nagaich alongwith WPC
Satav, PW-87, alongwith his forwarding letters, copies of which are at
Exts. 889 (1 and 2). The contents of the FSL. reports, Ext.2434(1) of
the metal pieces concerning the injured Devdas Shetty and Ashok Rao
and Ext. 2433(1) of the injured Vishal Nagaich, show the result of
analysis that traces of Nitrite (post explosive residue) was detected.

Exts. 2434(2) and 2433(2) are the FSL reports in respect of analysis of
trace elements in the metal pieces.

215. 22 persons had died due to haemorrhagic shock due to 2
polytrauma in the blast occured near Bandra Railway Station vide
inquest panchanamas, memorandums of post-mortem examinations
and cause of death certificates Exts.2610 to 2631. The relevant details
thereof are given in the table below:

CHART NO. 19

(Reproduced from the Trial Court Judgment)

Exhibit numbers of
memorandum of
Sr.
Name of the deceased postmortem examinations,
No.
cause of death certificates
and inquest panchanamas
1 Krishnakumar Parasnath 2610
2 Shashi Shekhar Gangadhar 2611
3 Suresh Shenshadu Pawar 2612
4 Shashikant Sudam Badekar 2613
5 Jignesh Bipinbhai Mehta 2614
6 Dalpat Chabildas Masekar 2615
7 Sudhir Divakar Chimore 2616

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
117

8 Dilip Kashinath Kamath 2617
9 Rupesh Rahul Kamble 2618
10 Sanad Madhubahi Badekar 2619
11 Ajay Daulatrao Shevda 2620
12 Hariharan Chidambaram Ayyar 2621
13 Modh. Sohail Sagir Shaikh 2622
14 Sachin Radhesham Khanna 2623
15 Pinaki Mukhopadhyaya 2624
16 Surendraprabhu Ramchandran 2625
17 Sanjay Ramakant Samant 2626
18 Vishwas Ananat Thorat 2627
19 Kantilal Tulshidas Gohil 2628
20 K. Bhujang Shetty 2629
21 Tejas Chandrakant Shah 2630

22. Hemchandra Vishwanath Mastkar 2631

216. 107 persons were injured in this blast as per the injury
certificates, Ext.2729 (1 to 134). The relevant details thereof are given
in the table below:

CHART NO. 20

(Reproduced from the Trial Court Judgment)

PW number or
Exhibit number
Sr. exhibit number of
Name of Injured of medical
No. affidavit filed by
certificate
injured
1 Suman Kumar Pappa Raju —- 2729 (1)
2 Rakesh Ramnarayan Pandey Ext. 1425 2729 (2 & 3)
3 Mukesh Kanhaiyalal Hinduja Ext. 1300 2729 (4)
4 Anant Sadashiv Raorane —- 2729 (5)
5 Vijay Ganesh Sahasrabudhe —- 2729 (6)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
118

6 Bhagyabat Sardeshwar Rahang —- 2729 (7)
Smt. Shobhana Jamunashankar
7 —- 2729 (8 & 9)
Pandya
8 Roshanlal Raghunath Sahay —- 2729 (10)
9 Nilesh Chandrakant Maru —- 2729 (11)
10 Mahesh Manoharlal Trivedi PW No. 8 2729 (12 & 13)
11 Ashok Bhaurao Kulgod Ext. 1299 2729 (14 & 15)
12 Arun Gunwant Deshmukh Ext. 1302 2729 (16)
13 Vrishabh Suryakant Pathak Ext. 1298 2729 (17)
14 Kaushik Uttambhai Pradhan —- 2729 (18)
15 Kalpesh Prakash Mhatre Ext. 1294 2729 (19 & 20)
16 Sajid Ali Mehbob Ali Ext. 1295 2729 (21 & 22)
17 Parag Jayant Mahadani —- 2729 (23 & 24)
18 Laxman Vasudeo Parab —- 2729 (25)
19 Morakala Gopalkrishna —- 2729 (26)
20 Vijay Harish Purohit —- 2729 (27)
21 Mukesh Indulal Shah Ext. 1296 2729 (28 & 29)
22 Kamlesh Mohanlal Shah —- 2729 (30)
23 Ravindra Vasant Saravate Ext. 1297 2729 (31)
24 Kishor Tuljashankar Shukla —- 2729 (32)
25 Cajetan Dennis Espibeiro —- 2729 (33)
26 Shubendu Shishirkumar Behra Ext. 1420 2729 (34)
27 Ashok Ramchandra Dayani —- 2729 (35)
28 Vasant Laharchand Gaudani Ext. 1421 2729 (36)
29 Nagin Lalaji Rathod —- 2729 (37 & 38)
30 Bhaskar Sanayya Kotian Ext. 1424 2729 (39 & 40)
31 Bhagwandas Phuljibhai Makwana Ext. 1301 2729 (41)
32 Nikesh Kantilal Rathod —- 2729 (42)
33 Suhas Pandurang Chougule Ext. 2750 2729 (43)
34 Ramesh Mahadeo Zope —- 2729 (44)
35 Mukeshbhai Narendra Zaveri Ext. 1422 2729 (45 & 46)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
119

36 Anup Jagdish Saksena Ext. 1429 2729 (47)
37 Bipin Dattatraya Raut —- 2729 (48)
38 Nishit Sitaram Shrivastav —- 2729 (49)
Manveer Singh Rajindra Singh
39 —- 2729 (50)
Chandok
40 Kaustubh Rajendra Kulkarni Ext. 2751 2729 (51)
41 Rajan Kunjbihari Shah —- 2729 (52 & 53)
42 Harish Ramchandra Kundnani —- 2729 (54 & 55)
43 Dinesh Vishwanath Tirodkar —- 2729 (56)
44 Devdas Siddhu Shetty PW No. 23 780 & 781
45 Suryanarayan Subramanyam Iyer Ext. 1428 2729 (59)
46 Ashish Rajulal Chauhan —- 2729 (60)
47 Yogesh Natwarlal Adia —- 2729 (61)
48 Sunil Rambhau Sasane —- 2729 (62)
49 Deepak Vasudeo Chhabria —- 2729 (63)
50 Bhaven Manohar Desai Ext. 1430 2729 (57 & 58)
51 Nitin Anandrao Jawale Ext. 2752 2729 (64)
52 Amit Ramdas Bante —- 2729 (65 & 66)
53 Sanjay Ishwarlal Desai —- 2729 (67 & 68)
54 Sriram Gowardhandas Lanjewal —- 2729 (69 & 70)
55 Ashok Raghuvir Rao PW No. 27 2729 (71)
56 Ganpat Chintaman Pimparkar —- 2729 (72)
57 Kiran Anantrai Desai —- 2729 (73)
58 Subhash Chimaji Tawde Ext. 2753 2729 (74)
59 Sitaram Mahadeo Pandit —- 2729 (75)
60 Lalkumar Kanasanand Tolani —- 2729 (76)
61 Jairajan Kunnikrishnnan Nair —- 2729 (77 & 78)
62 Nitin Rasiklal Shah —- 2729 (79 & 80)
63 Nutan Harilal Prasad —- 2729 (81 & 82)
64 Devendra Kumar Jain —- 2729 (83)
65 Sanjay Satyanarayan Namdeo —- 2729 (84)
66 Parasharan Gangaram Rathod —- 2729 (85 & 86)
67 Subbir Kumar Phanindranath Roy —- 2729 (87)
68 Jaywant Yeshwant Rane —- 2729 (88)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
120

69 Ramesh Mahadeo Manchekar —- 2729 (89)
70 Prasanna Sitaram Prabhu —- 2729 (90)
71 Lakhan Singh Jagram Singh Rajput Ext. 1423 2729 (91)
72 Maulin Harish Momaya Ext. 2754 2729 (92 & 93)
73 Rampher Sharda Prasad Mishra —- 2729 (94 & 95)
74 Surendra Pundalik Thavi —- 2729 (96)
75 Murad Mallick Panjwani —- 2729 (97)
76 Prabhakar Dhaku Iswalkar —- 2729 (98)
77 Sunil Kumar Ramesh Chandra Singh —- 2729 (99)
78 Sanjay Nathuji Patil —- 2729 (100 & 101)
79 Vaibhav Pradeep Mittal —- 2729 (102 & 103)
80 Pankaj Ashok Vazirani —- 2729 (104)
81 Avinash Narayan Karve Ext. 1426 2729 (105)
82 Nishikant Jagannath Gore —- 2729 (106)
83 Suhas Manohar Jadhav —- 2729 (107)
84 Dr. Pankaj Poonamchand Lohia —- 2729 (108)
85 Pundlik Mahadu More —- 2729 (109)
86 Chandrasekhar Vasant Pujari —- 2729 (110)
87 Vivek Rajendra Kumar Tulsiyani —- 2729 (111)
88 Mahendrakumar Ramanlal Parikh —- 2729 (112)
89 Kaushal Suresh Vora —- 2729 (113)
90 Deepak Vishwanath Parab —- 2729 (114)
91 Chetan Anand Bishandas —- 2729 (115 & 116)
92 Nagendra Prasad Koropolu —- 2729 (117 & 118)
93 Kamal Jethmal Pareikh —- 2729 (119)
94 Raju Sethia —- 2729 (120)
95 Urban John Baptist Sequeira —- 2729 (121)
96 Gajanan Sitaram Manjrekar Ext. 1427 2729 (122)
97 Abdul Karim Khan —- 2729 (123)
98 Ashish Mohan Baktani —- 2729 (124)
99 Saurabh Shantaram Kochrekar —- 2729 (125)
100 G. Harihar Subrayamanyam Ext. 2755 2729 (126)
101 Mrs. Vinaya Vinayak Palav —- 2729 (127 & 128)
102 Pradeep Indulal Shah —- 2729 (129)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
121

103 Mehul Rajendra Trivedi —- 2729 (130)
104 Siddharth Hindurao Gholap —- 2729 (131)
105 Veena Ganesh Chorat —- 2729 (132)
106 Rajendraprasad Shivdayal Pateria —- 2729 (133)
107 William Baptist Fernandis —- 2729 (134)

217. 9 persons had died due to shock and haemorrhage due to
multiple injuries in the Khar Subway blast near Santacruz Railway
Station vide inquest panchanamas, memorandums of post-mortem
examinations and cause of death certificates, Exts.2632 to 2640. The
relevant details thereof are given in the table below:

CHART NO. 21

(Reproduced from the Trial Court Judgment)

Exhibit numbers of memorandum of
Sr. postmortem examinations, cause of
Name of deceased
no. death certificates and inquest
panchanamas
1 Jitendra J. Thadeshwar 2632
2 Kunal Rajnikant Shah 2633
3 Ramesh Shivlal Kumawat 2634
4 Mohanlal Rataplal Shrawji 2635
5 Himanshu Buddhadev 2636
6 Girish N. Paramanand 2637
7 Manish Mohan Divekar 2638
8 Vinod Ari Kottan Thatiotan 2639
9 Waghela Ashok Ramjibhai 2640

218. 102 persons were injured in the same blast as per the injury
certificates, Ext.2730 (1 to 118). The relevant details thereof are given
in the table below:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
122

CHART NO. 22

(Reproduced from the Trial Court Judgment)
PW number or
Sr. exhibit number of Exhibit number of
Name of Injured
No. affidavit filed by medical certificate
injured
1 Lalit Kumar Bhagwandas Phanse —- 2730 (1)
2 Pramod Hareshwar Gharat Ext. 1309 2730 (2 & 3)

3 Parimal Jaggjivandas Gandhi Ext. 1328 2730 (4)

4 Sheshrnal Bhurmal Jain Ext. 1307 2730 (5)
5 Gulabrao Ganpat Patole Ext. 1446 2730 (6)
6 Viraj Narendrabhai Panchal Ext. 1303 2730 (7 & 8)
7 Suryakant Balkrishna Sawant Ext. 1311 2730 (9)
8 Ishwaran Tarun Ext. 1450 2730 (10)
9 Jatin Mafatbhai Waghela Ext. 1310 2730 (11)
10 Raees Abdul Rauf Choudhary —- 2730 (12)
11 Ketan Dalpatbhai Patel —- 2730 (13 & 14)
12 Hasmukh Narayan Popat Ext. 1447 2730 (15)
13 Nitin Shivaji Tungare Ext. 1306 2730 (16)
14 Kunal Manohar Kolge Ext. 1313 2730 (17 & 19)
15 Lalubhai Puroshattam Gopani Ext. 1318 2730 (18)
16 Rasik Shantilal Sawala —- 2730 (20)
17 Ashok Hari Kamble —- 2730 (21)
18 Anat Pandurag Ashtekar Ext. 1343 2730 (22)
19 Chirag Arvind Chauhan —- 2730 (23 & 24)
20 Kunda Vithoba Shinde Ext. 1304 2730 (25)
21 Narendra Gunwantlal Shah Ext. 1308 2730 (26 & 27)
22 Sukesh Shekhar Amin Ext. 1448 2730 (28)
23 Chintan Badresh Gandhi —- 2730 (29)
24 Rajendra Deju Shetty Ext. 1314 2730 (30)
25 Mangesh Lallan Zha —- 2730 (31)
26 Sunil Krushnamurari Goyal —- 2730 (32)
27 Umesh Jayantilal Maniyar Ext. 1315 2730 (33)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
123

28 Hemchandra Chandrakant Patankar Ext. 1316 2730 (34)
29 Narendra Surajmal Khandelwal Ext. 1441 2730 (35 & 36)
30 Amitprakash Omprakash Singh —- 2730 (37)
31 Chandrakant Narayan Deshmukh Ext. 1320 2730 (38 & 39)
32 Jaydip Anantrao Vyas Ext. 1431 2730 (40 & 41)
33 Jayantilal Memribai Kathad Ext. 1436 2730 (42)
34 Sandeep Suresh Naik Ext. 2756 2730 (43)
35 Kishor Gopinath Divekar Ext. 1319 2730 (44)
36 Nimesh Nitin Desai —- 2730 (45)
37 Minrul Anis Ur Rehman Islam —- 2730 (46)
38 Dipti Sitaram Ghadigaonkar Ext. 1317 2730 (47)
39 Sanjeev Raghvan Chachil —- 2730 (48 & 49)
40 Madhukar Narayan Loke Ext. 1305 2730 (50)
41 Sachin Prabhakar Pawar Ext. 1433 2730 (51)
42 Pradeep Kantilal Joshi Ext. 1324 2730 (52)
43 Vinay Hanumant Patil Ext. 1321 2730 (53)
44 Vinodkumar Keshavlal Darji —- 2730 (54)
45 Mahendra Babulal Mehta Ext. 1444 2730 (55 & 56)
46 Anuj Girishkumar Nandawani —- 2730 (57)
47 Madhukar Babulal Zaveri Ext. 1312 2730 (58)
48 Jacob K Mathew Ext. 1435 2730 (59)
49 Dhanisharan Ramswarup Jayant Ext. 1443 2730 (60)
50 Amit Ragnath Punja — 2730 (61)
51 Minesh Popatlal Munani Ext. 1342 2730 (62)
52 Rajeshkumar Sarvanarayan Zha — 2730 (63 & 64)
53 Dhiraj Kuvarji Rathod — 2730 (65)
54 Narshinha Muddaggiri Kamat Ext. 1325 2730 (66)
55 Alpesh Ashok Kondalkar Ext. 1400 2730 (67)
56 Jarad Kalapurekal Mathew Ext. 1322 2730 (68)
57 Ansub Ramanuj Isthapak — 2730 (69)
58 Ashok Tukaram Tandale Ext. 1442 2730 (70)
59 Jagdish Lalji Godia PW No. 9 2730 (71)
60 Rakesh Jaynarayan Kapoor — 2730 (72)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
124

61 Clinton George Martin — 2730 (73)
62 Sundaresan S. Iyer Ext. 1327 2730 (74)
63 Anles Anant Desai — 2730 (75)
64 Sarbinder Sing Harbansing — 2730 (76)
65 Rajendra Manohar Panchal Ext. 1326 2730 (77)
66 Rohit Jagannath Shetty — 2730 (78)
67 Prashant Sitaram Rathi — 2730 (79)
68 Lalit Nikunj Poddar Ext. 1331 2730 (80)
69 Harshadbhai Trambaklal Shah Ext. 1333 2730 (81 & 82)
70 Premal Nalin Ajmera Ext. 1330 2730 (83)
71 Nilesh Ganeshbhai Joshalia Ext. 1432 2730 (84)
72 Dara B Shroff Ext. 1329 2730 (85 & 86)
73 Dhananjay Srirang Updekar — 2730 (87)
74 Ramnathan Sudarshan Iyer — 2730 (88)
75 Tushar N. Shah Ext. 1332 2730 (89)
76 Ashish Vinayak Gokhale Ext. 1445 2730 (90)
77 Ms. Chaya Pankaj Modi Ext. 1334 2730 (91)
78 Shivaji Arjun Sahinsakhale — 2730 (92)
79 Anish Kumar Datta Ext. 1449 2730 (93 & 94)
80 Satish Parshuram Madav — 2730 (95)
81 Brijeshkumar Suryakant Dubey Ext. 1335 2730 (96)
82 Dinesh Satyanarayan Lahoti Ext. 1337 2730 (97 & 98)
83 Ranjit Prataprao Patil Ext. 1336 2730 (99)
84 Indrakumar Shyamsundar Saraf Ext. 1341 2730 (100)
85 Ilancheri K. Padmanabhan Ext. 1339 2730 (101 & 102)
86 Dhawal Ashok Shah Ext. 1434 2730 (103)
87 Harishbhai Hargovind Shah Ext. 1451 2730 (104)
88 Manubhai Shankarlal Bhat — 2730 (105)
Tenilapuram Sundaram
89 — 2730 (106)
Mahalingam
90 Rajesh Haridas Biswadia Ext. 1340 2730 (107)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
125

91 Harish Sumanlal Doshi Ext. 1439 2730 (108)
92 Sachin Dilip Mahimkar — 2730 (109)
93 E. K. Kutty — 2730 (110)
94 Vishal Vijaykumar Nagaiech PW No. 13 682
95 Vikas Vishwanath Modi — 2730 (111)
Manojkumar Giridharbhai
96 Ext. 1438 2730 (112)
Kheredia
97 Balsubramanyam Sriram — 2730 (113)
98 Ashfaque Jabbar Khan — 2730 (114)
99 Anish Pradeep Kelkar — 2730 (115)
100 Vivek Dattatraya Shirke Ext. 1437 2730 (116)
101 Lakshman Gopalkrishnan Kamath Ext. 1323 2730 (117)
102 Umarshi Raimal Mota Ext. 1338 2730 (118)

C. R. No. 41 of 2006 of Andheri Railway Police Station :-

219. 28 persons had died due to haemorrhage and shock due to
polytrauma, and multiple injuries suffered in the blast at Jogeshwari
vide inquest panchanamas, memorandums of post-mortem
examinations and cause of death certificates, Exts.2641 to 2668. The
relevant details thereof are given in the table below:

CHART NO. 23

(Reproduced from the Trial Court Judgment)

Exhibit numbers of memorandum
of postmortem examinations,
Sr. no. Name of the deceased
cause of death certificates and
inquest panchanamas
1 Narendra Kundandas Rawal 2641
2 Paresh Chotalal Thakkar 2642
3 Lotan Bhila Bediskar 2643

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
126

4 Kumud Manubai Shah 2644
5 Chandrsen Champaklal Bangdiwala 2645
6 Tushit Shanmukhanan Shah 2646
7 Yatin Mahendrakumar Mehta 2647
8 Dr. Krushnakumar Dubey 2648
9 Arvind Arjun Chikne 2649
10 Mukundraj Amidar Modi 2650
11 Nandkumar Bhargav Vaidya 2651
12 Amrish Madhukar Sawant 2652
13 Pravinkumar Keshvlal Upadhayaya 2653
14 Shakir Abid Ali Merchant 2654
15 Ashok Gajanan Bapat 2655
16 Mahendra Motilal Mehta 2656
17 Hitendra Purushottamdas Nagar 2657
18 Manoj Mahendrakumar Shah 2658
19 Amitabh Laxminarayan Pai 2659
20 Ashok Gopikishan Ajmera 2660
21 Shashikant Ramniklal Doshi 2661
22 Prataproy Nanchand Vhora 2662
23 Francis Zevier Lobo 2663
24 Lalit Raghunathprasad Kakani 2664
25 Govindji Gulabchandji Dave 2665
26 Madhu Parshuram Pawar 2666
27 Lalit Jayantilal Kanchaliya 2667
28 Sunil Thakkar 2668

220. 115 persons were injured in the same blast as per the injury
certificates, Ext.2731 (1 to 110). The relevant details thereof are given
in the table below:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
127

CHART NO. 24

(Reproduced from the Trial Court Judgment)

Sr. No. Name of Injured PW No. / Exhibit Exhibit No. Of
No. of Affidavit Medical Certificate
filed by injured
Smt. Jasvinder Pradeepkumar

1. — 2731 (1 & 2)
Samiyar
Miss. Lata Bhimrao Shirsat
2 — 2731 (3)
Smt. Deepika Arun Chavan
3 — 2731 (4)

4 Jayprakash Balkrishna Gurav PW No. 14 2731 (5)
Desai

5 Smt. Chhaya Vilas Kothe —- 2731 (6)

6 Chandravadan Maganlal Savla —- 2731(7)

7 Sunil Kashiprasad Bajaj —- 2731 (8)

8 Smt. Sharda Pramod Tople —- 2731 (9)

9 Nikhil Vasant Khopkar Ext.1452 2731 (10)

10 Bajirao Bhausaheb Desai —- 2371 (11)

11 Ambar Abani Day —- 2731 (12)

12 Miss Aparna Vivek Salvi —- 2731 (13)

13 Nilesh Rohidas Kadam —- 2731 (14)

14 Smt. Shanta Rohidas Kadam —- 2731 (15)

15 Rambharan Tadanandan Mishra —- 2731 (16 & 17)

16 Eshan Bhratkumar Thakkar Ext. 2757 2731 (18)

17 Hanasraj M. Kanojia —- 2731 (19)

18 Rambhau Vitthal Sadavarte —- 2731 (20)

19 Vilas Maruti Ghoge Ext. 2758 2731 (21)

20 Smt. Meena Salvi —- 2731 (22)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
128

21 Vasant Abhimanyu Sirsikar Ext. 2759 2731 (23)

22 Chandrakant Mataprasad Mishra —- 2731 (24)

23 Dilip Keshavji Vora —- 2731 (25)

24 Pintukumar Amir Sarosh Ext. 2760 2731 (26)

25 Vijay Jagannath Pawar Ext. 2761 2731 (27)

26 Tushar Rajesh Rawal —- 2731 (28)

27 Sanjay Babu Shigvan —- 2731 (29 & 30)

28 Sabajit Pheku Yadav —- 2731 (31)

29 Smt. Nandubai Saiba Mujmule —- 2731 (32)

30 Mahendra Vilas Pitale Ext. 2762 2731 (33)

31 Prakash Bhalchandra Wagh Ext. 2763 2731 (34)

32 Ashwin Ramesh Boricha PW No. 134, 2731 (35)

Affidavit Ext. 1453

33 Smt. Manisha Anant Joshi —- 2731 (36)

34 Ramdas Dhondiba Warange —- 2731 (37)

35 Vijay Pandurang Mestry —- 2731 (38)

36 Arvind Vallabhaji Mahendra —- 2731 (39)

37 Bipin Natwarlal Shah —- 2731 (40)

38 Janak Harshad Upadhayay —- 2731 (41)

39 Harshad Subhash Borgaokar Ex. 2764 2731 (42)

40 Chandrashekhar Vinayak Joshi —- 2731 (43)

41 Smt. Supriya Baban Kheratkar —- 2731 (44 & 45)

42 Rylan Francis Crasto —- 2731 (46)

43 Vipul Manharlal Halani —- 2731 (47)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
129

44 Ashok Radhakisan Singal —- 2731 (48)

45 Narendra Ghusabhai Rupareliya —- 2731 (49)

46 Smt. Deepjyoti Suprakash —- 2731 (50)
Chaterjee

47 Deepak Balmukund Shah Ext. 2765 2731 (51)

48 Keith Anthony D’Souza —- 2731 (52)

49 Harishchandra Deomal Gandhi —- 2731 (53)

50 Babay Aaba Sodkar Ext. 1454 2731 (54)

51 Gulab Sriram Yadav —- 2731 (55)

52 Bharat Radheshyam Khatod —- 2731 (56)

53 Rajkumar Bachhan Singh —- 2731 (57)

54 Rajan Govind Nair —- 2731 (58)

55 Shiva Balan —- 2731 (59)

56 Smt. Sushila Vijay Valtati —- 2731 (60)

57 Shivanna A. Shetty —- 2731 (61)

58 Pramodkumar Manager Thakur —- 2731 (62)

59 Kshitij Anil Baldota Ext. 2766 2731 (63)

60 Shashitant Raghunath Dablekar —- 2731 (64)

61 Sachin Naginaprasad Gupta —- 2731 (65)
62 Abhijit Avadhesh Sharma —- 2731 (66)

63 Dadasaheb Baburao Lokhande —- 2731 (67)

64 Chetan Dwarakdas Mehta Ext. 1455 2731 (68)

65 Daji Ganpat Naik —- 2731 (69 & 70)

66 Ketan Narendra Rathod Ext. 2767 2731 (71)

67 Jafar Ali Sayyed Ali Sayyed —- 2731 (72 & 73)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
130

68 Hitesh Shashikant Shah —- 2731 (74)

69 Subash Shankar Khedekar Ext. 2768 2731 (75)

70 Andrew Gregory Figerado —- 2731 (76)

71 Mangesh Sadanand Mestry —- 2731 (77)

72 Kamlakar Jayram Sankhe —- 2731 (78)

73 Vaibhav Subash Mahale —- 2731 (79)

74 Dinesh Savlaram Nabar —- 2731 (80)

75 Amar Nanaji Solanki —- 2731 (81)

76 Vijay Kumar Ext. 2769 2731 (82)
Narayan Deshpande

77 Jekim John Fernandez —- 2731 (83)

78 Dilip Singh Sugandh Singh Ext. 2770 2731 (84 & 85)
Shekhwat

79 Vinod Koshanan Ayatalla —- 2731 (86 & 88)

80 Ajay Avinash Narse —- 2731 (87)

81 Kamal Kumar Ramavatar Devda —- 2731 (89)

82 Gopal Shyamsunder Chaudhari —- 2731 (90)

83 Jaydeep Keshavji Sampat —- 2731 (91)

84 Vijaykumar Bavanna Raippa —- 2731 (92)

85 Ramkumar Munnar Yadav —- 2731 (93)

86 Amarkant Mithailal Yadav —- 2731 (94)

87 Babukumar Basaulkumar Ray —- 2731 (95 & 96)

88 Kum. Foram Jayesh Shah —- 2731 (97)

89 Prashant Gangadhar Shetty —- 2731 (98)

90 Rajneesh Jiten Borkotokhy —- 2731 (99)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
131

91 Amrut Tulshiram Patil —- 2731 (100)

92 Suresh Laxman Sapkal Ext. 2771 2731 (101 & 102)

93 Sanjay Ghanashyam Pandey —- 2731 (103)

94 Ninad Vishnu Katdare —- 2731 (104)

95 Jagdish Dhirajlal Vyas Ext. 2772 2731 (105)

96 Kum. Nilam Vishnu Ghegadmal —- 2731 (106)

97 Mrs. Vaijayanti Anirudha Sule Ext. 2773 2731 (107)

98 Rajendrakumar Mulkraj Mahajan —- 2731 (108)

99 Mr. Mohanlal Damji Pasad Ext. 2774 2731 (109)

100 Smt. Gayabai Lakshman —- 2731 (110)
Narvade

C. R. No. 156 of 2006 of Borivali Railway Police Station :-

221. 26 persons had died because of complications due to head
injury with polytrauma, haemorrhage and shock due to multiple
injuries in the blast at Borivali Railway Station vide inquest
panchanamas, memorandums of post-mortem examinations and cause
of death certificates, Exts. 2669 to 2694. The relevant details thereof
are given in the table below:

CHART NO. 25

(Reproduced from the Trial Court Judgment)

Exhibit numbers of
memorandum of
Sr.
Name of deceased postmortem examinations,
No.
cause of death certificates
and inquest panchanamas
1 Suresh Chunilal Enginner 2669
2 Dipak Ramlakhan Kewat 2670

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
132

3 Ravindranath Budhansingh Balhariya 2671
4 Omkarnath Adiyashankar Mishra 2672
5 Bhogilal Ambalal Sarwayya 2673
6 Jaikumar Raman Pilai Nair 2674
7 Kawan Subhash Thakur 2675
8 Naresh Jivajibhai Saliya 2676
9 Ajaj Moin Shaikh 2677
10 Srinivasrao Bhimsenrao Mulbagelu 2678
11 Satyawan Ramchandra Biradar 2679
12 Kirtibhai Sarabhai Shah 2680
13 Harshal Yashwant Bhalerao 2681
14 Anandnath Shambhihari Tiwari 2682
15 Mohanprasad Faujiram Khansali 2683
16 Brij Mohan Prasad 2684
17 Giribau Narsinghrao Nijamapatanam 2685
18 Vitthal Warloji Choudhari 2686
19 Nandini Ramesh Naik 2687
20 Rajnikant Purushottamdas Panchal 2688
21 Subhash Narhari Sawant 2689
22 Hemlata Yadunath Yadav 2690
23 Devesh Satyaprakash Singh 2691
24 Beni Joseph 2692
25 Vikrant Satish Khanvilkar 2693
26 Ramjanali Rajabali Motani 2694

222. 153 persons were injured in the same blast vide injury
certificates, Exts.2733 (1 to 152). The relevant details thereof are given
in the table below:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
133

CHART NO. 26

(Reproduced from the Trial Court Judgment)

PW number or
Sr. exhibit number of Exhibit number of
Name of Injured
No. affidavit filed by medical certificate
injured

1 Rajesh Amborkar —- 2733 (1)

2 Ashokbhai Durgashankar Joshi — 2733 (2)

3 Prathamesh D. Tawde — 2733 (3)

4 Ms. Darshana Bhupendra Keni — 2733 (4)

5 Vijaykumar Narayan Kuroop Nair — 2733 (5)

6 Sudhir Harinath Upadhyay —- 2733 (6)

7 Santosh Madhukar Vichare —- 2733 (7)

8 Harshad Vivek Tondawalkar —- 2733 (8)

9 Nilesh Amritlal Soni —- 2733 (9)

10 Manoj Jugalkishore Purohit —- 2733 (10)

11 Ms. Vidya Bhaskar Shetty —- 2733 (11)

12 Khalid Abdul Hafij Siddique —- 2733 (12)

13 Avinash Shyamsundar Dhanawat —- 2733 (13)

14 Parth Pratik Shah —- 2733 (14)

15 Arvind Bawarilal Sharma —- 2733 (15)

16 Kamal Ramvilas Parikh —- 2733 (16)

17 Santoshkumar Kutti Narayan —- 2733 (17)

18 Rajaram Sawlaram Chavan PW-11 2733 (18)

19 Vinay Madanlal Gupta —- 2733 (19)

20 Namdeo Ratnu Rade —- 2733 (20)

21 Bhushan Subhash Kothawale —- 2733 (21 & 22)

22 Kamal Satyanarayan Khemla —- 2733 (23 & 24)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
134

23 Ms. Sheela Kamal Khemla —- 2733 (25 & 26)

24 Dharmendra Atmaram Waghela —- 2733 (27)

25 Shripal Somlal Jain —- 2733 (28 & 29)

26 Chinmay Harischandra Mahajan —- 2733 (30)

27 Kumar Naik —- 2733 (31)

28 Mrs. Gajra Perukumar Khaniya —- 2733 (32)

29 Giridhar Daya Koli —- 2733 (33)

30 Chedilal Kharpatu Yadav —- 2733 (34)

31 Prashant Satish Shinde —- 2733 (35)

32 Sanjaybhai Narayanbhai Luwani —- 2733 (36 to 38)

33 Balakrishna Atayappa Kotian —- 2733 (39)

34 Zakir Usman Khan —- 2733 (40 & 41)

35 Gajanan Jagannath Bhavsar —- 2733 (42)

36 Jathashankar Moreshwar Pande —- 2733 (43)

37 Ms. Neeta Ashok Ranpura —- 2733 (44)

38 Alwin Anthony D’Cunha —- 2733 (45)

39 Ms. Shweta Narayan Ambede PW-37 576

40 Mahesh Shridhar Sawant —- 2733 (46)

41 Dinesh Tulsibhai Moradia —- 2733 (47)

42 Honabhai Budhabhai Rathod Ext. 2775 2733 (48)

43 Ashish Chinubhai Shah Ext. 2776 2733 (49)

44 Piyush Rameshchandra Sharma Ext. 2777 2733 (50)

45 Suraj Kalikanja Zha —- 2733 (51)

46 Baby George Varghese Mathew —- 2733 (52)

47 Suresh Kamapra Shreyan —- 2733 (53)

48 Vijay Nair —- 2733 (54)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
135

49 Vinit Dilip Patil —- 2733 (55)

50 Brahmesh Shankar Nadkarni —- 2733 (56)

51 Rahul Ram Wankhede —- 2733 (57)

52 Nayan Kantilal Tokle —- 2733 (58)

53 Omkar Prakash Tirodkar —- 2733 (59)

54 George D’Mello —- 2733 (60)

55 Yogesh Devmurat Pande —- 2733 (61)

56 Rajkumar Nabab Singh Chouhan —- 2733 (62)

57 Hemraj Damaji Satpute —- 2733 (63)

58 Ms. Kailashben Ranjitbhai Thakur —- 2733 (64)

59 Aniket Taipanna Shettigar —- 2733 (65 & 66)

60 Suresh Jayawant Prabhu —- 2733 (67 & 68)

61 Sayyad Nasiruddin Muniruddin —- 2733 (69 & 70)

62 Kishore Popatlal Shah PW No. 60 2733 (71)

63 Sunil Motilal Murde —- 2733 (72)

64 Ms. Shagufa Amir Ansari —- 2733 (73)

65 Jeenank Pareshbhai Dalal Ext. 2778 2733 (74)

66 Suhas Dattatraya Apte —- 2733 (75)

67 Babu K. Anand —- 2733 (76)

68 Manubhai D. Jasoliya —- 2733 (77)

69 Mohd. Safi Munna Mirza —- 2733 (78)

70 Suresh Shekhar Suvarna —- 2733 (79)

71 Hemant Jangubhai Surti —- 2733 (80 & 81)

72 Prakash Ganesh Bhandare —- 2733 (82)
73 Manish Himmatlal Mehta —- 2733 (83)
74 Jayanti Veljibhai Kokia —- 2733 (84)
75 Deepak Taraprasad Sharma —- 2733 (85)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
136

76 Prabhudas Keshav Goti —- 2733 (86 to 88)
77 Keni Yogesh Pande —- 2733 (89)
78 Ashish Narayan Agaawne —- 2733 (90)
79 Shekhar Chagan Birari —- 2733 (91 & 92)
80 Vivek Mahadeo Deshmukh —- 2733 (93 & 94)
81 Premsukh Bafarlal Khandelwal —- 2733 (95)
82 Ms. Kavita Dilip Shah —- 2733 (96)
83 Pramod Ganpat Narkar Ext. 2780 2733 (97)
84 Kishor Bapu Gawali —- 2733 (98 & 99)
85 Subhashchandra Jangiram Arora —- 2733 (100)
86 Pravinchandra Natvarlal Shah —- 2733 (101)
87 Girishbhai Bhailal Gandhi —- 2733 (102 & 103)

88 Ajay S. Thakkar Ext. 2781 2733 (104)

89 Leeladhar B. Kotian Ext. 2782 2733 (105)

90 Sanjeeva Kariappa Suvarna —- 2733 (106)

91 Ram Ishwarlal Dhawale —- 2733 (107)

92 Pradeep Prabhakkumar Jindani —- 2733 (108)

93 Mani Kanthan Nair —- 2733 (109)

94 Arunkumar Juguraj Prajapati 2733 (110)

95 Mangesh Vishwanath Kolekar 2733 (111)

96 Haridas Ravindranath Puduwal 2733 (112)

97 Rajeshkumar Harkisan Jaiswal 2733 (113)

98 Nitin Vidyadhar Panjari 2733 (114)

99 Santosh Prakash Khanvilkar 2733 (115)

100 Husain Yusuf Singaporwala 2733 (116)

101 Gaurav Rajesh Jain 2733 (117)
102 Jaijeet Jyotindra Sengupta 2733 (118 & 119)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
137

103 Prakash Rajaram Benkar 2733 (120)

104 Amit Bhikaji Padwal Ext. 2783 2733 (121)

105 Raja Mohamad Akbar 2733 (122)

106 Jude Milton Vholkart 2733 (123)

107 Surendra Chaitram Hirkane 2733 (124)

108 Smt. C. Jaya Bapuji 2733 (125)

109 Dinanath Bhaskar Save 2733 (126)

110 Chandrakant Somabhai Makwana 2733 (127)

111 Siddharam Shantamallappa Nagur 2733 (128)

112 Raju Sadashiv Kamble 2733 (129 to 131)

113 Ramesh Hajiarichand Thakur 2733 (132 & 133)

114 Ramesh Dattatraya Kulkarni 2733 (134)

115 Allwyn Xavier D’Cunha —- 2733 (135)

116 Pawan Karunashankar Chaturvedi —- 2733 (132 & 136)

117 Ravindra Jairam Rawool —- 2733 (137)

118 Haridwar Mahesh Chauhan —- 2733 (138 & 139)

119 Mrs. Kalpana Ashok Pawar —- 2733 (140)

120 Ramesh Devlya Thakre —- 2733 (141)

121 Chimanlal Bhagwandas Wadher —- 2733 (142)

122 Samir Krishnachand Gujrathi —- 2733 (143)

123 Shiva Chandrashekhar Hiremath —- 2733 (144)

124 Dilip Tatoba Naik —- 2733 (145)

125 Manideep Murlidhar Seth —- 2733 (146)

126 Ashok Govind Kini —- 2733 (147 & 148)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
138

127 Saurav Chandrashekhar Wable —- 2733 (149)

128 Rajkumar Roshanlal Chauhan —- 2733 (150)

129 Madhav Manjunath Naik —- 2733 (151 & 152)

Johnson @ Jacson Charles
130 Ext. 2779 —-

Amanna

C. R. No. 59 of 2006 of Vasai Road Railway Police Station :-

223. 31 persons had died in the blast near Mira Road Railway Station
as per the contents of the inquest panchanamas, memorandums of
post-mortem examinations and cause of death certificates, Exts.2695 to
2725. One of the injured witnesses by name Amit Dinesh Singh had
been admitted in-the Jaslok Hospital after the blast in an unconscious
condition and was decerebrating. He died on 03/05/13, i.e., nearly 7
years after the incident, and the prosecution produced his death
certificate Ext. 4731 and death summary issued by the Jaslok Hospital
Ext.4733. Thus, in all 32 persons have died in this blast. The opinion
as probable causes of deaths mentioned in the memorandums of post
mortem examinations and cause of death certificates was haemorrhagic
shock due to multiple perforating injuries over forehead, chest wall,
abdomen, multiple fractures, multiple injuries, and injuries to vital
organs of pelvis, haemorrhagic shock due to fracture occipital region of
skull vault and multiple fracture of extremities, fractures of right ulna
and radius, shock due to amputation of left hand below elbow,
amputation of left leg below knee and head injury, fracture of right
lower legs, humerus. The relevant details thereof are given in the table
below:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
139

CHART NO. 27

(Reproduced from the Trial Court Judgment)

Exhibit numbers of memorandum of
Sr. postmortem examinations, cause of
Name of the Deceased
No. death certificates and inquest
panchanamas
1 Mahipal Madanlal Parihar 2695
2 Narottam Damodar Meher 2696
3 Ajit Laxman Pangle 2697
4 Hasmukhlaal Pauran 2698
5 Dilip Dattatray Kirale 2699
6 Ashok K. Aail 2700
7 Shamsundar Shivkumar Sharma 2701
8 Rimnya Lalya Thakare 2702
9 Pramod Prabhakar Vispute 2703
10 Rakesh Kailas Richariya 2704
11 Ramdas Pundalik Shirodkar 2705
12 Ramesh Ramchandra Nijai 2706
13 Mickel Augustine Dabare 2707
14 Pratik Nivrutti Patil 2708
15 Kamlesh Ravidas Ashar 2709
16 Govind Khema Solankhi 2710
17 Abhinav Harishchandra Shrivastav 2711
18 Mohanan Takekkara 2712
19 Hasan Siraj Patel 2713
20 Rajendrakumar Ramkrushna Dilod 2714
21 Rammilan Birjlal Prajapati 2715
22 Dineshbhai Dhirajbhai Solankhi 2716
23 Jodel Paskal Farnandis 2717
24 Rohit Surendrakumar Jain 2718
25 Anil Kishorchand Satwani 2719

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
140

26 Rajesh Damodar Pandharekar 2720
27 Hriday Vaman Naikwade 2721
28 Swapnil Prakash Oak 2722
29 Jaiprakash Sons 2723
30 Arun Kashinath Patole 2724
31 Subramanyam Krushnan 2725
32 Amit Dinesh Singh 2732 (14), 4731 & 4733

224. 122 persons were injured in the same blast as per the injury
certificates, Ext.2732 (1 to 54). The relevant details thereof are given in
the table below.



                                    CHART NO. 28
                     (Reproduced from the Trial Court Judgment)

                                                PW/Exhibit
                                                 Number            Exhibit Number
   Sr.
                   Name of Injured                                   of Medical
  No.                                         of Affidavit filed     Certificate
                                                 by injured

                                                PW No. 192,
   1       Abhay Dineshkumar Shrivastav                            2732 (1 & 49)
                                                 Ext. 1461

   2          Ms. Vrunda Suresh Hegde            Ext. 1370            2732 (2)

   3            Sunil Rama Choudhari             Ext. 1372         2732 (3 & 28)

   4         Ms. Sonal Xavier Gonsalves          Ext. 1368         2732 (4 & 18)

   5          Macwin William D'souza             Ext. 1369            2732 (5)

   6             Raju Kosiko Thomas              Ext. 1371            2732 (6)

   7           William Sunder Bhasme                                  2732 (7)

   8        Govardhan Udhumji Ingawale                                2732 (8)

   9             Mohammed Shabbir                                     2732 (9)




::: Uploaded on - 21/07/2025                            ::: Downloaded on - 21/07/2025 22:30:23 :::
                                141

              Mohammed Dinos Khan

  10            Sanjay Thomas Lopes                            2732 (10)

  11     Prakash Shridharan Kannotikudian    Ext. 1356         2732 (11)

  12           William George Joseph                           2732 (12)

                                                             2732 (13, 16 &
  13          Sanjay Pandurang Sawant
                                                                  17)

  14           Kishor Dattatray Mhatre      PW No. 10       2732 (15 & 17)

  15       Radheshyam Suraj Prasad Singh                       2732 (17)

  16          Avadhesh Laxman Thakur                           2732 (17)

  17            Sachin Somesh Narad          Ext. 1398         2732 (17)

                                                               2732 (17 &
  18           Wilfred Walter Naronha       PW No. 130
                                                                  28)

  19         Santosh Ramchandra Yadav                           2732 (17)

  20            Subhash Dharmaj Lad                            2732 (17)

  21           Manish Vallabhji Gogri                          2732 (17)

  22             Ashish Anant Borgare                          2732 (17)

                                            PW No. 147,
  23          Claudius Wilfred Saldhana                        2732 (18)
                                             Ext. 1366

  24             Suresh Krishna Rao                            2732 (18)

  25            Shailesh Shirish Kawle                         2732 (18)

  26        Pradeepkumar Mahakant Jha                          2732 (18)

  27         Ms. Sonal Xavier Gonsalves                        2732 (18)

  28           PC. Govindan Nambiyar                           2732 (18)

  29        Ashok Jai Narayan Sabharwal      Ext. 1367         2732 (18)

                                                               2732 (18 &
  30          Bajranglal Marhadhin Kyal      Ext. 1386
                                                                  44)




::: Uploaded on - 21/07/2025                      ::: Downloaded on - 21/07/2025 22:30:23 :::
                                142

  31          Pranav Jayant Ankalesaria   Ext. 1393         2732 (18)

  32                  Ajay Singh                            2732 (18)

  33           Kailash Takatmal Mehta                       2732 (19)

  34         Rishikesh Ratibhai Bhavsar                     2732 (20)

  35           Hirendra Suresh Barrot     Ext. 1361         2732 (21)

  36          Vishnu Trimbak Waghode                        2732 (22)

                                                            2732 (23 &
  37       Mahendrakumar Tarachand Jain
                                                               24)

             Arvindkumar Sheshbahadur
  38                                                        2732 (24)
                    Kanaujiya

  39               Prakash Hadkar                           2732 (24)

  40                Gyanendra Jain                          2732 (24)

  41        Shivkumar Rambheerji Prasad                     2732 (24)

  42           Pinesh Kalyanbhai Shah     Ext. 1362         2732 (24)

  43           Swadhin Richpal Padiya                       2732 (25)

  44           Wilfred Rosario Kashta                       2732 (26)

  45          Dr. Aziz Akbarali Keswani                     2732 (27)

  46         Manoj Shymdeo Bharadwaj                        2732 (28)

  47           Yashwant Ramesh Naik                         2732 (28)

  48       Ramanbhai Hargovinddas Patel                     2732 (28)

  49            Mahesh Prakash Surve      Ext. 1460         2732 (28)

  50              Santosh Izak Nago       Ext. 1354         2732 (28)

  51             Pratik Prakash Raut                        2732 (28)

  52             Sanyo Alizar D'Silva     Ext. 1355         2732 (28)

  53          Paresh Vitthaldas Amlani                      2732 (28)




::: Uploaded on - 21/07/2025                   ::: Downloaded on - 21/07/2025 22:30:23 :::
                                143

  54            Gopinath Vitthal Patil        Ext. 1352          2732 (28)

  55              Subhash Shivagan            Ext. 1353          2732 (28)

  56     Nirbhaynath Ramshiromani Tiwari                         2732 (28)

  57            Nagesh Gopal Shenoy           Ext. 1350          2732 (28)

  58            Umar Hussein Shaikh              ----            2732 (28)

  59              Sanjay Khobrekar            Ext. 1364          2732 (28)

                                           PW No. 190, Ext.
  60            Balam Pushpasen Rane                             2732 (28)
                                               1351

  61             Jatin Rohit Thakkar             ----            2732 (28)

  62             Namdeo Keru Surve            Ext. 1373          2732 (29)

  63          Ajay Bijay Bahadur Singh        Ext. 1382          2732 (30)

  64            Shailesh Shirish Kawle           ----            2732 (31)

  65         Nameet Kashinath Vanmale            ----            2732 (32)

  66          Milind Vasudeo Kamankar            ----            2732 (33)

  67         Dattatray Vasant Choudhari          ----            2732 (34)

  68                 Pommuti Rai                 ----            2732 (35)

  69           Prashant Sanath Pandya            ----            2732 (36)

  70             Mina Ramesh Maru                ----            2732 (37)

                                                                 2732 (28 &
  71              Parkot Matai Matai          Ext. 1349
                                                                    38)

  72             Ajay Gangaram Naik              ----            2732 (39)

  73        Hastimal Choudamal Solanki        Ext. 1376          2732 (39)

  74          Ashish Suresh Chaturvedi        Ext. 1375          2732 (39)

                                                                 2732 (28 &
  75          Tushar Ramesh Kulkarni          Ext. 1348
                                                                    40)

  76         Vrushang Dharmendra Shah            ----            2732 (41 &




::: Uploaded on - 21/07/2025                        ::: Downloaded on - 21/07/2025 22:30:23 :::
                                 144

                                                                  43)

                                          PW No. 187,
  77              Vijay Krishna Nair       Affidavit          2732 (42)
                                           Ext. 1379

  78         Lalchand Vidyadhar Dubey      Ext. 1384          2732 (45)

  79         Rampyare Siddheshwar Lal      Ext. 1391          2732 (46)

  80        Chandradras Koragga Karkera    Ext. 1394          2732 (46)

  81            Ramesh Manilal Patel          ----            2732 (47)

                                          PW No. 123,
  82             Devendra P. Chavan        Affidavit          2732 (48)
                                           Ext. 1389

  83       Raghunath Shankar Chindarkar    Ext. 1458          2732 (49)

  84           Shankar Siddhu Abhang       Ext. 1374          2732 (49)

  85       Asitkumar Vijaychandra Panda       ----            2732 (49)
  86           Swapnil Rajaram Ambe        Ext. 1377          2732 (50)
  87           Dashrath Kantilal Patel     Ext. 1387          2732 (51)

  88            Aman Anup Pumvani             ----            2732 (51)

  89               Eric Fracis Nunis          ----            2732 (52)

  90             Rahul Milind Kadam        Ext. 1399          2732 (53)

                                                           2732(17&54),
  91                 Parag Sawant             ----
                                                           2728(83 to 85)
                                          PW No. 191,
  92                 Kiran R. Kini                                ----
                                           Ext. 1347

  93           Umesh Ramanna Shetty        Ext. 1357          2727 (29)

  94          Bamsingh Raisingh Khatri     Ext. 1358              ----

  95           Madhukar Raghu Mistri       Ext. 1359              ----

  96             Naresh Gajanan Patil      Ext. 1360              ----

  97       Ramnaval Dhanukdhari Sahani     Ext. 1363              ----




::: Uploaded on - 21/07/2025                     ::: Downloaded on - 21/07/2025 22:30:23 :::
                                145

  98       Chandrikasingh Sarjuram Yadav     Ext. 1365              ----

  99            Dr. Ajay Jayant Nikam        Ext. 1457              ----

  100           Satish Narayan Manoti        Ext. 1378              ----

  101         Balram Kashinath Sankhe        Ext. 1459              ----

                                            PW No. 126,
  102          Naresh Maruti Kalokhe         Affidavit              ----
                                             Ext. 1380
  103           Kaushal Dharamvir Bali       Ext. 1381              ----
  104          Pritam Dattatray Mhatre       Ext. 1383              ----
                                            PW No. 137,
  105         Murarlial Haridyaji Parekh     Affidavit              ----
                                             Ext. 1385
                                            PW No. 136,
  106           Atmaram Vishnu Dalvi         Affidavit              ----
                                             Ext. 1388
                                            PW No. 127,
  107            Nandakishore Bajaj          Affidavit
                                                                    ----
                                             Ext. 1390
                                            PW No. 128,
  108          Joseph Anthon Almeida         Affidavit              ----
                                             Ext. 1392

  109            Habib Chand Shaikh          Ext. 1395              ----

  110            Hiren Chotelal More         Ext. 1396              ----

  111         Dhananjay Govind Dighe         Ext. 1397              ----

  112       Mrs. Swati Ravindra Walinjkar    Ext. 1400              ----

  113          Nilesh Ramvilas Sharma        Ext. 1456              ----

  114            Kirit Ramanlal Shah         Ext. 1401              ----

  115              Rajesh Pondrekar             ----             2732 (1)




::: Uploaded on - 21/07/2025                       ::: Downloaded on - 21/07/2025 22:30:23 :::
                                146

 INVOCATION OF MCOCA

225. During the investigation of CR No. 156 of 2006, PW-174 PI
Khandekar, who was analyzing the collected evidence, formed the view
that the arrested accused (A.2 and A.4) and one absconding accused,
were associated with the banned organization SIMI. It further appeared
that the present bomb blast was the handiwork of SIMI, aimed at
promoting insurgency and committing terrorist acts. Consequently,
PW-174 gathered material concerning the A.13 – Asif, and discovered
that two charge-sheets had already been filed against him under Section
153A(1) IPC and the Explosives Act in Jalgaon, Maharashtra.

226. Based on the above information, PW-174 concluded that the
railway bomb blasts in Mumbai were perpetrated by SIMI. Accordingly,
on 17th September 2006, the provisions of the Unlawful Activities
(Prevention) Act (UAPA) were invoked in the case. Further, the
investigating officer brought to the attention of the chief investigating
officer that the case was appropriate for invocation of the MCOCA,
and a proposal to that effect was submitted to the Competent Authority
through the DCP on 18th September 2006.

227. Subsequently, upon receiving the prior approval from S.K
Jaiswal, an officer of the rank of Deputy Inspector General (DIG) on
24th September 2006, the provisions of MCOCA were formally
invoked in CR No. 156/2006 of Borivali Railway Police Station. At
that point, the investigation, which had been handled by PW-174, was
transferred to an officer of the rank of Assistant Commissioner of Police
(ACP), namely ACP Sadashiv Patil (PW-186 ).

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
147

228. Thereafter, the sanction under Section 23(2) of the MCOCA
was accorded by PW-185 A.N. Roy, Commissioner of Police, Mumbai
on 25/11/2006, after recording his subjective satisfaction.

CONFESSIONAL STATEMENTS

229. As alleged, 11 accused gave confessional statements during the
course of investigation. These accused are A.1 to A.7 and A.9 to A.12.
These confessions were recorded between the period from 04/10/2006
to 25/10/2006. Total 7 DCPs recorded these confessional statements.
After recording of confessional statements of all the accused, the
accused persons have retracted their confessional statements before the
court. The accused have retracted their confessional statements on the
following dates: –

CHART NO. 29

Date of Conclusion of
Sr. Date of Retraction
Name of the Accused Part-II of Confessional
No. Before Court
Statement

A.1 – Kamal Ahmed Mohd.

1. 05.10.2006 09.10.2006
Vakil Ansari

A.2 – Dr. Tanveer Ahmed

2. 05.10.2006 09.10.2006
Mohd. Ibrahim Ansari

A.3 – Mohd. Faisal Ataur
3 06.10.2006 09.10.2006
Rehman Shaikh

A.4 – Ehtesham Qutubuddin

4. 07.10.2006 09.10.2006
Siddiqui

A.5 – Mohd. Majid Mohd.

5. 25.10.2006 09.11.2006
Shafi

A.6 – Shaikh Md. Ali Alam

6. 25.10.2006 09.11.2006
Shaikh

7. A.7 – Mohd Sajid Margub 25.10.2006 26.10.2006

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
148

Ansari

A.9 – Muzzammil Ataur

8. 05.10.2006 09.10.2006
Rehman Shaikh

A.10 – Sohail Mehmood

9. 06.10.2006 09.10.2006
Shaikh

A.11 – Zameer Ahmed Latifur

10. 05.10.2006 09.10.2006
Rehman Shaikh

11. A.12 – Naveed Hussain Khan 25.10.2006 09.11.2006

230. We have dealt with the statement, in detail, in the later part of
the judgment, while discussing its admissibility in the law.

FILING OF CHARGESHEET

231. ACP Patil, PW-186, filed chargesheet in this court on 30/11/06
on the basis of the investigation conducted upto that date against 13
arrested accused and 15 wanted accused. At that time, he requested the
trial court to allow them to conduct further investigation and was
permitted.

SANCTIONS UNDER OTHER ACTS

232. PW-186 ACP Patil had submitted proposals to various
authorities before filing chargesheet. He submitted proposals to the
Addl. Chief Secretory (Home), Government of Maharashtra,
Mantralaya, Mumbai to grant sanction to prosecute the accused under
the provisions of the UA(P)A and under sections 121A, 122, 123,
124A and 120B of the IPC. Awadhesh Prasad Sinha, (PW-160) (Ext.
1699), Vice-Chairman of the Maharashtra Administrative Tribunal,
Mumbai Bench, retired from the Indian Administrative Service on
30/06/07 as Addl. Chief Secretary, Home, Government of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
149

Maharashtra, on which post he was working from 2005 till retirement.
He received the proposal sent by ACP Patil, PW-186, through the
Commissioner of Police. He studied the entire proposal together with
the comments of other officers and departments and after he was prima
facie and subjectively satisfied about the applicability of the provisions
of Chapter III of the UA(P)A, he accorded sanction and then
forwarded the file to the minister incharge of the Home Department
for consideration of rest of the proposal under the UA(P)A and the
Passport Act. He issued the common sanction order Ext.1700 in the
first week of January, 2007, under his signature for prosecution under
the UA(P)A and the Passport Act.

233. Ruprao Natthuji Deshmukh, (PW-149) (Ext.1602), Jt. Secretary,
Home Department, Mantralaya, Maharashtra Government received a
proposal from the Jt. CP, ATS for according sanction to prosecute the
accused in C. R. No. 5 of 2006 for the offences under sections 121A,
122, 123 and 124A of the IPC. He studied the proposal and discussed
it with ACP Patil, PW-186, and after complying with the formalities
and the Home Minister giving the approval, he issued the sanction
order Ext. 1603 under section 196 of the Cr.P.C. against 13 arrested
accused and 15 wanted accused.

234. Sambhaji Sadhashiv Zende, (PW-166) (Ext.1765), was the
Collector and District Magistrate, Thane from December, 2006 to
September, 2008 and was the competent authority to issue consent for
prosecution under section 7 of the Explosive Substances Act as a
District Magistrate. He received a proposal in the beginning of March,
2007 from the ATS, Mumbai to issue consent for prosecuting the
accused involved in the serial bomb blasts that had taken place in

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
150

Mumbai in July, 2006. He had discussions with the Addl. District
Magistrate, Tahasildar and ACP Patil, PW-186, and after being
subjectively satisfied on the basis of the documents that were sent with
the proposal and the discussions that he had with ACP Patil, PW-186,
and his staff, that the case was fit for according consent, he accorded
consent Ext.1766 on 09/03/07 for prosecuting three accused.

235. Valsa Nair Singh, (PW-151) (Ext.1633), was Collector and
District Magistrate, Mumbai City from July 2006 to April 2007. She
received a proposal on 02/03/07 from the ATS, Mumbai for consent
order for prosecuting six accused in C. R. No. 5 of 2006 regarding the
bomb blasts in seven local trains, as required under section 7 of
Explosive Substances Act. She went through the proposal, had
discussions with ACP Patil, PW-186, scrutinised all the documents and
after satisfying herself, issued consent order Ext.1634 on 17/03/07 to
prosecute six accused under section 7 of the Explosive Substances Act.

236. Vishwas Mahipati Patil, (PW-165) (Ext.1761), was Collector of
Brihanmumbai Suburban District from 15/12/06 to 21/05/10 and had
the power to sanction the prosecution under section 7 of the Explosive
Substances Act. He got the proposal for grant of sanction to prosecute
the accused in this case under the said act in the first week of March,
2007. He scrutinised it and he, the Deputy Collector and Tahsildar
went through the proposal and documents sent with it and on perusing
the prosposal and the documents, and after applying his mind, he was
satisfied that the case was fit for granting the sanction for prosecution.
Hence he granted sanction Ext.1762 on 15/03/07 for prosecuting nine
persons under the Explosive Substances Act.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
151

237. Thereafter, a trial was conducted. The prosecution examined
189 witnesses. At the same time, the defence has also examined total 51
witnesses, including A.2, A.4, A.5, A.6, A.7, A.8, A.9, A.10, A.11, A.12
and A.13. Moreover, the prosecution has filed total 252 affidavits of
formal witnesses comprising of injured persons, panch witnesses of
inquest panchnamas, person who helped to take the injured and dead
bodies to the hospitals, claimants of dead-bodies, and doctors who had
treated the injured. Some of them were examined as witnesses of the
prosecution.

238. The learned Special Judge, after hearing both the parties and
scrutiny of evidence, in detail, passed the impugned judgment and
order convicting the accused for the offences as under: –

A.1 – Kamal Ansari : [Sec. 302 r/w 120-B IPC, Sec. 307 r/w 120-B
IPC,Sec. 326 r/w 120-B IPC,Sec. 120-B r/w 121-A and 122 IPC, Sec.
120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1) UAPA, 1967, Sec. 325
r/w 120-B IPC, Sec. 324 r/w 120-B IPC, Sec. 3(b) (Explosive Substances
Act, 1908), Sec. 9-B(2) Explosives Act, 1884 – Sentenced to
imprisonment for 3 years, Sec. 16 (UAPA, 1967), Sec. 20 (UAPA, 1967),
Sec. 3(1)(i) MCOCA,1999, Sec. 3(1)(ii) & 3(2) MCOCA,1999, Sec. 3
(4) MCOCA,1999, Sec. 152 (Railways Act, 1989), Sec. 151 (1) and 153
(Railway Act, 1989), Sec. 3 (2) (e) of Prevention of Damage to Public
Property Act, 1984.]

A. 2 – Tanveer Ansari : [Sec. 120-B r/w 121-A and 122 IPC, Sec. 120-B
r/w 123 IPC, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec. 120-B of IPC
r/w 13(1) UAPA, 1967, Sec. 20 (UAPA, 1967), Sec. 10 (a) (i) (UAPA,
1967), Sec. 120B of IPC r/w 3(1)(i) MCOCA,1999, Sec. 3(1)(ii) & 3(2)
MCOCA, 1999, Sec. 3 (4) MCOCA,1999, Sec. 9-B(2) Explosives Act,
1884]

A.3 – Mohd. Faisal Shaikh : [Sec. 302 r/w 120-B IPC, Sec. 307 r/w 120-

B IPC, Sec. 326 r/w 120-B IPC, Sec. 120-B r/w 121-A and 122 IPC,Sec.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
152

120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1) UAPA, 1967, Sec. 201
IPC, Sec. 325 r/w 120-B IPC, Sec. 324 r/w 120-B IPC, Sec. 3(b)
(Explosive Substances Act, 1908), Sec. 6 r/w 4 (ii) Explosive Substances
Act, 1908, Sec. 9-B(2) Explosives Act, 1884, Sec. 16 (UAPA Act, 1967),
Sec. 19 (UAPA, 1967), Sec. 20 (UAPA, 1967), Sec. 10 (a) (i) (UAPA,
1967), Sec. 3(1)(i) MCOCA,1999, Sec. 3(1)(ii) & 3(2) MCOCA, 1999,
Sec. 3(4) MCOCA, 1999, Sec. 3(5) MCOCA, 1999, Sec. 152 (Railways
Act, 1989), Sec. 151 (1) and 153 (Railway Act, 1989), Sec. 3 (2) (e)
(Prevention of Damage to Public Property Act, 1984)]

A.4 – Ehtesham Qutubuddin Siddique : [Sec. 302 r/w 120-B IPC, Sec.
307 r/w 120-B IPC, Sec. 326 r/w 120-B IPC, Sec. 120-B r/w 121-A and
122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1) UAPA,
1967, Sec. 325 r/w 120-B IPC, Sec. 324 r/w 120-B IPC, Sec. 3(b)
(Explosive Substances Act, 1908), Sec. 16 (UAPA Act, 1967), Sec. 20
(UAPA, 1967), Sec. 10 (a) (i) (UAPA, 1967), Sec. 3(1)(i) MCOCA,1999,
Sec. 3(1)(ii) & 3(2) MCOCA,1999, Sec. 3(4) MCOCA, 1999, Sec. 152
(Railways Act, 1989), Sec. 151 (1) and 153 (Railway Act, 1989), Sec. 3
(2) (e) (Prevention of Damage to Public Property Act, 1984), Sec. 9-
B(2) (Explosives Act, 1884)]

A.5 – Mohamad Majid Mohamad Shafi : [Sec. 120-B r/w 121-A and 122
IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1) UAPA, 1967,
Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec. 20 (UAPA, 1967), Sec. 120B
of IPC r/w 3(1)(i) MCOCA,1999,Sec. 3(1)(ii) & 3(2) MCOCA, 1999,
Sec. 3 (4) MCOCA, 1999]

A.6 – Shaikh Mohd. Ali Alam Shaikh : [Sec. 120-B r/w 121-A and 122
IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1) UAPA, 1967,
Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec. 20 (UAPA, 1967), Sec. 10 (a)

(i) (UAPA, 1967), Sec. 120B of IPC r/w 3(1)(i) MCOCA,1999, Sec. 3(1)

(ii) & 3(2) MCOCA,1999, Sec. 3 (4) MCOCA,1999, Sec. 6 r/w 4 (ii)
Explosive Substances Act, 1908, Sec. 9-B(2) Explosives Act, 1884]

A.7 – Mohammad Sajid Margub Ansari : [Sec. 120-B r/w 121-A and 122
IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1) UAPA, 1967,
Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec. 201 IPC, Sec. 20 (UAPA,
1967), Sec. 10 (a) (i) (UAPA, 1967), Sec. 120B of IPC r/w 3(1)(i)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
153

MCOCA,1999, Sec. 3(1)(ii) & 3(2) MCOCA,1999, Sec. 3 (4)
MCOCA,1999, Sec. 6 r/w 4(ii) Explosive Substances Act, 1908]

A.9 – Muzzammil Ataur Rahman Shaikh : [Sec. 120-B r/w 121-A and
122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1) UAPA,
1967, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec. 20 (UAPA, 1967), Sec.
10 (a) (i) (UAPA, 1967), Sec. 120B of IPC r/w 3(1)(i) MCOCA, 1999,
Sec. 3(1)(ii) & 3(2) MCOCA,1999, Sec. 3(4) MCOCA, 1999]

A.10 – Suhail Mehmood Shaikh : [Sec. 120-B r/w 121-A and 122 IPC,
Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1) UAPA, 1967, Sec.
120-B IPC r/w 16 (UAPA, 1967), Sec. 20 (UAPA, 1967), Sec. 10 (a) (i)
(UAPA, 1967), Sec. 120B of IPC r/w 3(1)(i) MCOCA, 1999, Sec. 3(1)

(ii) & 3(2) MCOCA,1999, Sec. 3 (4) MCOCA, 1999]

A.11 – Zameer Ahmed Latifur Rehman Shaikh : [Sec. 120-B r/w 121-A
and 122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1)
UAPA, 1967, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec. 20 (UAPA,
1967), Sec. 10 (a) (i) (UAPA, 1967), Sec. 120B of IPC r/w 3(1)(i)
MCOCA, 1999, Sec. 3(1)(ii) & 3(2) MCOCA, 1999, Sec. 3 (4)
MCOCA,1999]

A.12 – Naveed Hussain Khan Rasheed Hussain Khan : [Sec. 302 r/w
120-B IPC, Sec. 307 r/w 120-B IPC, Sec. 326 r/w 120-B IPC, Sec. 120-
B r/w 121-A and 122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC
r/w 13(1) UAPA, 1967, Sec. 325 r/w 120-B IPC, Sec. 324 r/w 120-B
IPC, Sec. 3(b) (Explosive Substances Act, 1908), Sec. 9-B(2) Explosives
Act, 1884, Sec. 16 (UAPA Act, 1967), Sec. 20 (UAPA, 1967), Sec. 3(1)

(i) MCOCA,1999, Sec. 3(1)(ii) & 3(2) MCOCA, 1999, Sec. 3(4)
MCOCA,1999, Sec. 152 (Railways Act, 1989), Sec. 151 (1) and 153
(Railway Act, 1989), Sec. 3 (2)(e) (Prevention of Damage to Public
Property Act, 1984)]

A.13 – Asif Khan Bashir Khan : [Sec. 302 r/w 120-B IPC, Sec. 307 r/w
120-B IPC, Sec. 326 r/w 120-B IPC, Sec. 120-B r/w 121-A and 122 IPC,
Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1) UAPA, 1967, Sec.
201 IPC, Sec. 325 r/w 120-B IPC, Sec. 324 r/w 120-B IPC, Sec. 3(b)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
154

(Explosive Substances Act, 1908), Sec. 6 r/w 4 (ii) Explosive Substances
Act, 1908, Sec. 9-B(2) Explosives Act, 1884, Sec. 16 (UAPA Act, 1967),
Sec. 20 (UAPA, 1967), Sec. 10 (a) (i) (UAPA, 1967), Sec. 3(1)(i)
MCOCA,1999, Sec. 3(1)(ii) & 3(2) MCOCA, 1999, Sec. 3 (4)
MCOCA,1999, Sec. 152 (Railways Act, 1989), Sec. 151 (1) and 153
(Railway Act, 1989), Sec. 3 (2) (e) (Prevention of Damage to Public
Property Act, 1984)]

239. A.1, A.3, A.4, A.12, and A.13 are punished with death penalty.
Accordingly, this reference under section 366(1) of Cr.PC is made to
this Court for confirmation. Accordingly, the confirmation as well as
the appeals filed by the accused are heard together.

240. At this juncture, before proceeding, it is beneficial to look into
the scope of section 366(1) of Cr.PC.

241. The Hon’ble Supreme Court of India, in the case of Mohinder
Singh v. State of Punjab, (2013) 3 SCC 294, has held thus :

“10. We are conscious of the fact that in terms of Section 366(1) of
the Code,
“when the Court of Session passes a sentence of death, the
proceedings shall be submitted to the High Court, and the sentence
shall not be executed unless it is confirmed by the High Court.”

The scope and application of the above section is only in cases where
a sentence of death has been passed by the Court of Session. The
Court of Session should refer the proceedings to the High Court and
the High Court can only deal with them as a court of reference. It is
the practice of the High Court to be satisfied on the facts as well as
the law of the case, that the conviction is right, before it proceeds to
confirm that sentence. In other words, the High Court has to come
to its own independent conclusion as to the guilt or innocence of the
accused, independently of the opinion of the Sessions Judge. In a
reference for confirmation of death sentence, the High Court must
examine the entire evidence for itself independent of the Session
Court’s views. While confirming the capital sentence, the High
Court is under an obligation to itself consider what sentence should
be imposed and not be content with the trial court’s decision on the
point unless some reason is shown for reducing the same. Where, in

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
155

addition to an appeal filed by an accused sentenced to death, the
High Court has to dispose of the reference for confirmation of death
sentence under Section 366 of the Code, the High Court, while
dealing with reference, should consider the proceedings in all its
aspects and come to an independent conclusion on the material on
record apart from the views expressed by the Sessions Judge. The
confirmation of death sentence cannot be based only on the
precedents and/or aggravating facts and circumstances of any other
case.”

242. The Hon’ble Supreme Court of India, in the case of Bachan
Singh v. State of Punjab, (1980) 2 SCC 684 has held thus :

157. We may next notice other provisions of the extant Code
(corresponding to Sections 374, 375, 376 and 377 of the repealed
Code) bearing on capital punishment. Section 366(1) of the Code
requires the court passing a sentence of death to submit the
proceedings to the High Court, and further mandates that such a
sentence shall not be executed unless it is confirmed by the High
Court. On such a reference for confirmation of death sentence, the
High Court is required to proceed in accordance with Sections 367
and 368. Section 367 gives power to the High Court to direct
further inquiry to be made or additional evidence to be taken.

Section 368 empowers the High Court to confirm the sentence of
death or pass any other sentence warranted by law; or to annul or
alter the conviction or order a new trial or acquit the accused.
Section 369 enjoins that in every case so submitted, the
confirmation of the sentence, or any new sentence or order passed
by the High Court, shall, when such court consists of two or more
Judges, be made, passed and signed by at least two of them. Section
370 provides that where any such case is heard before a Bench of
Judges and such Judges are equally divided in opinion, the case shall
be referred to a third Judge.

157-A. In this fasciculus of sections relating to confirmation
proceedings in the High Court, the legislature has provided valuable
safeguards of the life and liberty of the subject in cases of capital
sentences. These provisions seek to ensure that where in a capital
case, the life of the convicted person is at stake, the entire evidential
material bearing on the innocence or guilt of the accused and the
question of sentence must be scrutinised with utmost caution and
care by a superior court. (emphasis supplied)

158. The High Court has been given very wide powers under these
provisions to prevent any possible miscarriage of justice. In State of
Maharashtra v. Sindhi [(1975) 1 SCC 647 : 1975 SCC (Cri) 283 :

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
156

AIR 1975 SC 1665] , this Court reiterated, with emphasis, that
while dealing with a reference for confirmation of a sentence of
death, the High Court must consider the proceedings in all their
aspects, reappraise, reassess and reconsider the entire facts and law
and, if necessary, after taking additional evidence, come to its own
conclusions on the material on record in regard to the conviction of
the accused (and the sentence) independently of the view expressed
by the Sessions Judge.

243. In the teeth of the law discussed hereinabove, about the scope of
confirmation, we now proceed to examine the correctness of the
impugned judgment and order imposing death penalty to A.1, A.3, A.4,
A.12, and A.13 for the purpose of confirmation. At the same time, we
will also examine the merit in the appeals filed by the accused.

244. On 11/07/2006, seven bomb blasts had taken place in first class
compartments of seven different local trains, resulting in deaths of 187
persons and causing injuries to around 827 persons, is an admitted fact,
as it is not disputed by anyone. Thus, the discussion hereinbelow
would be to find out an answer to a question whether the accused are
the perpetrators of the bomb blasts?

245. The prosecution, while supporting the judgment of the trial
court, has relied upon three categories of evidence. The evidence is
namely: –

(1) The eyewitnesses who claim to have seen the accused while
taking them to Churchgate station in their taxis, or while
planting the bombs in the trains, or while making the bombs, or
while hatching the conspiracy. There are total eight such
witnesses namely, PW-63, PW-77, PW-57, PW-60, PW-62, PW-

74, PW-75 and PW-59.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
157

(2) Recoveries of RDX, granules, detonators, books and maps,
CPUs, wires, printed circuit board, soldering gun, pressure
cooker, a Maruti-800 car, etc.

(3) The confessional statements of the A.1, A.2, A.3, A.4, A.5, A.6,
A.7, A.9, A.10, A.11, and A.12.

246. We have dealt with the above referred evidence independtly,
category-wise, in the same sequence.

247. The first category of evidence, i.e., evidence of eyewitnesses has
been challenged by the defence on numerous grounds, including
trustworthiness and credibility of these witnesses, and some of them are
either got up witnesses or stock witnesses, etc.

248. The second category of evidence is challenged by the defence on
many grounds, including the ground that the recovered articles,
including the RDX, were not kept in a proper custody and in a sealed
condition throughout, till the time it was sent to the FSL, etc.

249. The admissibility of the confessional statements is also
challenged on various grounds, including the grounds namely, validity
of prior approval to invoke MCOCA, the voluntariness of the
confessional statements, truthfulness/completeness of the confessional
statements, extortion of confessional statements by inflicting torture,
etc.

250. We accordingly proceed to examine the above referred evidence
as under.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
158

EYEWITNESSES

T.I. Parade

251. The multiple T.I. Parades were conducted in this case on
07/11/2006 and 08/11/2006. Total seven witnesses identified the
accused in T.I. Parades and also in the court. Four out of them claimed
to have seen the accused planting the bombs in the trains. Two
witnesses (taxi drivers) claimed to have ferried the accused to
Churchgate Station in their taxis. The seventh one claimed that he saw
the accused preparing bombs.

252. Whereas, the eighth witness, who claimed to have witnessed the
accused hatching the conspiracy, identified the accused in court. This
witness was not called for the T.I. Parade.

253. There is one more witness who was an injured witness, and he
claimed to have seen the suspects after they alighted the train. His
statement u/s 161 of Cr.PC was recorded within a short span of the
incident, and with his help, two sketches of the suspects were prepared,
but he was not called for TIP. Though he was examined, he was not
asked to identify the accused in the Court.

254. Following table states the names of the above referred
eyewitnesses, dates of sighting, the dates of their statements u/s 161 of
Cr.PC, and the accused they have identified.

CHART NO. 30

Sr.                                                        Date of S.161       Accused
         Name of the Eyewitness         Date of Sighting
No.                                                         Statement          Identified

1.    PW-60 Kishore Popatlal Shah          11.07.06          14.07.06            A.13

2.    PW-57 Subhash Nagarsekar             11.07.06          18.10.06             A.1




 ::: Uploaded on - 21/07/2025                              ::: Downloaded on - 21/07/2025 22:30:23 :::
                                     159

3.      PW-62 Devendra Lahu Patil             11.07.06         20.10.06                A.3

                                            08.07.06 or                         A.2, A.4, A.6
4.      PW-75 Amar Sardar Khan                                 28.10.06
                                              09.07.06                                & A.7

5.      PW-74 Vishal Kishore Parmar           11.07.06         02.11.06                A.4

                                                                                A.2, A.3, A.4,
                                          February, March
6.      PW-59 Alam Gulam Qureshi                               02.11.06          A.9, A.10,
                                            & May 2006
                                                                                A.12, & A.13

7.      PW-63 Santosh Kedar Singh             11.07.06         03.11.06               A.13

8.      PW-77 Rajesh Satpute                  11.07.06         03.11.06                A.3

                                                               27.07.06,
                                                            Supplementary
9.      PW-85 Lalji Pande                     11.07.06                                 ---
                                                              statement -
                                                               21.08.06

255. Other than these nine eyewitnesses, there are five more
witnesses who were the injured passengers. However, none of these
witnesses was examined or called for T.I. Parade. It is to be noted that,
within a short span of time after the incident, the police recorded their
statements u/s 161 of Cr.PC, wherein they claimed to have seen some
suspects keeping bag in the trains.

256. One more eyewitness is there who is a shop keeper. According to
him, some Kashmiri persons purchased eight cookers from him.

257. The table given herein under will show the names of such
witnesses and the dates on which their statements u/s 161 of Cr.PC
were recorded.

CHART NO. 31

Sr. No. Name of the Witness Date of S.161 Statement

Suresh Suvarna

1. 15.07.06
(Injured Passenger in Borivali blast)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:23 :::
160

Constable Santosh Prakash Khanvilkar

2. 22.07.06
(Injured Passenger in Borivali blast)

Ramanand Marutirao Machchevar

3. 12.07.06
(Injured Passenger in Mira Road blast)

Prabhakar Dattatray Sadekar 13.07.06 and

4.
(Injured Passenger in Borivali blast) Supplementary Statement on 09.08.06

Vijaykumar Babanna Rayappa

5. 05.08.06
(Injured Passenger in Jogeshwari blast)

Mohanlal Kumawat

6. 28.09.2006
(shopkeeper in Santa Cruz East)

258. In the Chart No. 30 of nine witnesses, the dates of statements
under Section 161 of Cr.PC show that, except the statement of PW-60
and PW-85, the statements of all other witnesses were recorded after a
delay of 100 or more days, i.e., after more than three months.

259. Similarly, there is a delay of four months in conducting the T.I.
Parade, which is one of the common grounds to raise a question to the
fairness in conducting the T.I. Parades.

260. These witnesses may be categorized as follows: –

i) The taxi drivers who took A.3 and A.13 to Churchgate station
(PW-63 & PW-77),

ii) The witnesses who saw the accused planting bomb in the trains
(PW-57, PW-60, PW-62, & PW-74),

iii) The witness to assembling of bombs (PW-75),

iv) The witness to the conspiracy (PW-59),

v) The injured witness who saw the suspects while alighting the
train. He was not called for T.I. Parade, though with the help
of him, two sketches of suspects were prepared. Further,
though he was examined, he was not asked to identify the
accused in the Court (PW-85), and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
161

vi) The witnesses, who saw the suspects and gave their statements
u/s 161 of Cr.PC within short span of the incident, with the
description of the suspects, but were neither called for T.I.
Parade nor examined as witnesses (Total 6 witnesses).

261. The T.I. Parades were conducted by two Special Executive
Officers (SEOs), namely, Shri. Barve and Shri. Purandare.

262. The T.I. Parades of A.1, A.3, A.12, and A.13 were conducted by
Shri. Barve on 07/11/2006, wherein A.1 was identified by PW-57, A.3
was identified by PW-62 and PW-77, A.13 was identified by PW-60
and PW-63, and no one identified A.12. A challenge to the validity of
the T.I. Parades conducted by Shri. Barve is raised by the defence on
the ground that Shri. Barve was not an SEO on the date of T.I. Parade
conducted by him on 07/11/2006, therefore, the T.I. Parades
conducted by him vitiate. Since this point goes to the root of the
validity of T.I. Parade, we intend to deal with it first.

Authority of Shri. Barve as SEO

263. Learned Counsel Shri. Chaudhary has argued that the
appointment of Shri. Barve as SEO expired on 07/05/2005 and his
fresh appointment was made on 15/11/2006. Thus, from 07/05/2005
to 15/11/2006, he had no authority to conduct T.I. Parades. Whereas,
he conducted T.I. Parades on 07/11/2006.

264. The learned SPP, in reply, has argued that Shri. Barve was
continued after 07/05/2005 as SEO and had authority as SEO on
07/11/2006 to conduct the parade. It is further argued that the T.I.
Parades held by Shri. Barve were held under the bona fide belief that he

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
162

was a duly empowered SEO and all precautions, as required, were duly
complied with. It is submitted that it is a settled law that a T.I. Parade is
mainly for the guidance of the investigating agency as to whether they
are proceeding in the right direction. It is submitted that the witnesses
identified these accused in the court also, which is a substantive
evidence.

265. It is evident from the record that, Shri. Barve (PW-82) was
appointed as SEO vide Government Resolution dated 08 th May 2001
(Exh.4307), for four years, and assigned a stamp bearing Sr. No. 631.
The aforesaid period of four years expired on 07/05/2005.

266. The government issued GRs dated 22/06/2006 and
23/06/2006 (Exh.4377) appointing SEOs. One Mr. Lakampalli
Shamkumar was appointed as SEO, who was assigned the Stamp
bearing Sr. No. 631, vide GR dated 23/06/2006.

267. It is pertinent to note that Shri. Barve used the Stamp bearing
no. 631, which was assigned to Shri. Lakampalli Shamkumar, while
conducting the T.I. Parades of A.1, A.3, A.12, and A.13 on 07/11/2006.
In this backdrop, the prosecution failed to bring any evidence on record
to show that, after the expiry of period of appointment of Shri. Barve
(PW-82) as SEO on 07/05/2005, he was continued till his fresh
appointment vide GR dated 15/11/2006.

268. The fact that on the date of T.I. Parade, on 07/11/2006, Shri.
Barve (PW-82) was not SEO is fortified by his cross-examination. He
deposed that he was appointed as SEO again on 15/11/2006 up to
15/11/2011. However, he showed ignorance about the date of his

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
163

appointment as SEO before 15/11/2006 and the date up to which his
appointment was.

269. Thus, we have no hesitation to hold that on the date of T.I.
Parade, i.e. 07/11/2006, Shri. Barve (PW-82) had no authority to
conduct T.I. Parade, and hence, the T.I. Parades of A.1, A.3, A.12, and
A.13 conducted by him vitiate and need to be discarded.

270. However, the fact that these accused were also identified in dock
identification, cannot be ignored in view of the judgment of the
Hon’ble Supreme Court of India in the case of Budhsep vs. State of UP
(1970) 2 SCC 128, wherein it has been held that the identification
parades belong to the investigation stage. They are generally held
during the course of investigation with the primary object of enabling
the witnesses to identify persons concerned in the offence, who were
not previously known to them. This serves to satisfy the investigating
officers of the bonafides of the prosecution witnesses and also to
furnish evidence to corroborate their testimony in Court. It is further
held that the identification of the accused in the court constitutes
substantive evidence.

271. The Hon’ble Supreme Court of India, in the case of Bollavaram
Pedda Narsi Reddy v. State of A.P., (1991) 3 SCC 434, has held thus: –

“8. The evidence given by the witnesses before the court is the
substantive evidence. In a case where the witness is a stranger to the
accused and he identifies the accused person before the court for the
first time, the court will not ordinarily accept that identification as
conclusive. It is to lend assurance to the testimony of the witnesses
that evidence in the form of an earlier identification is tendered. If
the accused persons are got identified by the witness soon after their
arrest and such identification does not suffer from any infirmity that
circumstance lends corroboration to the evidence given by the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
164

witness before the court. But in a case where the evidence before the
court is itself shaky, the identification before the magistrate would
be of no assistance to the prosecution.”

272. Thus, it is incumbent upon the Court to exercise caution while
scrutinising the evidence of the witnesses who identified A.1, A.3, and
A.13 in the Court, as if there is no T.I. Parade.

273. Let us, therefore, first reiterate the law as regards dock
identification in absence of T.I. Parade.

274. In the case of Dana Yadav v. State of Bihar, (2002) 7 SCC 295,
the Hon’ble Supreme Court of India has held that, if a witness
identifies the accused in court for the first time, the probative value of
such uncorroborated evidence becomes minimal so much so that it
becomes, as a rule of prudence and not law, unsafe to rely on such a
piece of evidence.

275. However, there are exceptions to this general rule, one of which
is where the court is impressed by a particular witness on whose
testimony it can safely rely, without such other corroboration, as held
by the Hon’ble Supreme Court of India in the case of Budhsep (supra).

276. The other exceptions as carved out in the following authorities
are as under: –

i) The Hon’ble Supreme Court of India, in the case of State of
Maharashtra v. Sukhdev Singh (1992) 3 SCC 700, laid down
that if a witness had any particular reason to remember about
the identity of an accused, in that event, the case can be
brought under the exception and upon solitary evidence of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
165

identification of an accused in court for the first time,
conviction can be based.

ii) The Hon’ble Supreme Court of India, in the case of Ronny vs.
State of Maharashtra (1998) 3 SCC 625, has observed that
where the witness had a chance to interact with the accused or
that in a case where the witness had an opportunity to notice
the distinctive features of the accused which lends assurance to
his testimony in court, the evidence of identification in court
for the first time by such a witness cannot be thrown away
merely because no test identification parade was held

277. The Hon’ble Supreme Court of India, in the case of Bollavaram
Pedda (supra), has held that the credibility of the evidence relating to
the identification depends largely on the opportunity the witness had to
observe the assailants when the crime was committed and memorize
the impression. The visibility of the light at the place of occurrence and
proximity to the assailants had a clear vision of the action of each one of
the accused persons in order that their features could get impressed in
their mind to enable them to recollect the same and identify the
assailants even after a long lapse of time.

278. Thus, it is evident that to the general rule that if a witness
identifies the accused in Court for the first time, the probative value of
such uncorroborated evidence becomes minimal, the exceptions are : –

i) Where the Court is impressed by a particular witness,

ii) If a witness had any particular reason to remember about
the identity of an accused,

iii) The witness had a chance to interact with the accused, and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
166

iv) The witness had an opportunity to notice the distinctive
features of the accused.

279. In the teeth of above referred observations, let us now revert
back to the facts of the present case.

First Category of Witnesses
The taxi drivers who took A.3 and A.13 to Churchgate
(PW-63 & PW-77)

280. We have already categorized the witnesses in six categories.
Witnesses PW-63 and PW-77 fall in the first category, i.e., the taxi
drivers who took A.3 and A.13 to Churchgate in their taxis on the day
of the incident. We, therefore, first proceed to scrutinize and examine
the evidence of PW-63 and PW-77.

281. Learned defence counsel submits that till 02/11/2006, PW-63
and PW-77 did not think that they had any important information
about the bomb blast. It is argued that as PW-63 and PW-77 had no
reason to remember the passengers they took to Churchgate, it strains
credence and is unbelievable that they remember and can accurately
identify the passengers. It is submitted that PW-63 admits that after
about a week, it is difficult to remember a passenger and it becomes
more difficult after a month.

282. Learned SPP, while justifying as to how do PW-63 and PW-77
remember so much about that particular day, submitted that the human
tendency is such that we recollect the memories of special days. It is

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
167

submitted that both the witnesses have stated about such special events
in their evidence, because of which, they both could recollect the
description of A.3 and A.13.

283. In light of the above referred rival submissions, on perusal of
record, it is evident that though PW-63 and PW-77 claimed to have
taken A.13 and A.3 respectively, in their taxis on 11/07/2006, they
remained silent till 02/11/2006 and did not disclose anything to
anyone about it.

284. The statements of these witnesses under Section 161 of Cr.PC
were recorded on the same day, i.e., 03/11/2006 (after 116 days of
sighting).

285. PW-63 identified A.13 in Court on 17/01/2011. Whereas, PW-
77 identified A.3 on 16/03/2011. Thus, the dock identification of both
the accused is after more than a period of four and half years.

286. As we have seen the exceptions to the general rule of identifying
the accused first time in the Court without corroborated evidence of
T.I. Parade, namely, 1) if a witness had any particular reason to
remember about the identity of an accused, 2) the witness had a chance
to interact with the accused, and 3) the witness had an opportunity to
notice the distinctive features of the accused, let us thus, examine the
impact on memory with the passage of time.

287. There are many psychological and neurological studies that
support the idea that memory fades over time, but can be re-triggered

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
168

or recalled under certain conditions. It is known as ‘memory retrieval
through cues’ or ‘cue-dependent memory’. There is another study
involving emotional memory triggers, which helps explain why we
vividly remember emotionally intense events sometimes even years
later.

288. There are two theories. One is decay theory. The other one is
cue-dependent theory. Decay theory suggests memory fades simply
with time. However, cue-dependent theory says that the memory isn’t
gone. It is just inaccessible until the right trigger or cue occurs. Sensory
cues, contextual cues, emotional states, words, phrase, or conversation
are stimuli that help bring a memory to the surface.

289. At the same time, it would be beneficial to refer the judgment of
the Hon’ble Supreme Court of India in the case of Pargan Singh vs.
State of Punjab reported in (2014) 14 SCC 619, wherein it has observed
on the theory of ‘memory’ as under: –

“18. Before entering upon the discussion on this aspect specific to
this case, we would like to make some general observations on the
theory of “memory”. Scientific understanding of how memory
works is described by Geoffrey R. Loftus while commenting upon
the judgment dated 16-1-2002 rendered in Javier Suarez Medina v.
Janie Cockrell [Case No. 01-10763, decided on 16-1-2002 (5th Cir
2002)] by the United States Court of Appeals. He has explained
that a generally accepted theory of this process was first explicated
in detail by Neisser (1967) and has been continually refined over
the intervening quarter-century. The basic tenets of the theory are as
follows:

18.1. First, memory does not work like a video recorder. Instead,
when a person witnesses some complex event, such as a crime, or an
accident, or a wedding, or a basketball game, he or she acquires
fragments of information from the environment. These fragments
are then integrated with other information from other sources.

Examples of such sources are: information previously stored in
memory that leads to prior expectations about what will happen,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
169

and information–both information from external sources, and
information generated internally in the form of inferences–that is
acquired after the event has occurred. The result of this
amalgamation of information is the person’s memory for the event.
Sometimes this memory is accurate, and other times it is inaccurate.
An initial memory of some event, once formed, is not “cast in
concrete”. Rather, a memory is a highly fluid entity that changes,
sometimes dramatically, with the passage of time. Every time a
witness thinks about some event–revisits his or her memory of it–
the memory changes in some fashion. Such changes take many
forms. For instance, a witness can make inferences about how things
probably happened, and these inferences become part of the
memory. New information that is consistent with the witness’s
beliefs about what must have happened can be integrated into the
memory. Details that do not seem to fit a coherent story of what
happened can be stripped away. In short, the memory possessed by
the witness at some later point (e.g. when the witness testifies in
court) can be quite different from the memory that the witness
originally formed at the time of the event.

18.2. Memory researchers study how memory works using a variety
of techniques. A common technique is to try to identify
circumstances under which memory is inaccurate versus
circumstances under which memory is accurate. These efforts have
revealed four major categorys of circumstances under which
memory tends to be inaccurate. The first two categorys of
circumstances involve what is happening at the time the to-be-
remembered event is originally experienced, while the second two
categorys of circumstances involve things that happen after the
event has ended.

18.3. The first category of circumstances involves the state of the
environment at the time the event is experienced. Examples of poor
environmental conditions include poor lighting, obscured or
interrupted vision, and long viewing distance. To the degree that
environmental conditions are poor, there is relatively poor
information on which to base an initial perception and the memory
that it engenders to begin with. This will ultimately result in a
memory that is at best incomplete and, as will be described in more
detail below, is at worst systematically distorted.
18.4. The second category of circumstances involves the state of the
observer at the time the event is experienced. Examples of sub-
optimal observer states include high stress, perceived or directly
inflicted violence, viewing members of different races, and diverted
attention. As with poor environmental factors, this will ultimately
result in a memory that is at best incomplete and, as will be
described in more detail below, is at worst systematically distorted.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
170

18.5. The third category of circumstances involves what occurs
during the retention interval that intervenes between the to-be-
remembered event and the time the person tries to remember
aspects of the event. Examples of memory-distorting problems
include a lengthy retention interval, which leads to forgetting, and
inaccurate information learned by the person during the retention
interval that can get incorporated into the person’s memory for the
original event.

18.6. The fourth category of circumstances involves errors
introduced at the time of retrieval i.e. at the time the person is
trying to remember what he or she experienced. Such problems
include biased tests and leading questions. They can lead to a biased
report of the person’s memory and can also potentially change and
bias the memory itself.”

290. In the case at hand, since we are dealing with identification of
accused by the witnesses either in T.I. Parade or in dock identification,
which mainly relates to face recognition, it is relevant to know about
face recognition.

291. Studies show that face recognition is primarily handled by a
specific part of the brain. It processes and stores facial features as
complex visual patterns. If you met the person regularly before the
break, you are more likely to recognise them later. A single brief
encounter may not leave a strong imprint unless it was emotionally or
contextually significant. Faces associated with emotionally impactful or
unique events are remembered better. For example, you might
remember a person you met during a crisis more than someone from a
routine meeting. Unusual features (hairstyle, facial structure, voice) aid
recognition. Generic or familiar looking faces are harder to recall
precisely after some time. Seeing the person in a similar context, for
example, same office, same spot acts as a cue.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
171

292. The Hon’ble Supreme Court of India, in the case of Lal Singh v.
State of U.P., (2003) 12 SCC 554, has held that where there is an
inordinate delay in holding a test identification parade, the court must
adopt a cautious approach so as to prevent miscarriage of justice. In case
of inordinate delay, it may be that the witnesses may forget the features
of the accused put up for identification in the test identification parade.
It is further held that this, however, is not an absolute rule because it
depends upon the facts of each case and the opportunity which the
witnesses had to notice the features of the accused and the
circumstances in which they had seen the accused committing the
offence. Where the witness had only a fleeting glimpse of the accused at
the time of occurrence, delay in holding a test identification parade has
to be viewed seriously. Where, however, the court is satisfied that the
witnesses had ample opportunity of seeing the accused at the time of
the commission of the offence and there is no chance of mistaken
identity, delay in holding the test identification parade may not be held
to be fatal. It all depends upon the facts and circumstances of each case.

293. As it is the case of the prosecution that A.3 and A.13 traveled in
the taxis of PW-77 and PW-63, respectively to go to Churchgate, it was
a brief and single encounter and there was no previous acquaintance.
These witnesses, as we have noted, identified A.3 and A.13 in dock
identification after four and half years of sighting. In case of such
inordinate delay, an exception to the rule of a possibility that the
witness may forget the features of the accused is that, the witness had
ample opportunity of seeing the accused at the time of commission of
offence.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
172

294. In the present matter, there was a single encounter of the
witnesses PW-63 and PW-77 with A.13 and A.3, respectively.
Therefore, it is important to ascertain whether, in this case, both these
witnesses had ample opportunity of seeing the accused to recollect their
faces after such a long delay.

295. It is a matter of common knowledge that the taxi drivers in
Mumbai operate in a manner distinct from many of the cities across
India. Therefore, to appreciate the evidence of both these witnesses in
right perspective, it is necessary to understand how the taxis operate in
Mumbai.

296. It is a matter of general public knowledge and common
experience for anyone who travels by taxi in Mumbai that, prior to
commencing the journey, there is no need for elaborate instructions or
negotiations with the driver. The passenger simply states the intended
destination, upon which, the driver either agrees or declines by a simple
gesture or verbal response. Many times a passenger first boards the taxi
and then tells the destination.

297. With respect to the fare, there is no opportunity or practice of
bargaining, as the fare is calculated strictly in accordance with the fare
meter installed in the taxi. This meter automatically determines the
total payable amount based on the distance travelled and displays the
fare upon reaching the destination.

298. Furthermore, upon arrival at the destination, it is customary for
the driver to inform the passenger of the fare without getting down

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
173

from the vehicle. The fare is received by the driver while he remains
seated in the driver’s seat.

299. From the above discussion of the manner in which taxi drivers
operate in Mumbai, it can be certainly said that, in normal
circumstances, there is hardly any chance for any taxi driver to have
long interaction with any passenger and to have sufficient and ample
opportunity to notice and observe the passengers and their faces, and to
store the same in the memory for long period, unless there is some
special reason. PW-63 fairly admits in his deposition that it is difficult
to remember a passenger after a week and it becomes more difficult
after a month. Although this ability to recall a human memory appears
general, it is specific in respect of such ability of PW-63, because the
said admission is applicable to him, which is important here.

300. If a witness identified an accused, it means the witness identified
the accused by his face. Hence, identification in TI parade and court
refer to facial recognition. Therefore, memory involved must relate to
the person, not just the event. A witness’ memory must link to actual
person, predominantly through facial recognition. Let us, therefore,
scrutinize the evidence of PW-63 and PW-77 to ascertain what
opportunity both the witnesses had, to notice and observe A.13 and
A.3, and their faces.

301. However, before making such scrutiny, it is also important to
note few important aspects, other than the delay in identification,
which demand to have a cautious approach while appreciating the
evidence of these witnesses. Such aspects are namely: –

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
174

i) Both these witnesses PW-63 and PW-77 did not go to police
on their own till 03/11/2006 (for 116 days). According to
them, they did not think they had any important information.

ii) As per the prosecution, police had undertaken search for 15
days to find out taxi drivers who had taken the accused by taxis
to Churchgate. There are no station diary entries to this effect
to establish the said fact.

iii) Both these witnesses were searched by the police on the same
day, i.e., on 03/11/2006. There is no case diary entry showing
that on 03/11/2006 police went for search of taxi drivers at
some particular location/s.

iv) The police could search them only after retraction of the
confessional statements by the accused.

v) According to the defence, these witnesses are got up witnesses.

vi) Constable P.N. Salvi, who searched PW-77, did not enter into
the witness box.

PW-63 Santosh Kedar Singh

302. While narrating an incidence of encounter of PW-63 with A.13,
PW-63 deposed that, at about 3.15 to 3.30 p.m., two passengers came
for Churchgate. One of them had a black heavy bag and an umbrella.
They sat in his taxi on the back seat, keeping the bag in between them.
He took them to Churchgate. En route they told him to drive the taxi
carefully as the articles that they had with them were delicate. They
asked him how much time it would take. He told them that it would
take about one hour and if required more than that.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
175

303. In this part of his narration, admittedly, PW-63 nowhere states
about any interaction taken place between them before A.13 sat on the
back seat of the taxi. In this part, there is also no mention about
anything unnatural found by PW-63 relating to the behaviour or
anything of the accused.

304. PW-63 further deposed that he left them at the subway by
which one can go to Churchgate station. The fare was Rs.180/-. They
gave him a note of Rs.500/-. He did not have change to return the
balance amount to them. He told them that he would bring it and they
should wait for two minutes. However, they were in a hurry and they
told him to keep the change. They got down taking the bag with them.
This was his first experience about passengers keeping such a big
amount of change. He deposed that, normally, before they take
passengers, they look at the passengers. En route one of the passengers
was talking in Mumbai-Hindi language and the other was talking
somewhat in Punjabi language. One of the passengers was medium
built aged about 30-35 years and the other was thin aged about 23-25
years.

305. In this subsequent part of PW-63’s narration, again there is no
mention about any interaction with accused, which facilitated him to
have sufficient opportunity to notice and observe A.13 and his face.

306. From his own version, it is evident that A.13 paid the fare
amount while sitting in the back seat of the taxi before they alighted. In
absence of any contrary evidence, it can safely be presumed that PW-63
accepted the amount while sitting in his driver seat.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
176

307. Thus, the encounter of A.13 with PW-63 can be said to be a
brief encounter. And, there was no sufficient opportunity for PW-63 to
observe and notice A.13 and his face and store it in his memory.

308. As far as triggering of memory of PW-63 is concerned, it is tried
to be canvassed before this Court by the prosecution that it was his first
experience that some passenger gave him Rs. 500 for a fare of Rs. 180.

309. This possibility, as suggested by the prosecution, may not be
ruled out. However, it would help PW-63 to trigger his memory to
recollect the events relating to this incidence or events prior to or after
this incidence. But, we are ascertaining the possibility of recollection of
face of A.13 after a huge gap, that too in absence of any evidence
brought on record for justifying the reasons to recollect the face of A.13.
No one will have any quarrel on the point that identification of an
accused by a witness, either in identification parade or in dock
identification, means that the witness identified the accused by his
‘face’.

310. Therefore, having held that PW-63 had no sufficient
opportunity to interact with A.13 or to observe and notice him
minutely, it can be said that an exception to the rule that if a witness
identifies the accused in Court first time, the probative value of such
uncorroborated evidence becomes minimal, is absent. In that view of
the matter, the manner in which PW-63 got to the police as the witness
and considering the fact that the present matter pertains to capital
punishment, we are of the opinion that it is highly unsafe to rely upon
the evidence of PW-63 to hold A.13 as guilty.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
177

PW-77 Rajesh Satpute

311. Similar is the quality of evidence of PW-77, another taxi driver
who claimed to have taken A.3 in his taxi on the date of incident from
Carter Road, Bandra to Churchgate.

312. However, before scrutinizing the evidence of PW-77, there is
one important question raised by the defence that no T.I. Parade was
conducted. In his statements u/s 313 and 314 of Cr.PC, A.3 states that
he was taken out from the Anda Cell at around 1:30 pm and he was put
back at 1:50pm and no TIP was held

313. This submission made by the defence requires us to look into
the Awak-Jawak Register (Ingress-Egress Register) maintained in the
Arthur Road Jail and referred by the defence.

314. The entries taken in such Awak-Jawak Register, in relation to the
T.I. Parade of A.3, held on 07/11/2006, are as under: –

CHART NO. 32

        Register at Arthur Road Jail                  TIP Memo
                (Exh. 2474)                   SEO: PW 82 - Shashikant Barve

        Outward                  Inward      Panchnama Start    Panchnama End

       07/11/2006,             07/11/2006,    07/11/2006,
                                                                       ----
         1:30 pm                 1:50 pm        1:30 pm

315. From the above referred chart, it can be seen that A.3 was taken
out of the barrack at 1:30 pm and was put back at 1:50 pm, indicating
that he was outside for only 20 minutes. In view of the specific
allegation made by A.3 that no T.I.Parade was conducted, it is
imperative to exercise caution while appreciating the evidence of PW-

77.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
178

316. Let us now examine the evidence of PW-77. In his oral
testimony, he deposed that two persons came there from the left side of
his taxi and asked him whether the taxi is empty. He said yes to them.
They sat in the back seat in the taxi.

317. PW-77, in his cross-examination, states that he was in his seat
reading a newspaper when those two persons came. He did not get
down from the seat till the time they sat in the taxi and he started the
taxi.

318. The above referred deposition of PW-77 shows that when the
said two passengers came, PW-77 was sitting in his driver seat and was
reading newspaper and there was no interaction between them, except
an inquiry made by the passengers whether the taxi is occupied or
empty. The evidence further shows that both the passengers sat in the
back seat.

319. Then, PW-77 deposed that one of them had a black bag with
him. He kept it on the front seat by his side. When he started the taxi,
he asked them where to take it. They told him to take the taxi to
Churchgate. He was required to apply the brakes when they had gone
some distance, at that time, the bag moved ahead slightly. The person
behind caught the handle of the bag at that time and told him to drive
the taxi carefully, he asked him whether he should keep the bag in the
boot. Thereupon, the other person said that there are valuable articles
in the bag and said that the bag should remain there.

320. In this part of evidence of PW-77, he does not refer or mention
any unnatural thing. Moreover, in this part of evidence, he does not say

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
179

that he saw A.3 and that he had sufficient opportunity, or any reason,
to observe or notice him minutely or otherwise, or to store his face in
his memory for any particular reason. As far as interaction took place in
between them relating to the bag or otherwise, at that time, PW-77 was
in his driver seat and A.3 was on the back seat. Therefore, though there
was conversation between them, it was without looking at each other’s
faces or eye contacts with each other.

321. PW-77 further states that he stopped the taxi near a subway at
Churchgate station. The persons asked him about the fare and he told
them that it was Rs. 140/- They gave him two notes of Rs.100/- each
and he returned Rs.60/- to them. They gave back Rs. 10/- to him.
Thereafter, they went towards the subway.

322. Here again, there is nothing to suggest that before alighting the
taxi, there was any long interaction between them. On the contrary, in
cross-examination, PW-77 says that there was no waste of time when he
reached the passenger at Churchgate subway except the talks that they
had about the fare. He states that he was not required to get down since
the time they sat in his taxi upto Churchgate. He states that when they
got down, he was sitting in his seat.

323. Thus, the gist of the evidence of PW-77, as regards his
encounter with A.3, is that when A.3 came, PW-77 was reading a
newspaper sitting in driver seat of the taxi. The passengers asked him
whether his taxi is available. After this brief interaction, A.3 sat along
with a person accompanying him in the backside of the taxi. After
reaching Churchgate subway, the passengers did not speak except
asking the fare. The passengers paid the amount while PW-77 was

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
180

sitting in his seat. He did not get down from the taxi right from the
time when they boarded till the time they got down from the taxi.

324. In the whole evidence, PW-77 does not speak about any
sufficient opportunity he could get to notice or observe A.3 or his face.
He nowhere states about the reason for triggering of his memory and to
recollect the face of PW-77 after a long period. He does not speak
about any unnatural thing or special thing to give reason for storing
A.3’s face in his memory. Moreover, in the evidence which we have
discussed, there is nothing which would trigger the memory of PW-77
and to recollect A.3’s face.

325. According to the prosecution, the reason for triggering the
memory of PW-77 was that, he had been to his sister in law’s house on
that day for lunch.

326. As suggested by the prosecution, this may be the reason to
trigger his memory, but, it would help PW-77 to recollect the events,
and not the faces of all the passengers who traveled in his taxi or the
strangers who met him on that day.

327. But, for the sake of convenience, we again say that, here we are
ascertaining the possibility of recollection of face of A.3 after a huge
gap. When PW-77 identified A.3, he identified him by his face. Thus,
it is doubtful, in absence of any evidence brought on record for
justifying the reasons to recollect the face of A.3.

328. Therefore, we are of the opinion that it is highly unsafe to rely
upon the evidence of PW-77 to hold A.3 as guilty.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
181

329. In the backdrop of the above observations we have recorded, let
us see the relevant portion of the observations made by the Learned
Special Court while accepting the evidence of PW-63 and PW-77,
which read thus: –

Observations relating to the evidence of PW-63:

“474. In my humble opinion it is clear from the above discussion
that the evidence of Santosh Singh, PW-63, is a cogent and
convincing evidence and his credibility has not been impeached
during his cross-examination. The most important fact is that he
has no criminal antecedents, no history of he having acted as a
panch or a witness in any other case and no contact with the
police, which rules out the possibility of he being a pliable police
witness. Therefore, it will have to be held that he is not at all got
up witness and his evidence is not fabricated. He is surely a total
independent witness and his evidence inspires confidence. I
have, therefore, no hesitation in accepting his testimony as a
truthful. Hence, it will have to be held that by his evidence
prosecution has proved that on 11/07/06 the A13 alongwith one
more person had traveled in a taxi from Perry Cross Road,
Bandra at about 3.15 to 3.30 p.m. to a subway of Churchgate
Railway Station, reaching there at about 4.45 to 5.00p.m. and
that they were carrying a black heavy bag with them. This is the
circumstance no. 2 proved by the prosecution against the
accused. It is the first circumstance against the A13. ”

Observations relating to the evidence of PW-77:

“456. It will have to be held that Rajesh Satpute, PW-77, has
given a very straightforward evidence, it is not artificial, it is not
articulated or decorated with any fantasies or falsehood and he
has not made any tall claims. To my mind, if the investigating
machinery, i.e., the ATS wanted to fabricate such type of
evidence practically at the end of investigation, because the
chargesheet was filed on 30/11/06, it would not have stopped at
only two taxi drivers. Nothing prevented them from creating
such type of evidence of taxi drivers to give evidence against
some more accused. The ATS could have done this earlier also.
Why wait till 03/11/06? This shows the naturalness. Hence, it
will have to be held that by the evidence of Rajesh Satpute, PW-
77, the prosecution has proved that on 11/07/06, the A3
alongwith one more person had travelled in a taxi from Carter
Road, Bandra at 3.30 to 4.00 p.m. to a subway of Churchgate
Railway Station, reaching there at about 5.00 p.m. and that they

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
182

were carrying a black coloured bag with them which was of
rexine. This is the first circumstance proved by the prosecution
against the accused. It is the first circumstance against A.3.”

330. Having held that it is highly unsafe to base conviction on the
evidence of PW-63 and PW-77 for the reasons recorded, we are of the
considered view that the above referred observations of the Trial Court
are perverse and are contrary to well settled principles of law.

Second Category of Witnesses
The witnesses who saw the accused planting bomb in the trains
(PW-57, PW-60, PW-62, & PW-74)

331. Moving further to the second category of witnesses namely, the
witnesses who saw the accused planting bombs in the trains. These
witnesses are the passengers who were traveling in the trains wherein
the blasts had taken place. These witnesses are PW-57, PW-60, PW-62,
and PW-74.

332. Except PW-60, the witnesses PW-57, PW-62 and PW-74
remained silent for 100 or more, and thereafter, they approached the
police and gave statement under Section 161 of Cr.PC.

333. In the T.I. Parades held on 07/11/2006, PW-57 identified A.1,
PW-62 identified A.3, and PW-74 identified A.4. All these witnesses
further identified the above referred accused in the court too, after
more than four years from the date of sighting of the accused.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
183

334. PW-57, PW-62, and PW-60 identified A.1, A.3, and A.13
respectively in T.I. Parades held by Shri. Barve. We have already held
that on 07/11/2006, Shri. Barve had no authority as SEO to conduct
T.I. Parades. Therefore, the T.I. Parades conducted by Shri. Barve,
wherein PW-57, PW-62, and PW-60 have identified the above referred
accused, vitiate. The effect of the same will be that there were no
identification parades identifying A.1, A.3, and A.13 by PW-57, PW-62,
and PW-60 respectively, but only dock identification is there.

335. One more factor, other than delay, which needs to be kept in
mind while scrutinizing the evidence of these witnesses, is that they all
have given their statements under Section 161 of Cr.PC after retraction
of confessions by the accused namely A.1, A.3, and A.4. Furthermore,
according to the defence, PW-57 and PW-62 are got up witnesses,
whereas, PW-74 is a stock witness.

336. There is another reason for the defence to say that these
witnesses are either got up or stock witnesses, i.e., there were five
injured passengers who were traveling in the trains in which the blasts
had taken place. These five injured passengers were Suresh Suvarna,
Constable Santosh Prakash Khanwilkar, Ramanand Marutirao
Machchewar, Prabhakar Dattatray Sadekar, and Vijaykumar Babanna
Rayappa. They all claimed that they saw the suspects of the blasts and
gave description of the suspects in their statements u/s 161 of Cr.PC
which they gave within a short span of the incident, and much prior to
invocation of MCOCA. Despite this, none of them was examined as
witness or called for T.I. Parade.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
184

337. As far as PW-60 is concerned, he gave his statement under
Section 161 of Cr.PC on 14/07/2006, i.e., on the fourth day of the
incident. However, despite the fact that the first arrest was made on
20/07/2006 and further arrests were continued till 03/10/2006, PW-
60 was not called for T.I. Parade till 07/11/2006.

338. Thus, the factors which prompt us to be cautious are, namely: –

i) Not calling PW-60 for identification for more than three and
half months from the date of recording of his statement u/s 161
of Cr.PC, despite the fact that the first arrest was made on
20/07/2006,

ii) A huge delay of 100 or more days in approaching the police for
giving statement u/s 161 of Cr.PC, by PW-57, PW-62, and
PW-74,

iii) Delay of four months in conducting T.I. Parade, wherein PW-

74 identified A.4,

iv) The witnesses who have given their statements u/s 161 of
Cr.PC within a short span of the incident and much before
invocation of MCOCA, were not examined or called for T.I.
Parade,

v) One Mohanlal Kumawat who claims that some Kashmiri
people purchased eight cookers from his shop in the month of
May 2006. Though his statement is relevant from the point of
view of the prosecution story that the bombs were packed in
cookers by the accused, he was not examined or called for T.I.
Parade, and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
185

vi) According to the defence, these witnesses are either got up
witnesses or stock witnesses.

339. Learned Counsel Shri. Chaudhary submits that it is almost
impossible for someone to be attentive to a stranger. Virar bound trains
are always crowded and there is a heavy rush on them in the evenings.
It is very difficult to get down at Dadar on a fast train, because as soon
as the train stops at Dadar, a rush of persons enters the train. It is, thus,
difficult to believe that he remembered a complete stranger whom he
saw in such strenuous circumstances, remembered his bag so many days
after the incident, and remembered the type of bag for four years, and
identified that person who he claimed to have seen just for few
moments.

340. On the other hand, the learned SPP argues that the reason for
triggering their memory has come in the evidence of these witnesses.
He, accordingly, submits that these witnesses are trustworthy and can
be made basis for conviction.

341. In the above referred backdrop, let us now examine the evidence
of witnesses PW-57, PW-60, PW-62, and PW-74.

PW-57 Subhash Nagarsekar

342. PW-57 claims that he saw A.1 – Kamal keeping a big rexine bag
on the luggage rack of 5:57 PM virar Fast train on 11/07/2006.
However, he remained silent till 18/10/2006 (i.e for 100 days) and on
that day, he gave his statement under section 161 of Cr.P.C. He
identified A.1 in TI parade held on 07/11/2006 (i.e after four months of
the sighting). Therefore, the defence has questioned his credibility.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
186

343. Before scrutinizing the evidence of PW-57, there is one
important question raised by the defence that no T.I. Parade was
conducted. It is argued that A.1, in his 313 statement, states that he was
taken out from the Anda Cell at around 1:30pm and put back at
1:50pm. He further states that no T.I. Parade was held.

344. This submission made by the defence requires us to look into
the Awak-Jawak Register maintained in the Arthur Road Jail and
referred by the defence. In the said register, whenever any accused goes
outside and comes inside, on both occasions, the entries are made as
regards the name of the accused and the time of going outside and
coming inside the barrack.

345. The entries in such Awak-Jawak Register in relation to the T.I.
Parade of A.1, held on 07/11/2006 are as under : –

CHART NO. 33

       Register at Arthur Road Jail                   TIP Memo
               (Exh. 2474)                    SEO: PW 82 - Shashikant Barve

                                                                      Panchnama
       Outward                   Inward       Panchnama Start
                                                                         End

     07/11/2006,               07/11/2006,      07/11/2006,           07/11/2006,
       1:30 pm                   1:50 pm     [Time not mentioned]       3:25 pm

346. However, PW-57, who identified A.1 in the fourth round, which
according to him, took place at around 2:15 pm. Whereas, we have in
the above referred chart that A.1 came out at 1:30 and went back in the
Barrack at 1:50pm.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
187

347. At the same time, PW-82 Shri. Barve, who conducted the T.I.
Parade wherein PW-57 identified A.1, has stated in cross-examination
that the parade started at about 2:30 pm and was over at about 3:15
pm.

348. The above referred discrepancies, are serious and have not been
explained by any satisfactory explanation. Therefore, it can be said that
the relevant entries in the Avak-Javak Register, maintained in the
Prison, are contrary to the contents of Panchnama of T.I. Parades.
Moreover, panchas to this panchnama are not examined.

349. We now proceed to examine the evidence of PW-57. According
to PW-57, it was Guru Pournima, therefore, he wanted to go for
darshan to the Saibaba Temple in Vartak Nagar, Thane.

350. As per prosecution, for PW-57, the reason for triggering his
memory as regards his encounter with A.1, is that on 11/07/2006, there
was Guru Pournima and he went for darshan to SaiBaba Temple in
Vartak Nagar, Thane.

351. This possibility, as suggested by the prosecution, may not be
ruled out. Therefore, it would help PW-57 to trigger his memory to
recollect the events relating to this incidence or events prior to or after
this incidence. But, we are ascertaining the possibility of recollection of
face of A.1 after a huge gap, that too in absence of any evidence
brought on record for justifying the reasons to recollect the face of A.1.
Identification of an accused by a witness, either in identification parade
or in dock identification, means he identified the accused mainly by his
face.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
188

352. PW-57 deposed that at about 5.15 to 5.30 p.m., he started from
his house and went to the Charni Road Station. He sat on the fast train
going towards Churchgate. He was in the first class compartment,
which was the first from Virar side. He was sitting inside the
compartment by the window side, facing towards Virar. He did not get
down at Churchgate as he wanted to go to Dadar and then to Thane.

353. PW-57 further deposed that at Churchgate station, people
entered the compartment. Some people kept their bags on the racks. At
that time two persons entered the train from the left side door, with a
big rexine bag. They kept it on the rack above him. As there was more
crowd, he asked his neighbour as to which train it was. He told him
that it was the 5.57 p.m Virar fast train. It had halted at platform no.3
at Churchgate. The bag was blackish in colour. The two persons stood
in the passage.

354. From this part of narration, it is evident that, at Churchgate
station people entered the compartment. It is further evident that some
people kept their bags on the racks. At that time, PW-57 noticed two
persons enter the train from the left side door with a big rexine bag.

355. While referring to these two persons, he has not given any
reason to attract his attention towards these two persons. Thus, these
two persons entered into the train like other passengers. Similarly, these
persons entered with a bag and kept their bag on the rack like other
passengers.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
189

356. If the big rexine bag was the reason to attract the attention of
PW-57 towards these two people, he could not give the description of
the bag.

357. However, in absence of such description, if we consider the
prosecution story that the bombs were packed in the cookers, and
therefore, if we try to ascertain the possible size of the bag on the basis
of the size of the cooker, then we need to undertake an exercise on the
basis of two pieces of evidence available on record.

358. From the evidence on record, we can ascertain both, the
diameter of the gasket and the capacity of the cookers used. The first
relevant piece of evidence is the House Search Panchnama of A.6
(Exh.716). This Panchnama reveals that the pressure cooker recovered
from the residence of A.6 had a capacity of 5 litres. This supports the
conclusion that the cookers employed in the offence were of 5-litre
capacity.

359. The second relevant piece of evidence concerns the diameter of
the gaskets used in the cookers. Seven gaskets, claimed to be of the
cookers used for the bombs, were recovered under Panchnama
Exh.1108 (Recovery Panchnama of leftover bomb materials at the instance of
A.3), which shows the outer diameter of the gasket as 220 mm
(approximately 8.661 inches). This measurement is consistent with the
standard dimensions of a 5-litre pressure cooker.

360. It is pertinent to note that the typical dimensions of a 5-litre
pressure cooker, irrespective of the manufacturer, are approximately 41
cm in width and 20 cm in height (equivalent to 16.14 inches in width,
including handles, and 7.874 inches in height).

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
190

361. Therefore, the size of the cookers used can be stated to be
approximately 16.14 inches in width and 8 inches in height. To put this
in perspective, if these dimensions are compared with a standard A4-
size paper (used for Court proceedings) which measures 8.27 inches in
width and 11.69 inches in height, it can be observed that the height of
the cooker is nearly equal to the width of an A4 sheet, while its width
exceeds the height of an A4 sheet by approximately 4 inches. This
comparative visualization aids in comprehending the physical
dimensions of the cookers used in the offence.

362. This exercise we have done just to find out the size of the bag
required for putting a cooker. From the above referred discussion, as
regards size of 5-litre cooker, it is now certain that the bag required to
put such cooker will be of a normal size and in any case it will not be of
an abnormal size, which would attract anybody’s attention, including
the attention of PW-57, and give cue for triggering memory.

363. PW-57 then, deposed that the train started at 5.57 p.m. It was
slow upto Bombay Central. As he wanted to get down at Dadar, before
Bombay Central he went towards the left door and stood there. The
train started from Bombay Central. There was a heavy rush at Dadar,
therefore, at Dadar from the corner he got down immediately and
stood by the side wiping his face by his handkerchief. At that time he
realized that the person who had kept the bag there had also got down
along with him at Dadar. Two persons were with him when he got
down.

364. PW-57 in this part of his narration states that there was heavy
rush at Dadar therefore from the corner he got down. Further, in cross-

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
191

examination, he states that he was the first person to get down when
the train was about to stop which suggests that he got down in a
moving train. Though he again speaks about these two persons who got
down along with him at Dadar Station, but he could not tell in the
cross-examination how many persons got down behind him or their,
age group or the people who were trying to get in and get out of the
train.

365. From the above referred evidence of PW-57, it can be safely said
that the accused was seen by him in the train barely for a very short
time in the middle of crowd, which makes it impossible for him to
clearly view or record the face of the accused.

366. Furthermore, PW-57 did not give any special reason for
remembering A.1 and his face, even after about 100 days. Such
explanation is required in the backdrop that PW-57 in his cross
deposed that, he was not paying much attention to the persons entering
the coach and was not in a position to tell any description of any other
passenger. The train became crowded at Churchgate.

367. It is important to note that, when PW-57 claims that he can
identify and describe A.1, he could not describe the person who was
sitting beside him in the train to whom he asked about the train. In
cross-examination, he failed to tell the age of that person or his clothes.
He also failed to tell the description of the person who was sitting in
front of him. He could not tell the number of person standing in the
passage. Though he saw people keeping their briefcases, small bags on
the racks, he could not tell the make and the colour of those bags. He

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
192

could not describe the persons who were standing beside him in the
passage when he stood there at the Bombay Central Railway Station.

368. In these circumstances, the evidence of this witness creates
doubt about the trustworthiness and credibility of this witness.

369. As far as his silence for about 100 days, PW-57 states that he
realized in the first week of October that a bomb blast had taken place
in the first class compartment of the train in which he had traveled and
that it was 5:57 pm train. At the same time he deposed that he told his
wife when he returned home on 11/07/2006 that he traveled in the
5:57 Virar train, and also saw in the news that the blast had taken place
in the 5:57 Virar Train.

370. Thus, it is evident that from day one he knew that the blast had
taken place in the 5:57 Virar Fast train. Therefore, the case of the
prosecution that he first time realized in the first week of October 2006
that the bomb blast had taken place on the train in which he had
traveled, cannot be accepted.

371. Thus, in the circumstances, if the evidence of PW-57 is
considered in totality it doesn’t inspire confidence for basing the
conviction on his evidence. The credibility and trustworthiness of this
witness itself is thus doubtful for the reasons recorded herein above.

372. Let us see the observations made by the Learned Special Court
while accepting the evidence of PW-57 which read thus: –

“509. … Thus, it will have to be said that the evidence of Subhash
Nagarsekar, PW-57, in respect of the incident in question, is
unimpeached and is a cogent evidence. He has withstood the test of
cross-examination and nothing material has been brought on record

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
193

to discredit his version. That the witness is a totally independent
witness, is absolutely clear from the most important fact that he has
no criminal antecedents and no prior connection with the police
either as an accused or a witness or a panch. This rules out the
possibility about he being a pliable police witness and a got up
witness and it will have to be held that his evidence is not fabricated.
I have, therefore, no hesitation in accepting his testimony as
truthful. This is the circumstance no. 3 proved by the prosecution
against the accused. Hence, it will have to be held that by his
evidence prosecution has proved that on 11/07/06 the Al had kept a
big rexine bag in the first-class compartment of the 5.57 p.m. Virar
fast train at Churchgate and he was accompanied by a person, who
did not get down at Dadar. It is against the A1.”

373. In light of the findings recorded by us, we have no hesitation to
hold that the Learned Special Court committed a grave error on placing
reliance on the evidence of PW-57.

PW-60 Kishore Popatlal Shah

374. PW-60 Kishore Popatlal Shah identified A.13 in T.I. Parade held
on 07/11/2006. He claims that he saw A.13 keeping a black bag on the
luggage rack of 5:37pm Virar Fast train (621 DN) on 11/07/2006. The
explosion in the said train occurred at 06:28pm while the train was at
Platform no. 4 of Borivali Railway Station.

375. It is pertinent to note that we have already held that the T.I.
Parades held by Shri. Barve vitiate for the reason that on the date of T.I.
Parade, he had no authority as SEO. Thus, the T.I. Parade, in which
PW-60 identified A.13, is to be discarded as it was conducted by Shri.
Barve.

376. Despite this, even if for a moment, if we consider the T.I.
Parade, in which PW-60 identified A.13, it is evident that the T.I.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
194

Parade was held after four months of the alleged sighting of A.13 by
PW-60. It is to be noted that the first accused was arrested on
20/07/2006 and the last accused was arrested on 03/10/2006. If the
ATS had no knowledge to whom PW-60 had seen keeping a black bag
in the train, ATS ought to have called PW-60 immediately after the first
few arrests, for T.I. Parade.

377. In addition to this factor, we have already discussed the factors
as regards the witnesses of second category which prompt us to be
cautious while scrutinizing the evidence of PW-57, PW-60, PW-62,
and PW-74.

378. There is one more reason to be cautious as regards PW-60, and
that is the evidence brought on record by way of cross-examination by
the defence to the effect that PW-60 was called in Bhoiwada Police
Station in the last week of October 2006 and at the same time A.13 was
also kept in Bhoiwada Police Station. Therefore, it is argued by the
defence that A.13 was shown to PW-59, PW-60, and PW-63 in the last
week of October 2006.

379. PW-60 identified A.13 in the court on 04/01/2011, i.e., after a
period of about more than four and a half years from the alleged date of
sighting.

380. It is argued by the defence that PW-60 deposed that he would
not have recognized any of the dummies in the T.I. Parade if they were
repeated in the subsequent parade. Thus, it is submitted that PW-60
does not have an unusual memory, or an eye for detail or remembering
faces. If he would not have recognized the dummies, whom he had a

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
195

chance to see carefully, there was no reason for him to remember the
passenger with the bag.

381. Learned Counsel Shri. Choudhary submitted that the IO PW-
144 states that the description given by PW-60 was not sufficient for
identifying any person. Even the IO PW-174 states that the statement
of PW-60 was insufficient to identify the culprit.

382. Learned SPP, on the other hand, submits that this witness had
identified the accused in TIP. However, on coming to know that the
police had visited his house repeatedly he went to Bhoiwada ATS
office. This explains that there has not been any delay.

383. Before we peep into the evidence of PW-60, let us reiterate the
law as to why holding T.I. Parade without unreasonable delay is
necessary. The Hon’ble Supreme Court of India, in the case of Gireesan
Nair vs. State of Kerala, (2023) 1 SCC 180, has held that it is a matter
of great importance both for the investigating agency and for the
accused and a fortiori for the proper administration of justice that a TIP
is held without avoidable and unreasonable delay after the arrest of the
accused. This becomes necessary to eliminate the possibility of the
accused being shown to the witnesses before the test identification
parade. This is a very common plea of the accused, and therefore, the
prosecution has to be cautious to ensure that there is no scope for
making such an allegation. It is further held that if identification in the
TIP has taken place after the accused is shown to the witnesses, then
not only is the evidence of TIP inadmissible, even an identification in a
court during trial is meaningless.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
196

384. In the case at hand, PW-186 Chief I.O. Shri. Patil admits that
A.13 was in Bhoiwada lock-up in the last week of October 2006. And
at the same time, PW-60 himself and PW-186 Shri. Patil both admitted
that PW-60 was called to the ATS, Bhoiwada office in the last week of
October 2006.

385. In the said backdrop, it is important to note that A.13, in his
complaint dated 09/11/2006, has stated that while he was in police
custody he was shown to some persons. He said ‘some persons’ because
on the date of complaint he was unaware of their names. However, after
PW-59, PW-60 and PW-63 entered into witness box, he got to know
their names. He, therefore, in the statements under sections 313, 314 of
Cr.PC and in his oral evidence on oath, stated that he was shown to
PW-59, PW-60 and PW-63 in the last week of October 2006.

386. The evidence of PW-60 will show that he has not given a special
reason for triggering of his memory and to recollect the face of A.13 at
the time of dock identification. Therefore, possibility of showing A.13
to PW-60 in Bhoiwada prison in the last week of October 2006 is
difficult to rule out.

387. In the above referred backdrop, let us scrutinize the evidence of
PW-60. According to PW-60, he boarded the 5.37 p.m. Virar fast local.
He was standing in the middle of the two doors. About two minutes
before the departure time of the train, two persons entered the
compartment and said that they wanted to go inside. He moved aside
to let them go inside and they went inside and kept their bag on the
luggage rack. Thereafter, they came and stood near him. Out of the two
men, one was slightly fat and one was medium-built. The bag was in

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
197

the hand of the medium built person. The bag was black coloured
having chain. He does not know whether it was of rexine. There was
more crowd in the compartment at Marine Lines. After Bombay
Central, the train was to directly halt at Dadar. At that time those two
persons tried to go towards the door and they had some exchange of
words with other passengers who asked them where they wanted to get
down. The two persons told them that they want to get down at Dadar.
The other passengers asked them as to why they were standing so much
inside in the compartment and that there were many trains for going to
Dadar and why they caught the Virar train. He also thought that why
they had boarded that train and troubled others.

388. From this part of narration of PW-60, it is evident that the train
was crowded and therefore, according to PW-60, A.13 had some
exchange of words with other passengers who asked them as to why
they were standing so much inside in the compartment and there were
many train for going to Dadar and why they caught the Virar train. At
that time, PW-60 also thought that why they boarded that train and
troubled others.

389. If this part of the narration is the reason to trigger the memory,
there is nothing unusual in exchange of words between the passengers
in the crowded local trains in Mumbai. Such incidences happen
everyday. Even if this is so, and it is accepted that this was the reason
for triggering of memory, this would help to recollect this event even
after lapse of time, but unless a special reason is mentioned about
imprinting of face of accused in his mind, it is difficult to accept that
PW-60 could recollect the face of A.13 after such a long gap. There is
one more reason to say so as he has not given description of the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
198

accused, except stating that one was slightly fat and one was medium
built (Whereas, in his statement under Section 161 of Cr.PC, he described
both the persons as medium built).

390. PW-60 further deposed that thereafter they got down at Dadar.
He went towards the opposite door as he wanted to get down at
Borivali and he was waiting for the platform no. 4 to come. The train
reached Borivali at about 6.30p.m. When the train was about to stop,
there was a loud explosion and he along with the other persons who
were standing in the door were thrown on the platform. He lost his
spectacles, purse, mobile and a handbag of clothes and his pant was
torn. He sustained injuries on his forehead, lips, both elbows and legs.

391. Then he states that a policeman approached him and told him
that he is injured and he would take him to the Bhagwati Hospital. He
told him that he did not want to go to the hospital and asked him to
engage an autorickshaw for him so that he can go home. A couple was
going by an autorickshaw, the policeman asked them to come out and
made him sit in that rickshaw and then he went home. When he went
inside his home, even his wife could not recognize him as his face had
blackened and there were injuries and blood on his face. Then he went
and took treatment from Dr. Gohil, who is his family doctor. In the
same night he also went to an ENT doctor, who advised him to take
rest.

392. He further states that after about two days, i.e., on 14/07/2006,
he went to Borivali Railway Police Station. He told the police that he
was injured in the bomb blast and he had a doubt about two persons.
Police took his statement about the incident. He gave some description

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
199

of the two persons, but the police asked him to wait as they were going
to call a person who would prepare a sketch. He waited for some time
but he did not come, therefore, he went back.

393. He further states that in between police visited his house two or
three times to meet him but he was not at home. Thereafter, in the last
week of October, 2006, he went to the ATS office behind Bhoiwada
Police Station to inquire as to why they (police) had come twice or
thrice. He was taken to officer Patil. Officer Patil told him that they had
caught some persons and asked him whether he could identify the
persons about whom he had stated in his statement. He told Officer
Patil that if they are brought before him, he can identify them.

394. Then, PW-60 was called by PW-186 on 07/11/2006 for the
purpose of identification parade. In a parade conducted by Shri. Barve,
he identified a person standing at the 8th place out of the fourteen
persons standing in the row there. He told Shri. Barve that he was the
person who had kept the bag on the train on the day of the blast. Shri.
Barve asked him his name and he told it as Asif Bashir Khan (A.13).

395. In cross-examination, PW-60 deposed that the police did not
ask him to describe the size of the bag. He states that it is not unusual
for people to board trains with bags and keep them on the luggage
racks. Even the persons who get seats, keep their bags on the luggage
rack.

396. He further states that except describing the two persons as
medium built and slightly fat, he did not give any other description as
the police did not ask him. He did not give any other description as the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
200

police asked him whether he would help them in preparing sketches
and he said yes.

397. Whereas, PW-144 (PI Satish Ahir), who recorded the statement
of PW-60, states that the description given by PW-60 was not sufficient
for identifying any person. He deposed that he wrote down the
description of the suspects as per PW-60’s version. He did not give
more description than that he gave. PW-144 further admits that he did
not make any query to him about the description. The description that
he (PW-60) gave was not sufficient for identifying any person. He did
not ask him further questions about the description as they had other
sources like preparing sketches, showing photographs of the person. He
did not get any sketch prepared. He further states that witness (PW-60)
had not stated to him that one out of two persons was slightly fat.

398. Admittedly, the sketch of A.13 was not prepared for whatsoever
reasons.

399. Similar is the statement of IO PW-174 who deposed that the
statement of PW-60 was insufficient to pin point the identity of the
culprit.

400. The evidence of PW-144 and PW-174 sufficiently make it clear
that the description given by PW-60 about the person who kept the
bag was not sufficient to identify the accused. Thus, the description
given by PW-60 within four days of the incident is said to have not
sufficient to identify the accused. This fact strengthens the submission
made by the defence that A.13 was shown to PW-60 in Bhoiwada lock-
up.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
201

401. Having held so, the evidence of PW-60 loses its credibility and
is not safe to place reliance upon for conviction of A.13.

402. Let us see the observations made by the Learned Special Court,
while placing reliance on the evidence of PW-60, which read thus: –

“622. It is clear from the above discussion that the evidence of
Kishore Shah, PW-60, is an unimpeached and cogent evidence and
as is alleged by the defence, it cannot be said that he is a got up
witness, because he went to the railway police station on 14/07/06,
i.e., two days after the incident when the ATS was not investigating
the crime. He has no criminal antecedents, he had not acted as a
panch witness or a witness in any previous case thereby having no
contact with the police. I have, therefore, no hesitation in accepting
his testimony as truthful. Hence, it will have to be held that by his
evidence the prosecution has proved that on 11/07/06, the A13 had
kept a black coloured bag having chain in the first-class
compartment of the 5.37 p.m. Virar fast local at Churchgate and he
was accompanied by one more person. This is circumstance no. 6
proved by the prosecution. It is against the A13. It is the second
circumstance against the A13.”

403. In light of the observations and the findings recorded by us as
regards the evidence of PW-60, we have no hesitation to hold that the
Learned Special Court committed a grave error on placing reliance on
the evidence of PW-60.

PW-62 Devendra Lahu Patil

404. PW-62 Devendra Lahu Patil identified A.3 in T.I. Parade held
on 07/11/2006. He claims to have seen A.3 keeping a black coloured
bag below the seat near the window on the 5:36 pm Borivali Slow train
(619 DN) on 11/07/2006. The explosion in the said train occurred at
06:24 pm at Jogeshwari Railway Station.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
202

405. Learned Sr. Counsel Nagamuthu submitted that, more than 101
days after the incident, PW-62 thought that he had seen a person
keeping a bag on the train and therefore, his S.161 statement was
recorded on 20/10/2006. He identified A.3 as the said person in TIP
on 07/11/2006, i.e., 119 days after the incident. He also identified A3
in Court. This delayed disclosure of almost 101 days in his 161
statement in itself renders his evidence unreliable.

406. Learned Sr. Counsel Shri. Nagamuthu argues that PW-62, in his
statement under section 161 of Cr.PC, does not describe the men that
he saw with the bag. He also does not describe the bag to the police.
PW-62’s statements in chief regarding where the two men went upon
entering and that they kept the bag under the seat comes by way of
omission.

407. It is argued that in his evidence in court, PW-62 attempts to
explain this delay by stating that he found out the fact about the use of
bags only on 17th or 18th October 2006. However, this contradicts his
S. 161 statement which was earlier in time and more likely to be
accurate.

408. On the other hand, Learned SPP argued that PW-62 has given
cogent evidence and he has no criminal antecedents or connection with
police as a panch witness. It is argued that his testimony is truthful and
his credibility nowhere has shaken in cross examination. It is further
argued that the Learned Special Court has rightly placed reliance on his
evidence for conviction of A.3.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
203

409. It is evident from the record that PW-62 remained silent till
20/10/2006, i.e., for 102 days and gave a statement under section 161
of Cr.PC on 20/10/2006 and the T.I. Parade was conducted on
07/11/2006. However, it is pertinent to note that Shri. Barve
conducted the said T.I. Parade. We have already held that the T.I.
Parades held by Shri. Barve vitiate for the reason that on the date of T.I.
Parades he had no authority as SEO. Thus, the T.I. Parade in which
PW-62 identified A.3 is to be discarded, and only dock identification
needs to be considered keeping in mind the value of dock identification
without corroborative evidence of T.I. Parade. At the same time, the
factors which we discussed in the beginning which suggest us to be
cautious, also need to be kept in mind while scrutinizing the evidence
of this witness.

410. According to PW-62, he had some work at about 3.00 p.m. at
the Custom House in Fort. Therefore, he had gone there. The work
there was finished in one and a half hours and then he wanted to go to
Goregaon-Malad. He went to Churchgate station. When he reached the
platform, the Churchgate-Borivali 5.36 p.m. slow local was coming to
the platform. He boarded the first class bogie that was fourth from the
motorman cabin. He stood near the last row of seats in between the gap
of the two rows of seats. Some people were sitting and there were some
vacant seats. A person had boarded the train along with him. He had a
black coloured bag with him. There was another person with him. The
person who had the black bag with him, tried to keep the bag on the
rack. As there were some small bags already on the rack, he could not
keep his bag there. Therefore, he kept his bag below the seat near the
window that was facing towards Churchgate. He sat on that seat. The
other person stood in between the two rows of the seats.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:24 :::
204

411. PW-62 further states that at the two-three stations thereafter, the
crowd in the bogie increased. He could not see those persons thereafter.
He was pushed back because of the crowd. The train reached
Jogeshwari after about 6.15 p.m. After the train started from
Jogeshwari, there was a loud explosion.

412. PW-62 further states that after some days it was in the news that
some persons had kept black bags containing bombs in the trains and
the blasts had taken place. He thought that he had seen the person
keeping a bag in the train and therefore, he should go to the police.
Therefore, he went to the ATS office, Bhoiwada on 20/10/06. He met
ACP Patil there and told him that he wanted to give some information
about that incident. He gave him the information about the incident in
the train that had taken place in his presence. They wrote his statement.
He described the two persons whom he had seen.

413. We have already discussed, in detail, what would be the size of
the bag used for keeping the pressure cookers loaded with bomb while
discussing the evidence of PW-57. And after a detailed discussion, and
after ascertaining the possible size of the bag used for keeping such
cookers, we have held with certainty that a bag could not be of an
abnormal size but it would be of a normal size which could not be the
reason to attract anybody’s attention.

414. Therefore, it is difficult to accept that on a reference in the news,
about a ‘black bag’ containing bomb, PW-62 recollected the event and
went to the police. Even if it is accepted for a moment, it will help PW-
62 to recollect the event, and not the face of A.3. It is to be noted that
in a statement given under Section 161 of Cr.PC, no description of the
accused is given by PW-62.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
205

415. Moreover, PW-62 has not given any special reasons for storing
the face of A.3 in his memory. In absence of such evidence, one may
recollect the event, but it is difficult to accept that he can recollect the
face of A.3 after such a long gap.

416. PW-62 identified A.3 in the court and stated that he was the
same person whom he had identified in the T.I. Parade on 07/11/2006
as the person who had kept the black bag in the train on 11/07/2006.

417. Similarly, in his statement under section 161 of Cr.PC, PW-62
claims that he works as a customs clearing agent and on 11/07/2006,
i.e. on the date of blasts, he had gone for customs clearing work to Fort
and after completing the work he had gone to Churchgate station.
However, in the cross examination, he admits that he had not gone
there for customs clearing work. He further admits that he did not have
any work in custom house on that day.

418. PW-62 claims that from Fort he boarded the train at Churchgate
in order to travel to Goregaon. However, he is unable to give any
reason as to why he had to go to Goregaon. He claims that he was
going to Goregaon to meet some parties for customs work, but he is
unable to name them or even state their office address. He is also
unable to state any of the details of the parties for whom he deposited
custom duty with bank. He admits that he has never obtained any
challan from the customs office for payment of custom dues. He is also
unable to name any party he had worked for on 11/07/2006.
Therefore, the evidence of PW-62 creates doubt about the credibility of
this witness.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
206

419. A.3, in his statements under section 313 and 314 of Cr.PC, states
that on 07/11/2006 he was taken out at 1:30 pm from the lock up and
put back at 1:50 pm and no T.I. Parade was held. This fact is
corroborated with the jail register (Exh.2474) which shows that A.3
was taken out at 1:30 pm and put back at 1:50 pm. Whereas, according
to PW-82, the parade started at around 12:10 hrs. and ended at 2:30
hrs.

420. Thus, the identification of A.3 goes on the ground of
truthfulness and on the ground that Shri. Barve SEO had no authority
on 07/11/2006 to conduct TI Parade of A.3.

421. In the circumstances, in absence of any cogent evidence to show
that there was some special reason for PW-62 to recollect the face of
A.3 after such a long gap, it will be hazardous to rely upon this witness
to convict A.3.

422. Let us see the observations made by the Learned Special Court
while placing reliance on the evidence of PW-62, which read thus: –

“536. In view of the above discussion, it will have to be held that
Devendra Patil, PW-62, has given cogent and convincing evidence.
Considering the fact that no criminal antecedents or his connection
with the police of he having acted as a panch or witness or as an
accused in some case have been brought on record, it will have to be
held that he is an independent witness. This rules out the possibility
of he being a pliable police witness and a got up witness and it will
have to be held that his evidence is not fabricated. I have, therefore
no hesitation in accepting his testimony as truthful. Hence, it will
have to be held that by his evidence the prosecution has proved that
on 11/07/06, the A3 had kept a black coloured bag in the first-class
compartment of the 5.36 p.m. Churchgate-Borivali slow train at
Churchgate and he was accompanied by one more person. This is
circumstance no. 4 proved by the prosecution. It is against the A3. It
is the second circumstance against the A3.”

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
207

423. In light of our findings, it can be said that the Trial Court
committed a grave error on placing reliance on the evidence of PW-62.

PW-74 Vishal Parmar

424. PW-74 Vishal Parmar identified A.4 in T.I. Parade held on
07/11/2006. He is claiming to be an eyewitness who saw A.4 with a
black rexine bag at the time of boarding 607 DN Virar Fast train on
11/07/2006. He further claims that when A.4 got down at Dadar with
one more person said bag was not with them. The explosion in the said
train occurred at 06:23 pm when the train had just departed from Mira
Road Station.

425. However, after the incident, he remained silent for 115 days and
gave a statement under section 161 of Cr.PC on 02/11/2006. His
evidence came to be challenged on various grounds including a ground
that he is a stock witness and has acted as a Panch in at least four cases
other than the present case. It is further challenged on the ground that
he is an employee of one Mukesh Rabadiya who is also a stock witness
of the police and who acts regularly as a panch witness for the police
and has acted as RDX seizure panch in the present case.

426. Learned Counsel Shri. Chaudhary argues that PW-74 did not
visit ENT Hospital to meet one Baban Rankhambe, therefore, the
whole story is falsehood.

427. Whereas, the Learned SPP submits that there is a strong
probability that the witness might have stated incorrect name because
of similar phonetic, it was mistakenly understood by the typist as
‘Baban Rankhambe’ instead of ‘Baban Rongya Kamble’.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
208

428. Learned SPP opposed the connection of Mukesh Rabadiya with
the police on the ground that he has not been examined as a witness in
this case. He further submits that on the ground that Mukesh Rabadiya
was panch witness in three cases, the evidence of PW-74 cannot be
discarded.

429. Learned Counsel Shri. Chaudhary further pointed out that even
a story that PW-74 on the date of incident, had gone to meet one Lalit
Waghela at BMC Bank is also false as the said person was on leave.

430. There is one more challenge raised by the defence in relation to
the discrepancies in the jail register and timing mentioned in the TIP
Panchnama. This submission by the defence requires us to look into the
Avak-Jawak Register. A comparative chart of of the timings mentioned
in the jail register as well as the TIP Panchnama can be seen in the chart
herein under.

CHART NO. 34

        Register at Arthur Road Jail                  TIP Memo
                (Exh. 2474)                   SEO: PW 80 - Kirti Purandare

        Outward                  Inward      Panchnama Start    Panchnama End

     07/11/2006,               07/11/2006,    07/11/2006,         07/11/2006,
      12:35 pm                  12:40 pm       12:55 pm            1:30 pm

431. PW-80, in cross, while referring to Exh.835 (short notes taken by
PW-80 during TIP), stated that he conducted the TIP between 11:55 am
to 1:30 pm. Learned Counsel states that, as per PW-80, the accused
were outside the barracks for this entire duration.

432. As early as his complaint on 09/11/2006, A.4 states that he was
taken into an open ground for a few minutes and were shown to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
209

witnesses who were inside a room and further that proper dummies
were not selected. A.4 has stated that he was taken out of the barrack
for 5 minutes and no T.I.Parade was held. The so called T.I.Parade was
conducted within 5 minutes, three witnesses identified him on the
pointing of the officers. This fact, in addition to the earlier
observations, brings the truthfulness of this witness under shadow of
doubt.

433. PW-74 Vishal Parmar has deposed that he had gone to ENT
hospital in front of Hutatma Chowk at 4.30 pm on 11/07/06. After the
work there was over, he got a call from his employer who directed him
to go to the BMC Bank at Dadar.

434. This part of the deposition of PW-74 relates to the prior events
before boarding the train. According to PW-74, as he stated in cross-
examination, he went to ENT Hospital to meet one Baban
Rankhambe. Whereas, the information obtained by the defence under
RTI (Exh.3808) shows that there is no person ‘Baban Rankhambe’
working in the ENT Hospital. As per the information obtained by the
prosecution from ENT Hospital vide Exh.3929, it is revealed that one
Mr. Baban Rongya Kamble was an employee in ENT Hospital.
According to Learned Counsel Shri. Chaudhary, the whole story of
PW-74 is false because no such person was working. However, Learned
SPP argues that there is a strong probability that the witness might have
stated the name as ‘Baban Rongya Kamble’ but because of the similar
phonetic, it was wrongly typed as ‘Baban Rankhambe’.

435. Even if the argument of learned SPP is accepted, the RTI
information (Exh.4391) shows that Baban Rongya Kamble was

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
210

supposed to be on night shift on the date of the incident, however, he
was absent. Thus, it creates doubt about the veracity of the evidence of
PW-74.

436. PW-74, in his oral evidence, further deposed that at 5.15 p.m.,
he went to Churchgate Station as he wanted to go to Dadar. He went to
platform no.3. He stood near the first class bogie that was in front. The
indicator on the platform was showing a train of 5.19 p.m. going
towards Virar. Two persons came there and asked him whether Virar
fast train would go from there. He looked at the indicator and told
them that such a train is going from there. Thereupon they stood there.
After two or three minutes the train came there. Out of those two
persons, the person other than the person who had asked him about
the train and the time, had a black rexine bag with him.

437. From this part of the narration, it is evident that there was a
brief interaction while making inquiry about the train, between the
witness and the accused. In this part, there is a reference to black bag,
about which, we have made detailed discussions while considering the
evidence of PW-57. With the evidence available on record, we also
recorded our finding as regards the probable size of the bag and at the
end of the said discussion, we observed that the bag in any case could
not be of an abnormal size which will attract anybody’s attention.

438. PW-74 further deposed that they had started to board the train
before him and when he was boarding the train, the rexine bag hit his
leg. He wanted to catch a window seat, but he did not get it. He sat on
the seven-seater long bench, facing Churchgate, at the third seat from
Hutatma Chowk side. Those two persons stood in the passage in

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
211

between at some distance. After the train started, he looked at the bag
and thought that it was a big bag being carried in the first class
compartment.

439. Here, in this part, PW-74 refers to hitting of black bag to his
legs, and further he deposed that though it was a big bag, it was being
carried in first class compartment. If the incident of hitting of the bag
to his leg is the cue to triggering his memory, then unless PW-74
specifically states that he noticed the face of the accused or stored the
same in his memory for certain special reasons, such cues would, at the
most, help the witness to recollect the event, and not the face of the
accused, that too after a long gap of 120 days.

440. PW-74 further deposed that at Bombay Central, the bogie
became crowded. After Bombay Central, the train stopped at Dadar.
After the train had passed the Elphinstone Station, he started moving
towards the door as he wanted to get down at Dadar. He got down at
Dadar. The two persons got down in front of him at Dadar and were
walking fast empty handed. As he was engrossed in the thought of his
work, he did not think much about the persons walking away without
taking their bag with them. At Dadar he went to the BMC Bank in
front of Plaza Cinema and met the client. After about half an hour
there was a talk in the public that there were blasts in the trains.

441. In this part of the narration, he has stated that after alighting the
train at Dadar, he went to the BMC Bank, infront of the Plaza Cinema
and met the client. PW-74, in his cross-examination, stated the name of
the person as Lalit Waghela, to whom he went to meet in BMC Bank.
However, no person named ‘Lalit Waghela’ is employed at the said

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
212

bank as disclosed in Exh.2911 (RTI Information obtained by A.4) .
Furthermore, one Sukhlal Ambadas Rathod was examined as defence
witness no. 24. DW-24 was working as assistant head supervisor. He
refers to Exh.3083 which shows that one Lalit Waghela was working as
motor loader in BMC. However, on 11/07/2006, he was on leave.

442. Thus, the gist of the above observation is that there was no Lalit
Waghela in BMC Bank, Dadar. One Lalit Waghela was there in BMC,
but he is a motor loader. In the circumstances, even if it is considered
that PW-74, on the date of incident, went to meet this Lalit Waghela,
who was working as a motor loader in the BMC, he was on leave.
Though, the Learned SPP tried to raise a question regarding the
correctness of the information obtained via RTI Act vide Exh.3083, it
will not help the prosecution in absence of any positive and cogent
evidence to support its own case that on the date of incident, PW-74
went to meet one Lalit Waghela.

443. The above referred observations create a doubt about the
veracity of the evidence of PW-74, and also whether he traveled in the
said train on the date of incident. There are further reasons for such
doubt, which are mentioned herein under.

444. It is to be noted that PW-74 had acted as a Panch witness in four
crimes, and interestingly, out of four crimes, three crimes were related
to DCB CID police station. PW-74 acted as a seizure panch in CR. No.
11/2006 (CC 675/PW/2006) of DCB CID Police Station, in which a
gun and a cartridge was recovered on 11/03/2006. (Exh.4554), just
four months before the incident dated 11/07/2006.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
213

445. He further acted as a Panch in the following cases: –

i) Acted as a TIP Panch in Panchnama dated 17/03/2011 in FIR
No. 27/2011 of DCB CID Police Station for the offences
punishable under S.302 of IPC r/w S.325 and S.327 of Arms
Act. (Exh.3828)

ii) Acted as a TIP Panch in panchnama dated 03/09/2011 in CR
No. 105/2010 of DCB CID Police Station for the offence
punishable under S.307, S.34 of IPC r/w S.3, 25 and 27 of
Arms Act. (Exh.3827)

iii) Acted as a TIP Panch in panchnama dated 21/01/2010 in Cr.

No. 107 of 2011 of Crime Branch for the offences punishable
under S.394, 395 of IPC r/w S.35 of Arms Act r/w S.37(1)(a),
135 of Bombay Police Act r/w S.3(1)(ii), 3(2), 3(4) of MCOC
Act. (Exh.3826)

446. PW-74, in his deposition, has stated that one Mukesh Rabadiya
is his employer. The Learned Counsel for A.4 has pointed out that
Mukesh Rabadiya is also a stock witness and he acted as a panch
witness in the present offence in the house search of A.6.

447. Mukesh Rabadiya is a money lender and it is pointed out that he
has acted as a search and seizure panch in Cr. No.256/P/203 of DCB
CID Unit-II Police Station (Exh.3295) in which Shri. Kolhatkar (PW-

18) & Shri. Tajne (PW-161) were the investigating officers. In Spl. LAC
03/2006 (Exh.4812), ACP Shengal (DW-51), Shri. Tajne (PW-161)
were the officers. And in LAC No. 01/2006, PW-161 and PW-168
were the officers in the investigation team.

448. Let us now look at the law as regards stock witnesses.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
214

449. The Hon’ble Supreme Court of India, in the case of Tarseem
Kumar vs. Delhi Administration, reported in (1994) SCC Cri 1735, it
is held that many witnesses who can be said to be the stock witnesses of
the police, have been produced on behalf of the prosecution to prove
important circumstances. In this background, the court has to be very
cautious about the investigation done by the police in such case.

450. In light of the above referred law and considering the fact
brought on record that PW-74 acted as a panch witness in many cases,
it appears that he is a stock witness, and therefore, on this count also,
his evidence creates doubt about the truthfulness of his evidence.

451. The learned Special Court, while placing reliance upon the
evidence of PW-74, has observed thus: –

“583. …In respect of the incident in question the evidence of Vishal
Parmar, PW-74, unimpeached and a cogent evidence and looking at
the facts and circumstances of the case it cannot be said that he is a
got up witness or that his evidence is fabricated. I have, therefore, no
hesitation in accepting his testimony. Hence, it will have to be held
that by his evidence the prosecution has proved that on 11/07/06,
the A4 had a black rexine bag with him when he boarded the first-
class compartment of the 5.19 p.m. Virar train at Churchgate and he
was accompanied by one more person and when they got down at
Dadar, they did not have the bag with them. This is circumstance
no. 5 proved by the prosecution. It is against the A4.”

452. In light of the above referred observations and findings recorded
by us, as regards the evidence of PW-74, it can be said that the learned
Special Court committed a grave error in placing reliance on the
evidence of PW-74.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
215

Third Category of Witnesses
The witness to assembling of bombs (PW-75)

453. Moving further to the third category of witnesses namely, the
witness who saw the accused assembling bombs. This witness is PW-75
Amar Sardar Khan.

454. PW-75 Amar Sardar Khan identified A.2, A.4, A.6, and A.7 in
TIP conducted by SEO Purandare on 07/11/2006 and also in Court.
Though, according to him, he saw A.2, A.4, A.7 at A.6’s house 4-5
days before the incident, he gave statement to the police under section
161 of Cr.PC on 28/10/2006, i.e. after about 112 days from the date of
sighting. It is important to note that PW-75 himself was a suspect in
this case and he was repeatedly called by police for inquiry immediately
after the incident. However, he did not disclose anything to the police
at that time about the preparation of bomb at the house of A.6 by the
accused. One more important aspect which needs to be considered is
that he gave statement u/s 161 of Cr.PC after the retraction of
confessions by the accused. The above referred factors suggest us to be
cautious while examining the evidence of PW-75.

455. Before scrutinizing the evidence of PW-75, there is one
important question raised by the defence that no T.I. Parade was
conducted. It is argued that A.2, in his 313 statement, states that he was
taken out of the barrack to an open area with other co-accused A.4 &
A.7 at 12:35 pm and after 5 minutes he was again sent back with co-
accused A.4 and A.7. He was forced to stand in an open ground and
then he was forced to stand with some other inmate of the jail, and he
was shown to some persons.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
216

456. Further, it is argued that A.7, in his 313 statement, states that he
was taken out at 12:35 pm for a few minutes and made to stand in an
open ground and no TIP took place.

457. This submission made by the defence requires us to look into
the Avak-Jawak Register maintained in the Arthur Road Jail and
referred by the defence.

458. The entries in such Awak-Jawak Register (Exh.2474) in relation
to A.2 & A.7 on 07/11/2006, i.e. the date of T.I. Parade disclose the
entries of date and time of outward and inward, given in the chart
herein below: –

CHART NO. 35

          Register at Arthur Road Jail                TIP Memo
  Acc.            (Exh. 2474)                 SEO: PW 80 - Kirti Purandare
  No.
             Outward             Inward      Panchnama Start    Panchnama End

           07/11/2006,         07/11/2006,    07/11/2006,         07/11/2006,
   A.2
            12:35 pm            12:40 pm       11:55 am            12:50 pm

           07/11/2006,         07/11/2006,       7.11.06,          07/11/2006,
   A.7
            12:35 pm            12:40 pm        11:55 am            12:50 pm

459. PW-75, who identified A.2 and A.7 during the first round of the
TIP, in cross-examination, stated that he may have gone inside the
parade room on the first occasion on 07/11/2006 at about 11:45 am to
12:00 pm.

460. PW-80 SEO Purandare, in cross, while referring to Exh.835
(short notes taken by PW-80 during TIP) , stated that he conducted the
TIP between 11:55 am to 1:30 pm.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
217

461. On perusal of the above referred entries in the Avak-Javak
register and in view of the contention of the defence that no T.I. Parade
was conducted, since it creates doubt about holding T.I.Parades, it is
imperative to exercise caution while scrutinising the evidence of PW-

75.

462. According to PW-75, he met Dr. Tanveer (A.2), Ehtesham
Siddique (A.4) and Mohd. Ali (A.6) in the programs of SIMI that he
attended.

463. PW-75 further states that they used to give provocative speeches
about jihad at the SIMI programs. The jihad that they were talking
about was in respect of atrocities committed on Muslims. A.2 and 4
used to give such speeches. However, it was his view that they should
not talk like this. Yet, they used to say that, if they want to do
something, they will take the help from outside and will do anything.
He states that he had a long-standing friend by name Ajmeri Shaikh, he
used to meet him often and states that Ajmeri Shaikh had also come
with them for the programs of SIMI.

464. He deposed that Ajmeri Shaikh used to do the work of plaster of
paris (POP) and interior decorator and for the purpose of purchasing
the material required for POP he used to go on his motor cycle to
Govandi. He used to accompany Ajmeri on Ajmeri’s motorcycle. He
had so gone with him four or five days before the blast to the Shivaji
Nagar in Govandi. He parked the motorcycle outside a lane and they
were walking in that lane. A.6’s house is in that lane. Ajmeri said that
we would go to his house as we had not met him since many days and
would greet him and then go to our work. They were at some distance

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
218

from his house. At that time, they saw A.2 standing outside his house,
and looking around. At that time, A.6 came out of the house in a hurry
and said something to A.2.

465. Then they both went inside the house. At the same time A.4
entered the house from outside with a tea kettle. They both entered the
house behind him. They saw three-four more persons sitting there.
One person was doing something with a wire. Two-three newspapers
were spread in front of the persons. There was white and black coloured
powder on the newspapers. He further states that when they greeted
them, A.6 said that they are busy in some work and that they will meet
afterwards. Therefore they came out of the house.

466. From the above referred narration of PW-75, it can be seen that
he saw 3-4 more persons other than A.2, A.4, and A.6. He then states
that they greeted them and A.6 said that they are busy in some work
and they will meet afterwards. Therefore, they came out of the house.
Thus, it is evident that PW-75 did not get sufficient time even to see
whether there were 3 persons or 4 persons inside the room other than
A.2 and A.6. Therefore, a question arises, if he did not get sufficient
time even to notice the exact number of persons present in the room,
he could see the face of A.7 minutely, with whom, admittedly, he had
no acquaintance, to identify him after more than four months of
sighting him.

467. He further deposed that in Mumbai Mirror dated 01/10/06 a
photograph of A.6 was published concerning the blasts. Ajmeri had
read the said newspaper and he had come and told him about it. At that
time he and Ajmeri thought that they should tell someone about the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
219

incident that they saw four-five days before the blasts at the house of
the A.6, so that the real accused would be caught. After thinking it in
deep, on 28/10/06 Ajmeri said to him that they would tell about this to
one police constable Vijay Ambekar.

468. Thereupon, PW-75 was called for T.I. Parade on 07/11/2006
and he identified A.2, A.4, A.6 and A.7. At the same time, he identified
the above referred accused in the Court.

469. According to PW-75, it was probably on Sunday when he had
gone with his friend Ajmeri Sheikh to pick up Plaster of Paris material,
and passed A.6’s house in Govandi. However, the record from Saboo
Siddique Hospital shows that A.2 was at the hospital from 11:41 am till
10:58 pm on Sunday, i.e., 09/07/06 (Exh.2932). Thus, this document
falsifies the claim of PW-75 that when PW-75 allegedly visited A.6’s
house, A.2 was present there.

470. PW-75 knew A.4 from previous SIMI meetings. PW-75 states in
his chief that he saw A.4 entering A.6’s house with a kettle and that he
saw A.7 joining wires inside A.6’s house. However, during TIP
(Exh.833), he identified A.4 as the person who was joining wires.

471. In cross-examination, PW-75 admits that he did not go inside
the house and see anything but merely repeated what Ajmeri Shaikh
had told him. Thus, it is clear that PW-75 did not himself see what he
deposed in chief.

472. In his examination in chief, PW-75 stated that he and his friend
Ajmeri Shaikh used to go on Ajmeri’s motorcycle to Govandi, and that

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
220

PW-75 used to accompany Ajmeri on his motorcycle. He further stated
that before 4-5 days of the blast, he had gone to Govandi with Ajmeri.
However, later in his cross-examination, PW-75 stated that Ajmeri did
not have a motorcycle in 2006, and that PW-75 had taken his own
motorcycle, driven it and parked it on that day. Further PW-75 states
that Ajmeri does not know how to drive a motorcycle. He also stated
that what he stated in the examination-in-chief was not correct.

473. During cross-examination, PW-75 admits that he was called to
the Park Site Police Station one or two days after the blast, and the
police had inquired with him, but it was not for four-five hours. His
statement was recorded at that time. He had not stated about his visit to
Govandi four-five days before the blasts to the police officer at that
time, because at that time he was not knowing its relevance. He came to
know only when he saw the photo in the Mumbai Mirror.

474. The gist of the evidence of PW-75 is that he was a suspect in the
present case and he was called by police immediately after the blast, and
at that time though his statement was recorded, he did not disclose
anything about alleged making of bomb at the house of A.6. According
to him, he did not know the relevance of it. He then suddenly realised
its relevance and went to ATS after 112 days just on seeing photo of A.6
in the newspaper. That apart, he saw the photo on 01/10/2006,
however, he went to the police station delayedly on 28/10/2006.

475. PW-75 identified A.7, who was stranger to him. Whereas, in
fact, he could not get sufficient opportunity to even see whether there
were three persons or four persons other than A.2, A.4, and A.6. He
further changed his version of going to A.6’s house on a motorcycle of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
221

Ajmeri as a pillion rider, and stated in the cross-examination that
Ajmeri had no motorcycle in 2006, he did not know how to drive
motorcycle. Most importantly, he said in the cross-examination that he
did not enter into the room but Ajmeri told him about the presence of
the accused in the room and their suspected activities. Admittedly,
Ajmeri has not been examined as a witness by the prosecution.

476. PW-75 says that a few days prior to the blast he went to the
house of A.6 and several accused were present there including A.2, A.4,
A.7, and A.6. At that time, they were preparing something. Later, he
realised that it must be a bomb. However, he says that some papers,
materials, chemicals, wires were there and they were doing something.
He is not sure whether what was made by them or prepared by them
was a bomb.

477. Thus, it can be said that the evidence of PW-75 has been
completely shattered in the cross-examination. And considering his
cross-examination, it can be said that he is not a trustworthy and
credible witness to rely upon his evidence. There are further reasons to
discard his evidence. The same are discussed herein below.

478. PW-75 states that Ajmeri and his statements were recorded by
PW-153 API Alaknure in ATS Bhoiwada office between 2-3 pm on
28/10/2006. However, the station diary entry dated 28/10/06
(Exh.3322) shows that API Alaknure returned to Crime Branch Office
at 1:45 pm. There is no entry of leaving of PW-153 from the crime
branch officer thereafter.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
222

479. PW-153 though initially states that he does not remember
whether he had recorded the statement of PW-75, but on going
through the case diary, admits that he did record the statements of PW-
75 and Ajmeri Shaikh on 28/10/06, but the time is not mentioned in
the station diary.

480. Ajmeri Shaikh also identified A.2, A.4, A.6 and A.7 in TIP dt.
07/11/06 conducted by PW-80 Shri. Barve. However, he was not
examined in this case. Therefore, a question arises here is that, if he was
an important witness to bomb making in A.6’s house, then why did he
not enter into the witness box.

481. Amar sardar Khan and Ajmeri Sheikh were also used as
witnesses in the Ghatkopar blast. The list of witnesses in that case
shows that Amar sardar Khan and Ajmeri Shaikh are cited as witnesses
at sr. no. 169 and 170.

482. Thus, there are numerous grounds to discard the evidence of
this witness.

483. The Learned Special Judge, while relying on the evidence of
PW-75, has recorded its conclusion to accept the evidence, as under: –

“884. … It will have to be held that the prosecution has not proved
that Amar Khan, PW-75, saw some persons including the A7 in the
house of the A6 a few days before the blasts. However, it will have
to be held that by the cogent evidence of Amar Khan, PW-75, PC
Ambekar, PW-76, and PI Alaknure, PW-153, prosecution has
proved that Amar Khan, PW-75 had gone to the house of the A6 a
few days before the blasts and had seen the A2, A4 and A6 outside
his house. This is the circumstance no. 18 proved by the
prosecution. It is against A2. A4 and A6. It is the second
circumstance against the A2, A4 and A6.”

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
223

484. Having held that PW-75’s evidence is not trustworthy and
credible, the reliance placed by the Learned Special Judge on such
evidence is nothing but a grave error committed by the Learned Trial
Court.

Fourth Category of Witnesses
The witness to the conspiracy (PW-59)

485. Let us now examine the witness who falls in the fourth category,
and who claims that he is a witness to the hatching of conspiracy.

486. PW-59 claims to be a close friend of A.3 and A.12 and met A.2,
A.4, A.9, A.10, and A.13 through A.3. He identified A.2, A.3, A.4, A.9,
A.10, A.12, and A.13 in the Court. The prosecution examined this
witness to establish the conspiracy and also his acquaintanceship with
the above referred accused.

487. PW-59 gave his statement under section 161 of Cr.PC on
02/11/2006 after retraction of confessional statements of A.2, A.3, A.4,
A.9, and A.10. He states in his oral evidence that if the police would
not have called him, he would not have gone and given his statement.
It is to be noted that the statements under Section 161 of Cr.PC of PW-
59 and PW-74 were recorded on the same day, i.e., on 02/11/2006.

488. Learned SPP states that PW-59 is an important witness as he is
not somebody who is a stranger to the accused persons but he is
conversant with the some of the accused. He is a friend of A.3 and A.12
and also well acquainted with A.2, A.4, A.9, A.10, A.11 and A.13. It is
submitted that A.9 is the brother of A.3, and A.3 was a close friend of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
224

PW-59. Therefore, he has unmistakably identified A.9 to be present in
the conspiracy meeting and there is no reason to discredit his evidence.

489. It is further argued by Learned SPP that PW-59 knew A.3’s
name as ‘Sameer’ which, according to PW-59, A.3 used to use the said
name to hide his identity. It is argued that though cross examination of
this witness was made by multiple counsels, no contradiction could be
brought on record which would go to the root of the matter branding
this witness as a liar.

490. Before scrutinizing the evidence of PW-59 on the point of
conspiracy, it would be beneficial to reiterate the law as regards
conspiracy. The Hon’ble Supreme Court of India in the case of Yogesh
v. State of Maharashtra, (2008) 10 SCC 394, has held thus: –

“20. The basic ingredients of the offence of criminal conspiracy are :

(i) an agreement between two or more persons; (ii) the agreement
must relate to doing or causing to be done either (a) an illegal act; or

(b) an act which is not illegal in itself but is done by illegal means. It
is, therefore, plain that meeting of minds of two or more persons for
doing or causing to be done an illegal act or an act by illegal means is
sine qua non of criminal conspiracy. Yet, as observed by this Court
in Shivnarayan Laxminarayan Joshi v. State of Maharashtra [(1980)
2 SCC 465 : 1980 SCC (Cri) 493] a conspiracy is always hatched in
secrecy and it is impossible to adduce direct evidence of the
common intention of the conspirators. Therefore, the meeting of
minds of the conspirators can be inferred from the circumstances
proved by the prosecution, if such inference is possible.

21. In Mohd. Usman Mohammad Hussain Maniyar v. State of
Maharashtra [(1981) 2 SCC 443 : 1981 SCC (Cri) 477] it was
observed that for an offence under Section 120-B, the prosecution
need not necessarily prove that the perpetrators expressly agree to do
and/or cause to be done the illegal act, the agreement may be proved
by necessary implication.

22. In Kehar Singh v. State (Delhi Admn.) [(1988) 3 SCC 609 :

1988 SCC (Cri) 711] the gist of the offence of the conspiracy has
been brought out succinctly in the following words [Ed. : Quoted

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
225

from Russell on Crime (12th Edn., Vol. I, p. 202).] : (SCC p. 731,
para 271)
“271. … ‘The gist of the offence of conspiracy then lies, not in doing
the act, or effecting the purpose for which the conspiracy is formed,
nor in attempting to do them, nor in inciting others to do them, but
in the forming of the scheme or agreement between the parties.

Agreement is essential. Mere knowledge, or even discussion, of the
plan is not, per se, enough.’ ”

23. Again in State of Maharashtra v. Som Nath Thapa [(1996) 4
SCC 659 : 1996 SCC (Cri) 820] a three-Judge Bench of this Court
held that to establish a charge of conspiracy knowledge about
indulgence in either an illegal act or a legal act by illegal means is
necessary. In some cases, intent of unlawful use being made of the
goods or services in question may be inferred from the knowledge
itself. This apart, the prosecution has not to establish that a
particular unlawful use was intended, so long as the goods or service
in question could not be put to any lawful use.

24. More recently, in State (NCT of Delhi) v. Navjot Sandhu
[(2005) 11 SCC 600 : 2005 SCC (Cri) 1715] , making exhaustive
reference to several decisions on the point, including State v. Nalini
[(1999) 5 SCC 253 : 1999 SCC (Cri) 691] Venkatarama Reddi, J.
observed thus : (Navjot Sandhu case [(2005) 11 SCC 600 : 2005
SCC (Cri) 1715] , SCC p. 689, para 97)
“97. Mostly, conspiracies are proved by circumstantial evidence, as
the conspiracy is seldom an open affair. Usually both the existence of
the conspiracy and its objects have to be inferred from the
circumstances and the conduct of the accused (per Wadhwa, J. in
Nalini case [(1999) 5 SCC 253 : 1999 SCC (Cri) 691] at p. 516).
The well-known rule governing circumstantial evidence is that each
and every incriminating circumstance must be clearly established by
reliable evidence and ‘the circumstances so proved must form a
chain of events from which the only irresistible conclusion about the
guilt of the accused can be safely drawn and no other hypothesis
against the guilt is possible’ (Tanviben Pankajkumar case [Tanviben
Pankajkumar Divetia v. State of Gujarat, (1997) 7 SCC 156 : 1997
SCC (Cri) 1004] , SCC p. 185, para 45). G.N. Ray, J. in Tanviben
Pankajkumar [Tanviben Pankajkumar Divetia v. State of Gujarat,
(1997) 7 SCC 156 : 1997 SCC (Cri) 1004] observed that this Court
should not allow suspicion to take the place of legal proof.”

25. Thus, it is manifest that the meeting of minds of two or more
persons for doing an illegal act or an act by illegal means is sine qua
non of the criminal conspiracy but it may not be possible to prove
the agreement between them by direct proof. Nevertheless, existence
of the conspiracy and its objective can be inferred from the
surrounding circumstances and the conduct of the accused. But the
incriminating circumstances must form a chain of events from which
a conclusion about the guilt of the accused could be drawn. It is well

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
226

settled that an offence of conspiracy is a substantive offence and
renders the mere agreement to commit an offence punishable, even
if an offence does not take place pursuant to the illegal agreement.”

491. In light of the above referred well settled principle of law, let us
examine and scrutinize the evidence of PW-59.

492. According to PW-59, in February 2006, once he went to the
house of A.3. At that time, he saw 5-6 persons in his house. They had
gathered there for discussion on some special subject. After the namaj,
A.3 introduced them to him. One of them was by name Asif Khan
(A.13), Dr. Tanveer Ahmed (A.2), Ehtesham Siddique (A.4), Suhail
Shaikh (A.10), and Muzzammil Shaikh (A.9). They were sitting
together. Asif Khan took a Quran and asked all to keep their hands on
it and to take the oath that whatever discussion they had there will be
secret. Asif Khan asked about him. Faisal told him, he was his best
friend and he should not take tension about him. Asif Khan asked him
to take the oath but he did not take it as he did not have any knowledge
about the subject matter of the meeting. Afterwards, he asked Faisal
about that meeting but he did not tell him anything.

493. PW-59 further deposed that thereafter in March 2006, A.3 came
to meet him at Mira Road, near Shams Masjid with his three friends
Asif Khan (A.13), Dr. Tanveer (A.2), and Ehtehsam (A.4). A.3 asked
him whether he could arrange for a house for 6-7 months for his
friends. Then he asked him to phone A.12 – Naveed and call him.
Accordingly he phoned A.12 and told him to come near Shams Masjid
in the restaurant where they were sitting. After some time, A.12 came
there. Faisal asked him to leave that place saying that he wanted to talk
with A.12.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
227

494. PW-59 further states that in May 2006 once or twice he went to
A.3’s house. He saw the guests in his house. He told him that they are
his guests from Pakistan and they have come for the good work of
religion. A.3 told him the names of those guests as Abdul Razzak, Abu
Umed, Sohail Shaikh, and one Salim. PW-59 states that in June 2006,
A.3 called him and Naveed (A.12) to his house. On the next day
morning, A.3 told A.12 that because of the guests, his house is
congested and he should make some arrangements for the guests. After
some days, he came to know from A.12 that he had arrangements of
two guests of Faisal at Millat Nagar, Andheri. During that month, A.3
had introduced him to one Rizwan Khot. During that period, A.3 had
purchased a white colored Maruti-800 car. PW-59 then deposed that he
and Rizwan Khot, A.12 and A.3 used to go around in that car. Rizwan
Khot used to drive the car. He met A.3 lastly on 02/07/2006. After
some days he came to know from the news that A.3 and A.12 were
caught by the police as they were involved in the blasts.

495. In cross examination, PW-59 states that the police did not ask
him to describe any person. He did not describe any person to police
on his own. The ATS police did not ask him any identification mark on
any accused or person, and he did not tell the police on his own. The
police did not prepare a sketch of any person with the help of any
expert in his presence.

496. According to PW-59, when he went to A.3’s house, he saw 5-6
persons in his house. They had gathered there for discussion on some
special subject. PW-59 gave the names of who were there, including
Pakistanis. He saw the accused in the month of February and March
2006, and the incident took place on 11/07/2006. However, he was

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
228

quiet for 170 days and gave his statement under section 161 of Cr.PC
on 02/11/2006.

497. PW-59 claims that A.3 had made an extra-judicial confession to
him in January 2006 that A.3 was a Jihadist and had gone to Pakistan
for arms training by the L-e-T. Despite such anti-nation and serious
disclosure by A.3, PW-59 did not think of immediately alerting the
police nor he disclosed that fact to anyone till October 2006, even after
knowing that A.3 had been arrested in connection with the bomb blasts
a few days after the incident. Thus, this inordinate delay in disclosure,
in itself, renders PW-59 as a wholly unreliable witness and so his
testimony.

498. According to PW-59, in May 2006, he went to A.3’s house
where he saw guests from Pakistan, namely Abdul Razzak, Abu Umed,
Sohail Shaikh, and one Salim. PW-59 had never met those four
Pakistani accused before. Some special reasons are required to recollect
the names heard on a single solitary instance. It, therefore, creates
doubt that PW-59 could recollect all these names with full name and
surnames, more particularly when he himself claims that there was
nothing unnatural and that he did not have any knowledge about the
subject matter of the meeting. He admits that even A.3 did not tell him
about the meeting.

499. At the same time, he could not recollect the name of a particular
dancer, with whom he had a close relationship for over a month in the
same year. He does not even remember the name of the policeman who
had called him on 02/11/2006.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
229

500. Furthermore, the prosecution does not seem to have done any
investigation to corroborate PW-59’s claim regarding having met the
accused at Shams Masjid or at A.3’s house. The prosecution could have
produced the CDR of either PW-59 or the accused to establish the
their location.

501. PW-59 did not approach the police himself and claims that the
police approached him for the first time on 02/11/2006 by a call from a
landline number to his mobile number. The prosecution did not
produce any CDR. On the contrary, when the defence made an
application to call the CDR of two mobile numbers used by PW-59 for
the period of February to June 2006, it was strongly objected as
frivolous. Therefore, PW-59’s statement is shrouded in doubt.

502. It is further pointed out that his statement was recorded by ACP
Patil (PW-186) at Chandan Chowki. However, the certified true copy
of the log book (Exh.4299) of the Bolero MH-01-SA-131 shows that
ACP Patil had not even gone to Chandan Chowki on 02/11/2006.

503. A.4 was a stranger to PW-59. At best, PW-59 had only a brief
glimpse of A.4 sitting along with other persons and had no reason to
remember him. T.I. Parade was therefore necessary to be conducted.
However, it was not conducted. PW-59 did not describe any of the
persons he saw, in his statement under Section 161 of Cr.PC, nor did
the investigating officer ask for any identifying features. In the
circumstances, a T.I. Parade ought to have been conducted for
identification of A.4 and the other unknown accused.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
230

504. Furthermore, when a photograph of Salim (Pakistani national)
was shown to PW-59, he said that it is of Abu Umed. At the same time,
he could not identify A.11 in the court. Therefore, it again creates a
doubt as to how could PW-59 remember the full names of all those
persons without any reason to remember their names, that too after so
many months.

505. Learned Sr. Counsel Shri. Nagamuthu submits that PW-59 was
in China in the period from February to May 2006. It is submitted that
PW-59’s elder brother Parvez had business at China of Chinese
products.

506. It is submitted by Learned SPP that although an attempt was
made by the defence to show that PW-59 was not in India but was in
China at the relevant time, the defence could not succeed in
establishing the said fact.

507. Though, in the cross-examination, PW-59 denies the
suggestions regarding his trip to China, on being asked to produce his
passport, he refused to produce the same with an excuse that it had
gone missing in his house in 2006.

508. Moreover, PW-59 has deposed that he had no knowledge about
the subject of discussion between the accused, and A.3 did not tell him.
In these circumstances, in absence of direct evidence of conspiracy, as
per the well-settled principle of law, a chain of events has to be
completed from which a conclusion of guilt of the accused can be
drawn. The said chain, in this case, could not be completed having
found the other seven witnesses as unreliable. In these circumstances,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
231

the evidence of PW-59 in the above referred backdrop, is of no
consequence or help to the prosecution to establish hatching of
conspiracy by the accused.

509. The learned Special Judge, while relying on the evidence of PW-
59, has recorded its conclusion to accept the evidence, as under: –

“951. In my humble opinion, the submissions by the learned SPP
are very much valid for appreciating the evidence of all types of
witnesses. Applying, these tests to the evidence of Mohd. Alam, PW-
59, I have no hesitation to hold that he is an impeccable witness. He
has no criminal antecedents, no connection with the police either as
a witness or panch or accused and no animosity against any of the
accused. Thus, I have no hesitation in accepting his evidence as
truthful. Hence, it will have to be held that by his evidence the
prosecution has proved: (i) that the A3 was concerned with the
atrocities being committed on Muslims and was of the view that the
only way to solve their problems was by way of jihad, (ii) that the A3
had gone to Pakistan twice and had taken training in the camps of L-
e-T, (iii) that wanted accuiled no. 1 Azam Cheema rendered
financial assistance to the A3, (iv) that the A3 was commander of L-
e-T in Mumbai (v) that the A2, A4, A9, A10 and A13 had
assembled in the house of the A3 in February, 2006, (vi) that the
A2, A3, A4, A12 and A13 had assembled near Shams Masjid in
Mira Road in March, 2006 and (vii) that wanted accused no. 5 and
14 and deceased accused no. 1 and 2 were in the house of the A3 in
the second or third week of May, 2006 and later on they were
shifted to the house of the A3 at Millat Nagar in Andheri (W),
Mumbai. This is the circumstance no. 19 proved by the prosecution.
It is against the A2, A3, A4, A9, A10, A12 and A13. It is the third
circumstance against the A2. It is the sixth circumstance against the
A3. It is the third circumstance against the A4. It is the first
circumstance against the A9. It is the first circumstance against the
A10. It is the second circumstance against the A12. It is the fourth
circumstance against 15 the A13.”

510. Having held that PW-59’s evidence is not trustworthy and
credible, the reliance placed by the Learned Special Judge on such
evidence is nothing but a grave error committed by the Learned Trial
Court.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
232

Fifth Category of Witnesses
The injured witness who saw the suspects after they alighted the train,
but not called for T.I. Parade, though with his help two sketches of
suspects were prepared. Further, though he was examined, he was not
asked to identify the accused in the Court (PW-85).

511. PW-85 Lalji Ramakant Pande boarded Borivali semi-fast 5:54
pm train from Churchgate. As the train left Mahim Station, there was a
loud explosion in which he sustained injuries on the back, head, hands,
stomach, legs, etc. He was operated in the hospital. He was discharged
from the Sion Hospital on 24/07/2006. Police took his statement on
27/07/2006 at his house and again on 21/08/2006 at ATS Office.

512. In cross, PW-85 deposed that he saw two persons getting down
hurriedly and they looked frightened, therefore, he became suspicious.
He looked at them carefully. He described the two persons, their
features, age, appearance, body structure, and the clothes worn by
them. He had stated about mustache and beards that they had. He told
the police about the features of the two persons that he remembered.
Police prepared sketches of the two persons on the basis of their
description that he gave. According to PW-85, police prepared the
sketches correctly as per the description that he gave.

513. He further deposed that the description of one of the persons
that he gave was that he was around 27-28 years old, height 5 ’10”,
wheatish complexion, a longish face, medium build, clean-shaven, with
a small mustache, wearing a half shirt and full pants. He had described
another suspect as being around 28-30 years old, height 5’7″ tall, with

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
233

a sallow complexion, a round face, slim build, clean-shaven, with a
small mustache, wearing a checked full shirt and full pants.

514. It is evident from the evidence of PW-85 that he gave detailed
description of the accused and helped the police to prepare sketches of
the suspects. He found that the sketches were correctly prepared. The
reason for giving detailed description was that he looked at the suspects
carefully as he became suspicious about them.

515. His statement u/s 161 of Cr.PC was recorded immediately after
he was discharged from the hospital. Thus, it can be said that when
everything was fresh in his memory namely, the occurrence, faces of the
suspects, and their other description, his statement was recorded and
the sketches were prepared. Despite the said fact, he was not called for
T.I. Parade. Furthermore, he was even not asked to identify the accused
in the Court. This conduct of the prosecution speaks volume, in
absence of any explanation offered by the prosecution for the same, and
an adverse inference needs to be drawn for not calling him for
T.I.Parade and also not asking him to identify the accused in Court.

Sixth Category of Witnesses
The witnesses who saw the suspects, and gave their statements under
Section 161 of Cr.PC within short span of incident with the description
of the suspects, but were neither called for T.I. Parade nor examined as
witnesses. (Total 6 witnesses)

516. It is argued by the defence counsel that injured and material eye-
witnesses whose statements were recorded within 2-4 days of the blast
were not called for TIP. Learned Counsel Ms. Roy states that

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
234

immediately after the blasts, various investigating officers recorded
statements of a number of injured witnesses who claimed to have seen
suspicious travellers or passengers in the bogie in which the blasts
happened. It is submitted that these witnesses gave detailed
descriptions and features of the people they saw; sketches were also
made on the basis of their descriptions. However, none of them were
called for TIP.

517. It is further submitted that considering the fact that the first 7
accused persons were arrested in the month of July itself, the
investigating agency should have immediately put the arrested accused
persons for a TIP & called the injured witnesses to identify them.
However, no such thing was done.

518. It is further submitted that instead of calling the injured
witnesses who gave description, and whose S.161 statements were
promptly recorded within few days of the blast, the investigating
agency called those witnesses whose statements were recorded after
more than three months after the blast, who were not injured, and who
gave no description. It is further submitted that, except the statement
under Section 161 of Cr.PC of PW-60 Kishore Popatlal Shah and PW-
85 Lalji Pande, statements of all other witnesses who were called for
TIP were recorded more than three months after the train blasts.

519. Learned SPP, on the other hand, submits that the submission of
the defence is baseless. It is submitted that the I.Os and Chief I.O. have
explained the reasons for not examining them.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
235

520. Learned SPP submits that the contention of the defence is that
some of the persons who were the eyewitnesses like Ramanand
Machchewar, Prabhakar Dattatray Sadekar, Vijay Kumar Rayappa and
constable Khanvilkar had been held back and were not called for TIP.
Learned SPP further submits that one of the injured witness Khanvilkar
is from police department and if it was really the intention of the
investigating agency to falsely fabricate the evidence or to falsely
implicate anyone then this witness would have been best available to
the police. However, the prosecution has been transparent, and ACP
Patil has given straight forward answers.

521. In light of rival contentions, we perused the record in this
regard, wherefrom it is evident that there are five witnesses who
claimed to have seen the suspected passengers planting bombs. Sixth
witness claims that some Kashmiri persons purchased eight pressure
cookers from his shop. These six witnesses were not examined.
Furthermore, none of these six witnesses was called for TIP.

522. Before, scrutinising the evidence of the I.O.s and the police
officers as to why these witnesses were not called for T.I. Parade or
examined as prosecution witnesses, let us first see the law as regards
adverse inference.

523. The Hon’ble Supreme Court of India, in the case of Takhaji
Hiraji v. Thakore Kubersing Chamansing, reported in (2001) 6 SCC
145, has held thus : –

“19. …It is true that if a material witness, who would unfold the
genesis of the incident or an essential part of the prosecution case,
not convincingly brought to fore otherwise, or where there is a gap
or infirmity in the prosecution case which could have been supplied
or made good by examining a witness who though available is not

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
236

examined, the prosecution case can be termed as suffering from a
deficiency and withholding of such a material witness would oblige
the court to draw an adverse inference against the prosecution by
holding that if the witness would have been examined it would not
have supported the prosecution case. On the other hand if already
overwhelming evidence is available and examination of other
witnesses would only be a repetition or duplication of the evidence
already adduced, non-examination of such other witnesses may not
be material. In such a case the court ought to scrutinise the worth of
the evidence adduced. The court of facts must ask itself — whether
in the facts and circumstances of the case, it was necessary to
examine such other witness, and if so, whether such witness was
available to be examined and yet was being withheld from the court.
If the answer be positive then only a question of drawing an adverse
inference may arise. If the witnesses already examined are reliable
and the testimony coming from their mouth is unimpeachable the
court can safely act upon it, uninfluenced by the factum of non-
examination of other witnesses. …”

524. In the present case, the statements given by these six witnesses
under section 161 of Cr.PC, shows that five of the said witnesses are the
injured witnesses and they gave the description of the suspicious
passengers.

Prabhakar Dattatray Sadekar

525. An injured passenger in the Borivali blast named Prabhakar
Dattatray Sadekar, whose statement u/s 161 of Cr.PC was recorded on
13.7.06 by IO PW 140 PI Godbole. IO PW 162 PI Iqbal Shaikh
further recorded the supplementary statement on 09.08.06.

526. Learned Counsel Ms. Roy argues that the witness described the
suspects, including the apparels on their body. Sketches of the suspects
were prepared on this description. It is further argued that even though
IO PW-140 admits that he was an important witness, he was not called
for T.I.Parade.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
237

527. PW-140, in his cross, admits that statement under Section 161
of Cr.PC of Prabhakar Dattaram Sadekar was taken on 13/07/2006. He
further states that he cannot say whether Prabhakar Dattaram Sadekar
was an eyewitness.

528. PW-162 Iqbal Shaikh (I.O. of Cr. No 78/2006), in his cross-
examination states that on going through the case papers he realized
that there were two eye-witnesses by name L. R. Pandey (PW-85) and
Prabhakar Dattaram Sadekar and they had been injured.

529. On a question put to him as to whether he had informed PW-
186 ACP Patil that these two eye-witnesses (L. R. Pandey and Prabhakar
Dattaram Sadekar) would be required to be called for identification
parade, he answered that no planter was found in CR No. 78/06,
therefore, he did not inform accordingly to ACP Patil.

530. PW-162 further states that ACP Patil did not call and inquire
with the two witnesses in his presence. No planter was detected in CR
No. 78/06 upto 13/10/06. He does not know whether these two
witnesses were not called for identification parade. He had read the
final report filed by ACP Patil it is true that it is written in the final
report that as per his investigation in CR No. 78/06, the Indian and
Pakistani accused in that CR were unknown and their total number was
not revealed.

Suresh Suvarna

531. Suresh Suvarna, who was injured in the Borivali blast, in his
statement dated 15.7.06 stated that he had seen a suspect, who was
approximately 25 years old, wearing a pathani dress, sallow

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
238

complexion, slim, 5’6″ height, having a slight beard, hurriedly getting
down from that train at Bandra.

532. Learned Counsel Ms. Roy submits that even though the IO PW-
174 PI Khandekar admits that he was an important witness, Suresh
Suvarna was not called for TIP.

533. PW-174 Khandekar (I.O. of Cr. No. 156/2006) in his cross-
examination states that on reading the statement of Suresh Suvarna,
initially he felt that he was an important witness. It is not true that he
had given facial description along with describing the wearing apparel,
height and beard. He had described the suspects as wearing Pathani
dress, approximate height and that they had beards. He had stated
approximate age. He does not remember whether he had mentioned
about sallow complexion and slim built. He denied that when they take
description they inquire about description, they record only the height,
built, complexion, average age and whether the suspect has beard. He
did not record the supplementary statement of the witness Shri.
Suvarna when he met him. He did not get any sketch prepared with his
help. Only one statement of this witness was recorded. It was on
15/07/06. He was one of the injured in that case. He did not think it
necessary to call him for identification parade. He further states that the
reason for not calling Suresh Suvarna for identification parade,
according to him is the statement given by him about the alleged
suspect boarding at Bandra without any luggage and getting down at
Andheri.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
239

Constable Santosh Prakash Khanvilkar

534. Santosh Prakash Khanvilkar was injured in the Borivali blast and
gave his statement under Section 161 of Cr.PC on 22/07/2006. He
described a suspect’s complexion, age, height and dress and that the
suspect boarded the train at Bandra and rushed out at Andheri.

535. Learned Counsel Ms. Roy argues that IO PW-174 is unable to
explain why Santosh Khanvilkar was not called for TIP despite giving a
detailed description of a possible suspect.

536. PW-174 Khandekar in his cross-examination stated that he had
gone through the statement of Santosh Prakash Khanwilkar. On going
through his statement he did not think that he was an important
witness. He did not think on going through his statement that he could
fix the identity of the culprits.

537. PW-186 in his cross-examination, states that he does not
remember whether we had got a witness by name Santosh Prakash
Khanvilkar, claiming to be an eye-witness in the Borivali blast. He
remember having discussion about witness Suresh Shekhar Suvarna,
who was claiming himself to be an eye-witness in the Borivali blast. He
was not found to be reliable. He denied that all these witnesses were
deliberately not called for the test identification parades.

Ramanand Marutirao Machchewar

538. Ramanand Marutirao Machchewar who was injured in the Mira
Road blast, gave his statement on dt.12.7.06. Macheware described a
suspect who boarded his bogie at Andheri Railway Station as 30-35
years, medium built, wheatish complexion, height about 5′.4”, clean

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
240

shaven face, high cheek bones and hollow cheeks, appearing old and
weak. He further stated that the suspect was holding a small green
coloured bag when he boarded the train, kept the bag on the luggage
rack, but left the train at Mira Road Station without the bag.

539. Learned Counsel Ms. Roy submits that though PW-150 API
Shelke and PW-173 PI Agrawal both admit that he was an important
and material witness, he was not called for TIP. Learned counsel further
stated that PW-173 PI Agrawal claims that Ramanand Machewar was
not called for TIP as the subsequent investigation revealed that the
green bag that he had spotted belonged to an injured witness Kailash
Mehta. He further states that it was subsequently returned to Kailash
Mehta’s brother. The counsel further submits that there is no evidence
of the fact that the person to whom the bag was returned was Kailash
Mehta. This explanation given by PW-173 has come by way of
omission and is wholly uncorroborated and without any contemporary
record.

540. PW-150 API Shelke, who recorded the statement of Ramanand
Machchewar on 15/07/06, in his cross-examination states that he
cannot say when identification parades were arranged and who took the
initiative for arranging them. As far as his knowledge is concerned,
Ramanand Machchewar was an important and material witness so far as
the blast is concerned.

541. PW-173 PI Agrawal (IO of Cr. No. 59/2006) in his cross-
examination states that Ramanand Machchewar boarded the train at
Bandra Railways Station, when the train came at Andheri Railway
Station, he saw a person boarding the same bogie holding a small green

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
241

coloured bag, which was passed through other commuters to be kept
on the luggage rack; that he suspected this as he thought that the small
bag could be held in hand and there was no necessity of keeping it on
the luggage rack; that moreover, at Mira Road Station, the witness saw
that person alighting from the train without the bag. He checked the
unclaimed baggage and articles and found a small green coloured bag;
that, on opening it was found to contain a telephone diary, bunch of
keys and some money; that, the telephone diary showed that it was
belonging to one Kailash Mehta who was admitted in Kasturi Hospital;
that, he took that bag and came back to his office; that, he showed the
bag to the witness and he confirmed that it was the same bag. He states
that the four articles that were handed over to him as per the receipt are
not the articles described at Sr. No. 24 in the panchnama. HE admits
that bunch of keys, telephone diaries and cash amount of RS.80/- is not
mentioned in the articles described at Sr. NO. 24 in the panchnama.
He further admits that the articles described at Sr. no. 24 in the
panchnama are not returned to Kailash Mehta as per the receipt
(Exh.1838).

Vijaykumar Babanna Rayappa

542. Learned counsel stated that PW 167 and PSI Umesh Kadam
recorded S.161 statement of Vijaykumar Babanna Rayappa who was
injured in the Jogeshwari blast on 05.08.06. He described two persons
reading an Urdu newspaper whose movements were suspicious.
However, he was not called for T.I.Parade.

543. PW-167 initially attempts to deny that Vijaykumar Rayappa was
an eye witness and had travelled in the same bogie as where the blast
took place.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
242

544. PW-167, in his cross-examination, states that he had inquired
with the witness. He denied that it was revealed that the witness was
traveling in the same bogie in which the blast took place. He was
traveling in the same train. It was revealed during his interrogation that
he had seen two travelers, looking like Muslims having Urdu
newspaper with them and whose movements were suspicious. He had
given the description of those persons. He did not feel that the
information given by the said witness was important. He had informed
his superiors about the witness in the discussion with ACP Patil and
ACP Tawde. They did not tell him to bring the witness before them for
inquiry. They did not opine that he is not an important witness. He did
not feel it necessary to take the identification parade with the help of
this witness.

545. PW-186 stated, in his cross-examination, that they had a witness
by name Vijaykumar Babanna Rayappa, claiming himself to be an eye-
witness in the Jogeshwari blast. They had a discussion about him and
they found that he was not reliable to be called for the identification
parade of the arrested accused.

Mohanlal Kumawat

546. PSI Yadav recorded statements on 28.9.06 of three shop keepers
in Santa Cruz East, Arvind Umarshi Shah, Mahendrabhai Dedhia and
Mohanlal Kumawat who state that two Kashmiri looking men had
bought 8 pressure cookers and loaded them into a white Santro car in
May 2006. These witnesses had given detailed descriptions of those
two Kashmiris and their sketches were prepared. The witnesses stated
that the suspects had made many calls.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
243

547. PW-167 Shri. Wadhankar (I.O of Cr. No. 41/2006) states in his
cross-examination that PSI Yadav recorded the statement of Mohanlal
Kumawat, shop owner on 28/09/06, from whose shop the pressure
cookers were purchased. It was revealed from this witness that the
persons had kept the cookers in white coloured Santro car and he had
given the description of the persons. Sketch was prepared. It was not
circulated for finding that person. He had informed his superiors about
the information that they gave. He did not think of calling them for the
identification parade and they were not called. It was revealed from the
statements of these three witnesses that eight pressure cookers were
purchased and loaded in white Santro car.

548. The above referred explanations by the IOs go against the
prosecution and show that till the confessional statements were
recorded, there was no evidence worth showing the involvement and
complicity of the accused. The prosecution has examined only two
witnesses PW-60 and PW-85, who had given their statement under
section 161 of Cr.PC within a short span of the incident, like the
witnesses of sixth category.

549. These witnesses, who claim to have seen the suspects and gave
their statement immediately after the incident, have given detailed
description of the suspects in their S.161 statements. Their memory was
fresh when the statement was given. If these statements are compared
with the statements given by the accused, subsequent to the retraction
of the statement, i.e. after 100 or more days of the incident, the
statements of the witnesses of the sixth category appear to be more
helpful to identify the accused. Despite the same, for no valid reason,
they were not called for T.I. Parade or examined as prosecution

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
244

witnesses. Therefore, we are of the opinion that an adverse inference
needs to be drawn against the prosecution for not examining the
material and important witnesses.

550. Now, we will proceed to the second category of evidence, i.e.,
recovery of RDX, detonators, granules, and other recoveries.

RECOVERIES

551. We have examined and scrutinised the evidence of eye-
witnesses. The other evidence, on which the prosecution has placed
heavy reliance while trying to bring the guilt at home against the
accused, is the recoveries made from the accused.

552. Following are the recoveries made from the respective accused.

A) A.1 – Kamal (Exh.500)
One Plastic bag containing 500gms black coloured powder. (As per CA
Report: 1) Cyclonite (RDX – used as high explosive) and charcoal are
detected in the exhibit. 2) Exhibit contains about 85% RDX and 15%
Charcoal.)

B) A.2 – Tanveer

a) Hospital Search (Exh.458) : Three bottles recovered from
Tanveer’s hospital locker situated in ICU:

i. One black plastic bottle having label of ‘Hydrogen Peroxide
Solution’ of 500 ml, ingredients, manufacturer’s name etc.
ii. One brown glass bottle having the label of ‘Acetone’ of 500
ml, ingredients, manufacturer’s name, etc.
iii. One brown glass bottle having the label of ‘Sulphuric Acid’
of 500 ml, ingredients, manufacturer’s name, etc.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
245

b) House Search of his brother’s house (Exh.485):

i. 3 books having name Teherik-E-Milat: Atankvaad ka
zimmedaar kon,
ii. One book related to SIMI having name – ‘April 2004,
Tehrik-E-Millat, Ashiya, Shaikh Ahmed Yasin sukoon se so
gye, Israeli kabhi sukoon se nahi reh sakenge – Hamas,
iii. One book named ‘Sahi Disha Me Shatra Shakti: SIMI
Sangarsha Yatra Ke 25 Varsh’,
iv. One book- related to SIMI,
v. One local map of Mumbai wherein on the left side ‘Map of
Mumbai’ and on the right side ‘Tourist map of Mumbai’ was
written. (Some places were marked with green and red ink
on the map),
vi. One International Map – shows the countries – Iran,
Afghanistan, India, Muscat, and Oman. This map is a Xerox
copy. (Map has one telephone no. i.e. 00966507551451 and
one email ID – [email protected])

c) Passport Agent Office Search (Exh.450): Passport of Tanveer
Ansari recovered from travel agent

C) A.3 – Faisal

a) House Search (Exh.533):

i. Cardboard box,
ii. a plastic bag in which there is cotton on which there is black
powder-like substance (As per the CA Report: Cyclonite
(RDX – used as high explosive) and charcoal are detected in
the exhibit.),
iii. A black coloured rexine pouch containing:

– A train ticket from Howrah to Mumbai dated 20/05/2006.

– Two train tickets from Howrah to Mumbai dated
22/05/2006.

– ATM Card of ICICI Bank

– One learning licence and one driving licence,

– Currency notes of Rs. 1000/

– 30 notes of denomination of 500 Saudi Riyals (15,000
Saudi Riyals)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
246

– A train ticket from Mumbai to Howrah dated 14/05/2006
iv. Letter of Oriental Insurance Co. in the name of insured
Nizamoddin Abdul Siddhique,
v. Motorcycle Documents. The registration book of Bajaj
pulsar motor cycle no. MH-01-TA- 9542 in the name of
Mohd. Muzamil Ataur. Certificate of insurance of New India
Assurance Co. in the same name,
vi. One leave and license agreement,
vii. Two books titled ‘April 2004, Tehrik-E-Millat, Ashiya,
Shaikh Ahmed Yasin sukoon se so gye, Israeli kabhi sukoon
se nahi reh sakenge – Hamas’, and two books titled ‘Tehrik-
E-Millat Atankwad ka jimmedar kaun’,
viii. Four books, two having green cover and two having
pink cover titled SIMI, Sangharsh yatra ke pachis varsha,
ix. Xerox copy of the map of part India, Pakistan, Afghanistan,
Iran etc., (Some places were marked with green and red ink
on the map),
x. The receipt dated 10/01/05 of Bajaj choice center for Rs.

59500,
xi. Key of the flat of Mohd. Faisal bearing the words china,
xii. Motorola, reliance and Sony Ericson mobile handsets, sim
cards , batteries, etc.

b) Recoveries from Railway Track (Exh.1108): One Plastic bag was
recovered which is copper-brown in colour, damaged and torn at
some places measuring 30cm × 45 cm covered in mud. Inside
the plastic bag, another thin white plastic bag torn at one place
and covered in mud. That plastic bag contained:

i. 7 black rubber gaskets labeled as ‘Kanchan’ in white colour
and soaked in mud,
ii. 5 pressure cooker whistles of stainless steel fitted with black
plastic cap. Kanchan is marked on the surface of the plastic
cap,
iii. 5 pieces of electric wire with red and white coloured PVC
insulation. The length of the pieces of wires are 12cm, 28
cm, 28 cm, 60cm and 82 cm,
iv. Printed Circuit board with wire and other material. There
also a black wire attached to the circuit with intermediate

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
247

black switch with NOKIA marking – cylindrical in shape and
terminating in a pin generally used for headphone
connection of a mobile,
v. Copper Brown and white coloured plastic bag (Cyclonite
(RDX) is detected)

D) A.6 – Mohd. Ali

House Search (Exh.716):

i. Plastic pouches and cotton swabs taken during house search,
(As per CA Report, Cyclonite(RDX) and Charcoal are detected
on the Blackish stained cotton swab in a polythene bag, and
Ammonium Nitrate and traces of cyclonite (RDX) are detected
on the cotton Swab in a polythene bag)
ii. Pressure cooker of 5 litre with the lid, whistle and steam plate,
the khaki wrapper with label, two seals and white thread.

E) A.7 – Sajid
Office Search (Exh.1480):

i. One torn plastic bag with Priyagold and Magic-Gold written on
it
ii. One soldering gun- old & used of MAXGOLD Co.
iii. 4 pieces of Soldering wire
iv. Round metallic ‘dabbi’ of soldering paste of Quick fix company.
v. One printed Circuit board,
vi. One multimeter of UNI-T company, Model No. DT830D
having two wires-one red & one black . On black of the sad
multimeter 3030598732 is paste,
vii. 2 tweezers made of steel.

viii. 1 screwdriver with green handle,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
248

ix. One white packet- empty with title Easy Recharge Card-Airtel
printed on front. On the backside a sticker is affixed with
following particulars: Mob no. 9867244681SimNo.
899192000003206618F
x. Electrical components consisting of – 22 resistors, 2 capacitors, 1
coil, 8 transistors, 9 LEDs, 6 Diodes.

F) A.9 – Muzzammil
House Search (Exh.534):

i. Three CPUs
ii. One hard disk
iii. One mobile phone, sim card and battery.
iv. One airtel company sim card
v. one pouch containing 30 DVDs
vi. one 80GB Hard Disk
vii. Map of Mumbai,
viii. two books titled April 2004, Teherik-E-Milat, and Atankwad ka
jimmedar kaun,
ix. one book having green cover titled SIMI sangarsh yatra ke
pachis varsh,
x. the statement of marks and passing certificate in the name of
Muzzamil,one driving licence, brown leather purse, identity
card of Oracle Co.( Two pieces), a white blank plastic card,
ICICI Bank card, the plastic bag with label, brown paper outer
envelope, passport, blank identity card of ALL India Association
of Unani Medical Colleges, two blank identity cards of Z.V.M
Unani Medical College and hospital.

G) A.10 – Suhail Shaikh
House Search:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:25 :::
249

i. Indian Passport of A.10,
ii. 6 books – Two books were titled ‘SIMI, Student Islamic
Movement of India’. The address of SIMl’s office of Delhi was at
the bottom of the front cover. Two books were titled ‘Millat-e-
Tehrik, Atankwad Ka Jimmedar Kaun’ and two books were
titled ‘April-2004 Tehrik-e-Millat’.,
iii. 4 audio cassettes (Art. 253 1 to 4) – Some cassettes were titled
‘Al-Quran’ and some were titled ‘Beauty of Islam’.
iv. Mobile phone of A.10 (Art. 252),
v. One map of the Middle East showing half of India. (Art. 250).

A route from Salet, Tehran in Iran up to Muzaffarabad in
Pakistan was marked on this map. There were some numbers in
handwriting and e-mail Ids.

vi. One map (Art. 248) was titled ‘Map of Mumbai’. Certain spots
in Mumbai – Veer Savarkar Marg, Dadar, Mahalaxmi Temple,
Reserve Bank of India, etc. were marked in red ink encircled by
green ink on this map.

vii. ISD Rate Card (Art. 248B)

H) A.11 – Zameer Shaikh
House Search:

i. One Passport (Art. 133)
ii. One xerox map containing part of India, Pakistan &
Afghanistan. There was a number, an email id and some other
thing written on the map in Urdu. (Art. 134)
iii. One Book titled Tehrik-e-millat, Atankwad ka jimmedar kaun
(Art-135).

iv. One book titled Tehrik-e-millat, Asia, April-2004 (Art-136).
v. One map of Mumbai which had markings on it with red and
green ink. (Art. 137)
vi. A booklet titled ‘latest road map of Mumbai & Navi Mumbai’.

(Art. 138)
vii. A black leather purse. (Art. 139)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
250

viii. A driving license no. MH-01-97 50299 in the name of Zameer
Ahmed Latif-ur-rehman Shaikh. (Art. 140),
ix. An ATM Card of Canara Bank in the same name. (Art-141).
x. An ATM of Canara Bank in the name of Mohd. Zubair Ansari
NY. (Art-142)
xi. A pocket diary (Art-143)
xii. 3 visiting cards and two chits of Sun-n-Sand. (Art-144 1 to 5)
xiii. Currency notes – 6 currency notes of Rs.100/-, 10 currency notes
of Rs.50/-, 3 currency notes of Rs.10/- and 1 currency notes of
Rs.5/-. total Rs.1135/-. (Art. 145 colly)

I) A.12 – Naveed Khan
Recovery of Car (Exh.641):

Six packets were sealed by ATS in envelopes having labels containing
the description of the contents:

i. Three cotton swabs (प्रदर्शी त “अ”, “अ-१”, “अ-२”) are described as
cotton swabs from the back of the driver seat
(As per CA Report, Cyclonite (RDX), Petroleum hydrocarbon
oil and Charcoal are detected)
ii. three cotton swabs (“ब”, “ब-१”, “ब-२”) from the dash board in
the boot (dikki). (As per CA Report, Ammonium Nitrate and
Nitrite radicals are detected)
iii. Documents of car no. MH-01-V-9568: xerox copy of certificate
of insurance issued by National Insurance Company valid from
the period from 28/ 11/ 05 to 27/ 11/ 06, PUC certificate issued
on 09/ 06/ 06 and bill of M/ s Sai Services dated 09/ 06/ 06).
Three audio cassettes seized from the from dashboard of car no. MH-
01-V-9568.

J) A.13 – Asif Khan
House Search (Exh.665):

i. An ash coloured rexine bag having the name ‘Hindustan ki Kasam’ –

Art-279, inside a khaki wrapper with label – Art-279A and the outer
wrapper with seals Art-279B.

ii. Slight white powder inside a pouch – Art-280

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
251

iii. 20 white pieces wires – Art-281 colly, Aluminium pieces -Art-282
colly., small plastic pouch containing the aluminum pieces Art-
282A, Pieces of red sticking tape Art-282B, The bigger pouch which
contains above articles- Art-282C, Opened brown sealed packet
which contains bigger pouch Containing seals on both sides- Art-
282D
iv. Plastic Pouch- Article 283A: The slight white powder inside the
pouch Article 283
v. White granules(Article 284)
vi. Twenty- two (22) books and the spiral binded book in Urdu- Art-

285 (1 to 23) Book in english – Article 286 Outer cover of Frontline
weekly- Article 287, Pamplet of Vector Classes- Art- 288, Visiting
card of Bombino-collection- Article 289
vii. A file containing educational and other documents in the name of
Ansari Mohd. Imran of School and polytechnic of Indore and
Bhopal – Art 290 (1 to 26),
viii. Urdu Newspaper- Article 290A
ix. Plastic Bag bearing the name Japan store, Lucknow containing Urdu
and English newspapers, some magazines, four CDs- Art-292 colly.

x. 2 CPUs from Article 293 to Article 294.

xi. One printer – Art 295
xii. One monitor- Art 296
xiii. The application for NOC to society/information to police along
with agreement of leave and license- Art- 297 colly
xiv. Reliance energy bill- Article 298

553. From the above referred recoveries from the respective accused,
it is evident that from five accused, i.e. A.1, A.3, A.6, A.12, and A.13
RDX was seized. From A.1, 500gms of RDX was allegedly recovered,
whereas, from the other accused, the RDX was allegedly collected on
cotton swabs. The other recoveries from the accused are books and
maps (A.2, A.3, A.9, A.10, & A.11), detonators and granules (A.13),
CPUs (A.9 and A.13), wires (A.3 and A.7), printed circuit board (A.3
and A.7), soldering gun (A.7), pressure cooker (A.6), a Maruti-800 car
(A.12), etc.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
252

554. Since recovery of RDX, white granules, detonators and
electronic components and equiment are connected with the bomb
blasts, we will deal with these recoveries first. As books, maps,
computer CPUs, etc. are not directly connected with the bomb blasts,
but such evidence is brought on record as circumstances connecting the
accused with the bomb blast, we will discuss the same in later part of
this section.

RECOVERY OF RDX & ABSENCE OF PROPER SEALING

A.1 – Kamal Ansari

555. A.1 was arrested on 20/07/2006 from Basupatti, Bihar. As per
the case of the prosecution, A.1 was one of the planters in the present
case, who planted the bomb in 645DN Virar Fast train. After arresting
A.1, PI Tajne (PW-161) took him for his house search on 20/07/2006.
During the said house search, the police found one plastic bag
containing 500gms black coloured powder. As per the CA Report, the
powder was detected to be 85% Cyclonite (RDX – used as high
explosive) and 15% charcoal. The police seized the powder.

556. Learned Counsel Shri. Chaudhary submitted that, in the present
case, there was a complete absence of sealing in seizures & recoveries of
RDX. The seizures are eminently vulnerable to manipulation and
tampering and therefore, must be closely scrutinized.

557. It is further argued that RDX was allegedly seized from five (5)
accused persons. In the case of A.3 & A.6, DW-51 ACP Shengal was
personally present and supervised the seizure of RDX. In the case of
A.1, he received the black powder from Tajne, which he kept it with

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
253

him and then after a few days sent it for FSL examination. So, DW-51
ACP Shengal is directly connected with three of the seizures i.e A.3,
A.6 and A.1. It is argued that DW-51 Shengal has played a vital role in
this case in falsely implicating the accused. The selection of the accused
and the hoisting of evidence in this case has been done largely by him.

558. Learned SPP Shri. Thakare argues that it is not disputed that
PW-161 visited Basupatti and if the seal is considered, the purpose is
that no one should tamper this seal and the article seized. It is argued
that the panchas to the seizure of RDX are from Bihar and it is not
possible to take their signature after tampering, if any. It is thus,
submitted that the argument raising a doubt about the sealing of RDX
is baseless and has no substance.

559. Upon considering the rival contentions, it can be seen that the
challenge raised to the recovery of RDX mainly revolves around sealing
of the same while it was recovered from the accused. Thus, before
proceeding to consider the evidence as regards recovery of RDX from
individual accused, it would be appropriate to refer to the relevant
provisions under Bombay Police Manual and the law relating to sealing
of seized articles.

560. Rule 148 (2) of the Bombay Police Manual, 1959 (Vol III,
Appendix XXIV) reads as follows:

“(B) Other precautions – Special care should be taken to avoid the
following faults:- The integrity of exhibits and control samples must
be safeguarded from the moment of seizure up to the completion of
examination in the laboratory. This is best done by immediately
packing, sealing and labelling and to prove the continuity of the
integrity of the samples, the messenger or bearer will have to testify
in Court that what he had received was sealed and delivered in the
same condition in the laboratory. The laboratory must certify that

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
254

they have compared the seals and found them to be correct. Articles
should always be kept apart from one another after packing them
separately and contact be scrupulously avoided in transport also.”

561. Rule 150 (3) of the Bombay Police Manual, 1959 (Vol III,
Appendix XXV) reads as follows:

“Rule 150 (3) – Instructions for sending material to the Director
Forensic Science Laboratory…

(6) All exhibits should be properly sealed with sealing wax and
impressed with official device and not with a coin, buttons keys and
other similar common device. Exhibits bearing only paper seals with
or without Panchas signatures on them and those, which do not bear
proper device on their seals, will not be considered as sealed samples.

In addition to the Panchas paper seals, if any, there must be official
seals with sealing wax.”

562. Rule 271 of Bombay Police Manual (Vol II, Chapter VIII) reads
as follows:

“271. Muddemal Register:

(1) All properly passing through the hands of the Police must be
brought to account either in the “Register of property passing through
the hands of the Police” commonly known as the”Muddemal Register”

(Form No. PM. 8 1) or in the register known as the “Book of
ornaments and wearing apparel taken from prisoners on admission to
the lock-up,” commonly called the “Lock-up Register” (Form No. P. M.

87).

(2) (a) Property such as ornaments and wearing apparel, left on the
person of a prisoner by the investigating Police Officer and taken from
him as a preliminary measure by the officer in charge of the lock-up
before the prisoner is put into the cell, must be entered in the “Lock-
up Register.”

(b) All other property received at the station must be entered in the
“Muddemal Register.”

(3) (a) Columns 3 and 4 of the Muddemal Register should be filled in
very carefully so as to enable each article to be identified easily with the
help of information in those columns.

(b) The register should be renewed at the commencement of each
calendar year, the entries regarding property remaining undisposed of
at the end of the year being carried forward to the new register for the
following year.

(c) The Sub-Inspector or Inspector-in-charge of the Police Station
should check the entries in the register at the end of each month and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
255

sign it in token of his having satisfied himself about their correctness.
(I.G.’s No. 9069-B, dated 16th August 1918)”

563. Thus, the standard procedure is that when articles are seized
during investigation, its intergrity must be safeguarded from the
moment of seizure upto the completion of examination in the
labaratory. This be achieved by immediately packing, sealing and
labeling and placing in the muddemal room. An entry is to be made in
the muddemal register.

564. PW-140, Assistant IO, ATS, admits that the muddemal is
required to be deposited in the muddemal room after taking entry in
the muddemal register. The carrier collects the sample from the
muddemal room in order to take the sample for FSL and corresponding
entries are made in the register. In this way a clear chain of custody can
be established.

565. While stating the importance of sealing of seized articles, the
investigating officers in the present matter deposed as under: –

(i) PW-161 PI Tajne states that there was a prescribed procedure
for sealing articles seized during investigation to rule out
tampering. He also states that as a routine practice they carry
lac seal with them whenever they go for search.

(ii) PW-42 Sachin More (FSL Carrier) says that as a police officer,
he knows that it is necessary that a packet is sealed with lac
seal to prevent tampering.

(iii) PW-140 PI Godbole says the purpose of sealing is to prevent
the article from being tampered.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
256

(iv) PW-152 PI Bhavdhankar states that articles that are seized
under panchanama are required to be sealed using lac seal and
brass seal.

(v) PW-189 Balu Daundkar, Dy. Director FSL, Kalina, also states
that sealing is a necessary precaution to be taken to prevent
tampering.

566. The Division Bench of this High Court, in the case of Ashraf
Hussain Shah vs. State of Maharashtra, reported in 1996 Cri. LR (Bom)
206, has held as under: –

“14. First of all we would like to observe that the learned trial judge
was perfectly justified in rejecting the evidence of recovery of blood
stained clothes and knife at the pointing out of the appellant,
primarily on the ground that there was no evidence to indicate that
after seizure these articles were sealed. A Division Bench of this
Court to which one of us (Vishnu Sahai J) was a party in the case of
Deoraj Deju Suvarna v. State of Maharashtra, reported in 1994 Cri
LJ 3602, after considering a large number of authorities has held
that not only should the prosecution adduce evidence that after
seizure the articles were sealed but should also lead link evidence to
the effect that till being sent to the Chemical Analyst they were kept
throughout in a sealed condition. This is done to eliminate the
suspicion that blood might not have been put on the articles
subsequent to the recovery and prior to being sent to the Chemical
Analyst.”

567. Then, in the case of Lalchand vs. State of Maharashtra, reported
in (2000) 3 Mah LJ 438, the Division Bench of this Court has held as
under: –

“25. In this connection, it would be pertinent to refer to para 8 of
the Division Bench decision of the Rajasthan High Court in State of
Rajasthan v. Motia [State of Rajasthan v. Motia, 1953 SCC OnLine
Raj 51 : AIR 1955 Raj 82] accused, wherein Wanchoo, CJ, (as he
then was) observed thus:

‘… It is, therefore necessary for the prosecution to produce evidence
that steps were taken at once to seal the articles, and that from the
time the articles came into possession of the police to the time they
were sent for identification before a Magistrate or for examination to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
257

the chemical examiner the seals remained intact. This evidence is
missing in this case. It is, of course not difficult to sprinkle a few
human bloodstains on articles recovered if somebody wants to do so.
We do not say that this was done in the present case; but as
precautions were not taken the argument raised on behalf of the
accused that this might have been done remains unrefuted…’

568. Then, in the case of Mohd. Iqbal alias Munna vs. State of
Maharashtra, reported in (2016) 3 AIR Bom R(cri) 596, the Division
Bench of this High Court has held as under: –

“46. Though the query report was received on 13th of November,
2009, Muddemal articles like the clothes of the accused and the
weapons were sent to Chemical Analyzer by Investigating Officer
under requisition (Exh.107) on 2nd of February, 2010 vide Outward
No. 246 of 2010. Now, from 13th of November to 2nd of February,
2010 where these articles were lying? Whether they were kept in
proper sealed condition? Whether they were in proper custody?.
There is no prosecution evidence to answer the aforesaid questions.
The prosecution was obliged to adduce the evidence to show that
after the articles seized were properly sealed and they were in proper
custody and were kept throughout in a sealed condition i.e. right
from the time of recovery till being sent to the Chemical Analyzer.
The prosecution evidence is clearly wanting on the said aspect.
Therefore, in our view, the learned Senior Counsel has rightly placed
his reliance on dictum of this Court reported in 1995 Cri LJ 1432
(State of Maharashtra v. Prabhu Barku Gade) for extending benefit
in favour of the appellants.”

569. Similarly, in Sanjay Devaji Ramteke vs. State of Maharashtra ,
reported in 2020 SCC OnLine Bom 431, the Division Bench of this
Court has held thus: –

“32..Contemporary document, recovery panchanama (Exh.-28) is
conspicuously silent in respect of “sealing” of the clothes on the spot.
Evidence of Fulchand (PW6) does not show that steps were taken
by the investigating officer to seal the clothes of the appellant.
Evidence of the investigating officer Sohansingh (PW4) is also silent
on this aspect. He did not depose that after seizure, he applied seal
to the bundle of clothes. Seizure form (Exh.-28A) regarding clothes
of the appellant is also not having specimen of seal as given in
format. Ultimately, during cross-examination, the investigating
officer was required to admit that inadvertently it remained.
Contemporaneous documents and evidence of the prosecution

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
258

witness Fulchand (PW6) and even the evidence of investigating
officer does not show that clothes of appellant were sealed after
those were seized from the spot. In Tulshiram Bhanudas Kambale v.
State of Maharashtra; reported in 2000 CRI.L.J. 1566 and Mohd.
Iqbal alias Munna s/o Abdul Sattar v. State of Maharashtra, through
PSO P.S. Lakadganj, Nagpur; reported in 2016 All MR (Cri) 4530,
it is the direction of the Court that where evidence of the
investigating officer shows that after effecting recovery of articles he
did not affix the lac seals on them, no evidentiary value can be
attached to said recovery.

33. Similarly, on earlier occasion also, in Lalchand Cheddilal Yadav
v. The State of Maharashtra, reported in 2000 (3) Mh. L. J. 438, this
Court discarded scientific evidence when it was noticed that articles
stained with blood were not sealed.”

570. From the above referred observations of this Court, it is evident
that the prosecution should establish that after effecting recovery of
articles, the articles were sealed and they were kept throughout in sealed
condition and were kept in proper custody till being sent to the
chemical analyst. This is to be done to eliminate the suspicion that the
articles were tampered.

571. Coming back to the facts of this case. A.1 – Kamal was arrested
on 20/07/2006 from Basupatti, Bihar. 500 gms of RDX was allegedly
recovered from his house. Let us examine the evidence in this regard.

572. A.1 – Kamal was arrested by PI Shri. Tajne (PW-161). PW-161,
deposed that after the serial bomb blasts, different teams were formed
for making the investigations into the blasts. He was also assisting the
investigating officer in Cr. No. 77/2006 of Mumbai Central Railway
Police Station. He gathered information from a reliable source on
19/07/2006 that the user of mobile number 9934610679 namely
Kamal, hailing from Basupatti, Bihar is having his complicity in
Mumbai Central Railway Police Station.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
259

573. Superiors, thereupon, directed PW-161 to proceed for
investigation to Patna. He, along with API Kolhatkar and PSI Sachin
Kadam, left Mumbai for Patna, Bihar. They along with PSI Rajan Singh
arranged a trap near the Prasad Cinema Hall in Basupatti after
preliminary inquiry. They noticed two persons at about 3:50 a.m.
coming towards the city from outside. PSI Rajan identified one of them
as the suspect Kamal.

574. A.1 was found in possession of Nokia make mobile handset
during his personal search. PW-161 prepared a detailed panchnama
and, after it was over, A.1 led them to his residence on foot.

575. During search, they noticed old clothes, empty oil boxes kept
below the wooden cot. They noticed a plastic bag behind these articles.
It was taken out and they found that the plastic bag was containing
black coloured powder weighing about 500 gms. They suspected that
the powder was an explosive substance. Hence, they took out about 10
gms. powder as sample in a small plastic bag, wrapped it in a khaki
paper, remaining powder was kept in a plastic jar. It was also packed in
a khaki paper. It was tied with thread and a label containing signatures
of panchas and PW-161’s signature was pasted on the jar. The sample
was also tied with the thread and a label containing PW-161’s signature
and that of the panchas was pasted on it. The packet containing the
sample was sealed. The jar was marked as Exh.A and the sample was
marked as Exh.A1. The jar was tied across the top and bottom by
thread and a label was pasted across the lead covering the said part of
the jar, so that it could not be opened. All the above articles were taken
into possession under the panchnama (Exh.500).

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
260

576. PW-161 deputed API Kolhatkar to carry the seized explosive
powder by road as they wanted to come back to Mumbai by air. He
reported to the Chief IO ACP Shengal about their arrest on returning
to the ATS office.

577. In cross examination, PW-161 deposed that API Kolhatkar came
by road transport and reached on 22/07/2006. He handed over the
black powder to the Chief IO ACP Shengal. No panchanama was
drawn at that time about handing over the plastic jar and sample.

578. After the arrest of A.1, Jaijeet Singh, Addl. CP, ATS, Mumbai,
Maharashtra wrote a letter to the S.P of District Madhubani, Bihar for
transfer of offence for registration and investigation. And thereby a
request was made for registration and investigation of the offence of
possessing explosive powder by A.1, without any valid license, in
contravention of Section 4 & 5 of Explosive Substances Act 1908 r/w
S.5, 6, 9(B) of Explosive Act 1884, which falls in the jurisdiction of
Basupatti Police Station.

579. Thereafter, in view of the order dated 05/04/2007
(Exh.2450(2)) of the Hon’ble Supreme Court of India, the FIR No.
102/2006 before the Basupatti Police Station, Dist. Madhubani, Bihar
was transferred to the designated court constituted under the MCOC
Act 1999 at Mumbai.

580. At the time of arrest of A.1 by PW-161, Rajan Prasad Singh, PSI
attached to SPF Patna (PW-107) was present. In his oral evidence, he
corroborates the evidence of PW-161 as regards arrest of A.1, his house
search, seizure of black powder, drawing of sample and sealing of the
same with the remaining powder.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
261

581. In cross examination, PW-107 has deposed that the ATS police
officers from Mumbai did not ask for the official seal on 20/07/2006.
He said that he knew about the procedure of affixing official seal by lac
seal when any article is sealed during investigation. He further states
that Mumbai police did not ask for lac seal from him. They had
brought their own seal they used their seal to seal the articles that they
had seized. They used the seal at the house of the accused at the time of
seizure of the articles. Mumbai Police had seized and taken away the
polythene bag in which the black powder was found. The polythene
bag with the powder in it was kept in a plastic jar. Mumbai police did
not take the signature of any police officer of Bihar present there on the
labels that were affixed.

582. A panch, in presence of whom the mobile phone, cash and RDX
was seized, was examined at Exh.499 as PW-22. In cross examination,
PW-22 states that the sample powder of approximately 10 gms was put
in a polythene bag, then it was wrapped in a khaki paper, tied with a
thread, and then sealed.

583. Shri. Tajne (PW-161), in his evidence, referred Shri. Shengal as
the Chief Investigating Officer at the initial stage. The prosecution did
not examine him though his name was shown as a witness in the list of
witnesses in the chargesheet at Sr. no. 330. Therefore, the defence
made an application for examining him as a prosecution witness which
was opposed by the prosecution on the ground that it is the prerogative
of the prosecution to whom to examine. The application to examine
Shri. Shengal as a court witness was also opposed and ultimately, before
the High Court, the prosecution conceded to examine Shri. Shengal as

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
262

a defence witness. Accordingly, Shri. Kishan Narayan Shengal is
examined as DW-51 at Exh.4342, who was declared hostile. And then
he was cross examined by the defence.

584. In his deposition, DW-51 states that PI Tajne and PSI Kadam
met him at Kalachowki ATS office at 9 pm when they returned. He
states that they did not show brass seal to him. The sealed mobiles were
produces. The lac seal was not affixed, but packets were sealed with
labels of panchas. Kolhatkar (PW-18) produced articles that were pasted
with labels of panchas and tied with white thread. He admits that there
was no lac seal on the articles that were brought from Bihar.

585. DW-51 then states that the articles that were produced before
him was in plastic jar and the sample was in a plastic pouch. He did not
send the plastic jar to the FSL. He told the I.O. PI Rathod to take it in
custody and keep it in the safe custody. He had sent the sample to the
FSL through PI Rathod. PI Rathod did not tell him that he had got the
lac seal affixed on it. As per him, lac seal was not affixed on the sample
at the ATS office.

586. It is, thus, abundantly clear that 10 gms RDX powder sample
was taken in a plastic bag, the same was wrapped in a khaki paper tied
with threads and a label containing signatures of PW-161 and panchas,
were pasted on it. Whereas, remaining powder was kept in a plastic jar
tied with thread and label containing signature of panchas and
signature of PW-161, was pasted on the jar. Thus, none of the witness
speaks about use of any seal, whether lac or brass seal, while packing
the 10 gms sample or the remaining RDX.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
263

587. At this stage therefore, it is imperative to find out whether the
sample was put in a tamper-proof condition.

588. The prosecution examined one Mahadev Avati (Exh.595) as
PW-41, a head constable who was asked by Tajne to take sealed packet
and forwarding letter to FSL Kalina. PW-41 deposed that on
31/07/2006 he was on day duty. At about 9 am, PI Tajne called him
and gave him a sealed packet and a forwarding letter and asked him to
reach the same to the Forensic Science Laboratory at Kalina, Santacruz.
He checked the lac seal and the brass seal on the packet and the
signature on the letter and its copy. The packet was in a sealed
condition.

589. In cross examination, he deposed that the ATS Malkhana,
Muddemal room was in the ATS police station at Kalachowki. There
were five units of the ATS in Mumbai. They are at different places.
When he gave his statement, he did not state at which unit PI Tajne
gave him the sealed packet and the forwarding letter. He further states
that he did not take the packet from the muddemal room and he does
not know since when it was with PI Tajne. He further states that, in
July 2006, they were using the seal of Kalachowki police station
because there was no seal for ATS.

590. DW-51, after perusing the Exh.2009 case diary entry dated
07/07/2006, admits that the Station Diary Entry shows that the
constable has carried brass seal of the Kalachowki police station to the
ATS office. He states that generally such type of entry is required to be
made when the brass seal of a police station is given outside for use and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
264

is received back. He then claimed ignorance on what date the
impression of lac seal was put on the letter Exh.596 (a forwarding letter
of RDX seized from A.1, to FSL). He admits that the description in the
column where the seal impression is put in Exh. 596 shows that the
seal impression was used to seal a sample of 10 gms. He further admits
that impression of brass seal that is used to seal an article is required to
be sent to the FSL on the forwarding letter. The impression of the brass
seal in Exh.596 has been used in his opinion as described in column
above it. He further states that he does not know when the lac seal
impression was put on the 10 gms. sample.

591. From the above referred evidence, the things which got clarified
are that the RDX which was seized from A.1, was packed in Khaki
paper and tied with thread and a label containing signatures of panchas
and PW-161, was pasted on the sample of 10gms and remaining RDX
packed in the jar separately. The evidence of PW-161, PW-107, and
PW-22 do not refer about sealing of the above referred articles. It is,
thus, evident that no brass seal or lac seal was used.

592. It is further evident from the evidence of PW-41 and DW-51
that PW-41 received the sealed packet from PW-161 Shri. Tajne with
forwarding letter and not from Muddemal room. DW-51 admits the
fact of having impression of brass seal on the samples sent to the FSL
and further he showed ignorance when the lac seal impression was put
on the sample.

593. PW-189 Balu Daundkar (Chemical Analyst), in his ocular
evidence, admits that the impression of seal was of Kalachowki Police
Station and it was tallying with the seal of the packet.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
265

594. Before going further, let us see the seal to which PW-41 and
DW-51 are referring to. The image of the relevant portion of Exh.596,
which is a forwarding letter sent to FSL along with 10gms sample of
RDX seized from A.1, is reproduced here under: –

Image No. 1

595. From the above referred image, it can be seen that the lower
portion of it relates with acknowledgment given by FSL. It is dated
31/07/2006. It mentions receipt of one sealed packet. The seal, which
is referred in the acknowledgment, is in the middle portion of the
image. The said seal depicts the copy of label and impression of seal on
the sample. The seal is of Kalachowki Police Station. Whereas, the
evidence of PW-161, PW-107 and PW-22 do not refer to such seal, on
the contrary, they only state that the sample was kept in small plastic
bag, wrapped in khaki paper, which was tied with thread. Thereupon, a
label containing signature of panchas and PW-161 was pasted.

596. Admittedly, the sample was seized from A.1 on 20/07/2006, it
was forwarded with the forwarding letter dated 29/07/2006 to FSL and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
266

received by the FSL on 31/07/2006. The prosecution has not brought
on record any evidence to show where the sample was between
20/07/2006 to 30/07/2006 and in what condition, particularly
whether it was in a tamper-proof condition. Whereas, the above
discussion does not even slightly suggest that it was kept in proper
custody and was in a tamper-proof condition throughout.

597. For the sake of convenience, we repeat that it is a settled
position of law that the prosecution should establish that after effecting
recovery of articles, the articles were sealed and they were kept
throughout in sealed condition and were kept in proper custody till
being sent to the chemical analyst. This is to be done to eliminate the
suspicion that the articles were tampered.

598. In light of the above referred findings recorded and well settled
principles of law, no evidentiary value can be attached to the said
recovery of RDX from A.1.

A.3 – Faisal Shaikh

599. A.3 – Faisal was arrested on 28/07/2006 in Cr. No. 77/2006.
According to the prosecution, A.3 was the in-charge of the entire
conspiracy and execution of the bomb blasts, acting under the
instructions of the L-e-T commander, Azam Cheema (wanted accused).
Additionally, the prosecution asserts that A.3 was the individual who
planted the bomb on the DN 619 Borivali Slow train.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
267

600. After his arrest, the police took A.3 for his house search on
28/07/2006. During the said house search, the police found black
powder on the floor of the upper compartment of a cupboard, which
was made of cardboard. The powder was wiped with the cotton swabs.
As per CA Report, it was cyclonite (RDX – used as high explosive) and
charcoal. These swabs and some other articles were seized. We will now
examine the evidentiary value of the seizure of RDX from A.3.

601. Learned Sr. Counsel Nagamuthu submitted that it is the
prosecution’s case that a few specks of black powder were seen in A.3’s
cupboard and collected in 3 cotton swabs on 28/07/2006. ACP
Shengal was present during the seizure (Exh.533). As per the seizure
panchnama, the three swabs of black powder were put in a khaki
envelope tied with a thread and sealed with a label containing the
signature of the panchas and police officials. The panchnama does not
mention the use of lac seal. It is an admitted position that FSL Kalina
returned the swabs seized from A.3’s house on 03/08/2006, six days
after it was seized, as they were not in a sealed condition. The same was
then sealed and resent to FSL on 04/08/2006. This shows that from
the date of seizure on 28/07/2006, till the date of dispatch to the FSL
on 03/08/2006, the swabs were in an unsealed condition and
vulnerable to tampering.

602. On the other hand, learned SPP submitted that it has already
been clarified that in 2006 the ATS did not have its own seal and the
panch witness has very candidly stated that the packing was done in
such a manner that, after tying the thread, the label bearing the
signatures of the Panchas and the police officer was affixed in such a

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
268

manner that, without cutting the thread or without tearing the label,
the substance inside cannot be tampered with.

603. In light of the rival contentions, let us see whether the evidence
brought on record indicates that the RDX was sealed in a tamper-proof
condition after being seized.

604. PW-176 PI Rathod IO of Cr. No. 77/2006, in his deposition,
stated that on 28/07/06, he, ACP Shengal, PSI Kshirsagar and staff
along with A.3 – Faisal and A.9 – Muzzammil went to the house of A.3
in Bandra. A.3 showed them a room on the right side and informed
that he lives there. In the living room, there was a cupboard. On
inspecting the upper compartment minutely, they noticed black
powder on the floor of the compartment, which was of cardboard. The
powder was wiped with the cotton swabs. The swabs were put in a
polythene bag and the bag was put in a cardboard box that was there,
the box was wrapped with a khaki paper, tied with thread and a label
containing his and panchas signatures was affixed on the knot of the
thread and taken in custody.

605. PW-31 Sanford Fernandes (Panch witness) deposed that in one
corner of the upper compartment, there was black powder. The officer
took the powder on the cotton bundle and put it in a plastic bag, put
the plastic bag in a cardboard box, wrapped it with brown paper, tied
the box with a thread and took their signatures on a piece of paper and
pasted it on the box.

606. From the evidence of IO PW-176 and panch witness PW-31, it
is evident that the swabs, by which black powder was wiped and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
269

subsequently certified by FSL as RDX, was kept in the box which was
wrapped with khaki paper tied with thread and a label containing
signature of PW-176 and panchas was affixed on the knot.

607. Thus, it is further evident that the swabs were not sealed. This
fact is further fortified by the evidence that the packets containing these
cotton swabs were returned by FSL on the ground that it was not in a
sealed condition. The FSL asked to put the lac seal of any police station
and send it back.

608. Thereupon, PC More was sent to Kalachowki on 04/08/2006 to
put the lac seal on the said packet. He did as directed and took the
sample with forwarding letter dated 03/08/2006 (Exh.598), signed by
him on 04/08/2006 after making the suitable correction by mentioning
that the seal of Kalachowki police station is affixed.

609. The above referred evidence sufficiently establishes that the
swabs in question were not sealed and in proper custody to eliminate
the suspicion that it was in a tamper-proof condition.

610. At this juncture, it is important to note that the swabs were
collected on 28/07/2006 from a flat alleged to be in possession of A.3
on the date of house search. But as per the story of the defence, A.3
vacated the flat on 20/06/2006. This is evident from the leave and
license agreement (Exh.537). No evidence is brought on record by the
prosecution to show that on the date of house search, A.3 was in
possession of the said flat on the basis of any legal document. Thus, it
also creates doubt about the house search and recovery.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
270

611. In light of the above referred findings recorded and well settled
principles of law, no evidentiary value can be attached to the said
recovery of RDX from A.3.

A.6 – Mohd. Ali

612. A.6 was arrested on 29/09/2006. As per the case of the
prosecution, bombs were prepared at his house in Shivaji Nagar,
Govandi. After his arrest, the police took him for his house search on
29/09/2006. During the said house search, the police noticed black
and white spots on the inner side of a bed, which was wiped with
cotton swabs. As per CA Report (Exh.2383), cyclonite (RDX) and
charcoal were detected on one swab and ammonium, nitrate and traces
of cyclonite (RDX) were detected on the other swab.

613. As regards seizure of RDX from A.6, the learned counsel for the
defence submitted that on 29/09/2006, while searching A.6’s house,
ACP Shengal spotted black and white stains in the inner compartment
of the bed and scraped the stains with two cotton swabs. PW-161 states
that there was a black patch and a white patch each about 2-3 inches. PI
Tajne PW-161 and stock panchas PW-58 and Mukesh Rabadiya were
present for this seizure. Both the panch and PW-161 mention that the
swabs were sealed with paper labels but do not mention that lac seal
was used. Panchnama only mentions that it was sealed with paper labels
containing the signature of the panchas and police.

614. Learned Sr. Counsel Shri. Nagamuthu submitted that the
seizure of RDX from A.6’s house was done in the presence of ACP
Shengal and PW-161, who assisted ACP Shengal in the Malegaon

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
271

investigation, and hence, the possibility of tampering and fabrication
cannot be ruled out.

615. Learned Sr. Counsel Shri. Nagamuthu further submitted that
the panchas to the present seizure were PW-58 and Mukesh Rabadiya
(PW-74 Vishal Parmar’s employer) who have both been used as
panchas previously by ACP Shengal. This shows that the seizure is a
charade enacted only to implicate the accused. Further, PW-72, the
carrier who took the RDX seized from A.6’s house to FSL, has stated
that PW-186 ACP Patil called him to his office and handed over the
packet to him there. It is, therefore, clear that the sample was kept in
the IO’s personal custody and not in the muddemal room, and hence,
the possibility of tampering cannot be ruled out.

616. Learned SPP argued that the panch witness has clearly stated
that the packing was done in such a way that, after securing the thread,
the label with the signatures of the Panchas and the police officer was
attached in a manner that prevented any tampering with the contents
inside, unless the thread was cut or the label was torn.

617. Learned SPP further submitted that unnecessary criticism has
been made by the defence about Mukesh Rabadiya (panch witness of
A.6’s house search) only because he was the employer of PW-74 (the
eyewitness who identified A.4 – Ehtesham) . The defence’s argument is
that it cannot just be a coincidence that the employer is the panch
witness and the employee is the eyewitness in the same case and
therefore, both of them are planted by police. Learned SPP submitted

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
272

that Mukesh Rabadiya has not been examined in this case because he
was not alive at the relevant time, and therefore, it would not be just
and proper to condemn Mukesh Rabadiya as he is not available to
clarify under what circumstances and what reasons he was a panch
witness in this case.

618. In light of the rival contentions, let us examine the evidence
available on record regarding seizure of RDX from A.6’s house.

619. PW-161 PI Tajne (Assistant IO) deposed that he, along with
panchas and A.6 Mohd. Ali, entered the house. They took the search of
a wooden box that was in the hall and found it to contain old clothes,
suitcase and one Kanchan pressure cooker, that it was taken out for
inspection, that on further minute observation of the bed, they noticed
black and white spots on the inner side of the bed. They suspected the
spots to be of some explosive substance, therefore, they wiped those
white and black spots with the help of clean and dry separate cotton
swabs, put the cotton swabs in small plastic bags, wrapped the bags in
khaki paper, affixed label containing their and panchas signatures and
sealed it at the spot. The pressure cooker was kept in a plastic bag and
seized.

620. PW-186 ACP Patil states that he sent the cotton swabs to the
FSL for analysis under a forwarding letter (Exh.796) with PC-27844.
The report of the CA (Exh.2383) reported that cyclonite (RDX) and
charcoal are detected on one swab and ammonium, nitrate and traces of
cyclonite (RDX) were detected on the other swab.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
273

621. PW-58 Pritam Mhatre (Panch Witness) deposed that inside the
wooden bed, the officer saw white and black stains, the officer scraped
the stains by two separate cotton swabs, put the cotton swabs in
separate plastic pouches, the cotton swabs were first wetted and then
the stains were scraped. The plastic pouches were packed in khaki
packets and sealed and their signatures were taken.

622. From the evidence of PW-161 and PW-58, it can be seen that
during the house search of A.6, inside the compartment on the floor of
the bed, police saw some white and black stains, which were scraped by
two separate cotton swabs. The cotton swabs were put in separate
plastic pouches, which were then wrapped in khaki paper, affixed label
containing their and panchas signatures and sealed it at the spot.

623. From the evidence of above referred witnesses PW-161 and PW-
58, the swabs were put in separate plastic pouches which were wrapped
in khaki paper and thereon label was affixed containing signature of
PW-161 and panchas. There is no mention of sealing of the packet in
which the swabs were put in.

624. In light of the above referred evidence, it cannot be said that the
prosecution has established that the swabs which were sent to FSL for
chemical analysis, were kept throughout in proper condition and sealed
condition, i.e. in a condition to avoid tampering of the same.

625. For the sake of convenience, we reiterate a settled position of
law that the prosecution shall establish that after effecting recovery of
articles, the articles were sealed and they were kept throughout in sealed
condition and in proper custody till being sent to the chemical analyst.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
274

This is to be done to eliminate the suspicion that the articles were
tampered.

626. Having held that the prosecution failed to prove swabs were not
kept in proper custody and sealed condition, no evidentiary value can
be attached to the alleged recovery of RDX from A.6.

A.12 – Naveed Khan

627. A.12 – Naveed was arrested on 30/09/2006 in Cr. No.
156/2006. As per the prosecution, A.12 was one of the bomb planters
in the present case. During his police custody, on 22/10/2006, A.12
allegedly volunteered to disclose the location of A.3’s Maruti-800 car,
which they used for transferring the bombs from A.6’s house to A.3’s
house on the night of 10/07/2006. Accordingly, a Maruti-800 car was
recovered by the police, in which they saw blackish spots in the boot
compartment, and in between the driver seat and the rear seat. These
spots were wiped with cotton swabs. As per the CA Report (Exh.
2391), cyclonite (RDX), petroleum hydrocarbon oil and charcoal were
detected on three cotton swabs taken from the backside of the driver
seat, and ammonium, nitrate and nitrite radicals were detected in the
other three swabs taken from the boot (dikki), and cyclonite (RDX),
ammonium, nitrate, nitrite, petroleum hydrocarbon oil and charcoal
were detected in the car.

628. Learned Sr. Counsel Nitya Ramakrishnan argued that ATS
claims that A.12 led them to a place in a block of flats where the car was
found parked and told them that the key would be found with one
Rizwan Khot. Upon going to Rizwan Khot and getting the key from

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
275

him and opening the car, the ATS claims that some black spots in the
boot and between the front and back seats were found, of which smears
were taken, later found by FSL to be smears of RDX. It is submitted
that the car was standing in public place and these recoveries were
shown to be made after more than three months. Therefore, much
weightage cannot be given to the recoveries.

629. On the other hand, learned SPP submitted that the evidence of
recovery of Maruti 800 car has been criticized on the ground that 1) it
was found parked in an open public space and therefore it will not
come within the ambit of recovery under Section 27, and 2) the key of
the car was found with Rizwan Khot who was not examined. However,
it is submitted that what is relevant is the fact that A.12 took the police
upto that car. And the house of Rizwan Khot being pointed by A.12
from where the key of the car was taken.

630. In light of the rival contents, let us examine the evidence
regarding the recovery of car from at the instance of A.12.

631. PW-168 PI Khanvilkar in his deposition states that A.12 led
them to the compound of Al Hatim Building and pointed out to a
white Maruti 800 car amongst other cars that were parked by the side
of the south compound wall and said that it was the car of A.3 – Faisal.

632. The car was opened with the key that was given by Rizwan
Khot. He searched and minutely examined the vehicle and in the boot
compartment he saw blackish spots, that similar spots were there in
between the driver seat and the rear seat, that he wiped the spots from
three places in the boot with the help of cotton swabs that were in the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
276

investigation kit, put them in three separate plastic pouches wrapped
them in separate khaki papers, affixed labels containing the description
of the contents of the pouches and his and panchas signatures and
sealed them with the ATS seal, marked the pouches on the labels as Ex.
A (v), A1(v1) and A2 (v2) in Marathi.

633. PW-50 Pawale (Panch witness for recovery of car) stated that
police inspected the car by torch, they saw some black spots on the back
side of the driver seat; the black spots were wiped by three cotton swabs
out of the cotton that was, with the police in the stationery articles, that
they put the cotton swabs in separate plastic bags, that there were
similar black spots in the boot, they wiped the black spots by three
cotton swabs and put them in separate plastic bags, put all the plastic
bags in separate khaki covers, covers were pasted close and their
signatures were taken on the labels that were pasted on the khaki
covers, that police seized the car and took the keys.

634. PW-157 Mahesh Digambar Bagwe (FSL Carrier), in his
deposition, stated that on the instructions of ACP Patil on 26/10/2006
he went to the FSL, Kalina taking with him a letter address to the FSL,
Kalina, six sealed packets from the muddemal section and Maruti 800
car no. MH-01-V-9568, which was in the compound of the ATS office
at Kalachowki. He deposited the six sealed packets, obtained
acknowledgement on the copy of the letter, office copy of which is at
Ext, 1686.

635. PW-186 ACP Patil, in his deposition, states that the report of the
FSL Ext. 2391 was received and the contents of the report show that

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
277

cyclonite (RDX), petroleum hydrocarbon oil and charcoal, were
detected on three cotton swabs and ammonium, nitrate and nitrite
radicals were detected in the other three swabs and cyclonite (RDX),
ammonium, nitrate, nitrite, petroleum hydrocarbon oil and charcoal
were detected in the car.

636. As per the prosecution’s case, A.12 parked the car from where it
was seized on a public road on 10/07/2006. Admittedly, the search was
made on 22/10/2006, i.e. after more than three months. The car was
accessible and visible to anyone since it was parked on the public road.
Moreover, keys were with one Rizwan Khot, who has not been
examined in this case.

637. The Hon’ble Supreme Court of India, in the case of Himachal
Pradesh vs. Jeet Singh (1999) 4 SCC 370, has held thus: –

638. “26. There is nothing in Section 27 of the Evidence Act
which renders the statement of the accused inadmissible if recovery
of the articles was made from any place which is “open or accessible
to others.” It is a fallacious notion that when recovery of any
incriminating article was made from a place which is open or
accessible to others, it would vitiate the evidence under Section 27
of the Evidence Act. Any object can be concealed in places which
are open or accessible to others. For example, if the article is buried
in the main roadside or if it is concealed beneath dry leaves lying on
public places or kept hidden in a public office, the article would
remain out of the visibility of others in normal circumstances. Until
such article is disinterred, its hidden state would remain
unhampered. The person who hid it alone knows where it is until he
discloses that fact to any other person. Hence, the crucial question is
not whether the place was accessible to others or not but whether it
was ordinarily visible to others. If it is not, then it is immaterial that
the concealed place is accessible to others.” [Emphasis Supplied]

639. In the present matter, it is not the case of the prosecution that
the car was not visible to the others. Since the car was on a public road,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
278

it was visible to everyone. Furthermore, considering the period lapsed
in between, which is more than three months, such recovery creates
doubt about its genuineness.

640. The arguments made by the defence that in the panchnama
there is no mention of lac seal, however, it has first time came in the
evidence of PW-161, is contrary to record.

641. However, from panchnama, it can be revealed that the panchas
have stated that after the signature of them were taken, a seal was put
on the same. The panchas might not have said it in clear terms that the
seal was a lac seal, but the statement in the panchnama suggests that it
was the same seal which has been referred in the oral testimony of PW-

161.

642. However, in light of the above referred findings recorded and
well settled principles of law as regards the recovery under section 27 of
Indian Evidence Act and a recovery made from a place which is easily
visible, no evidentiary value can be attached to the said recovery of
RDX from A.12.

A.13 – Asif Khan Bashir Khan

643. A.13 was arrested on 03/10/2006 in Cr. No. 156/2006. As per
the prosecution, he was the planter who planted bomb in DN 621
Virar Fast train. During his police custody, on 09/10/2006, he
volunteered to show the place where he had hidden some remaining
articles used for preparing the bombs.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
279

644. Learned Counsel Chaudhary states that neither the panch, nor
the investigating officer mentions the presence of any ‘black oily
lumps’, RDX or any powder in their oral substantive evidence. PW-55
Panch witness states that he had seen the rexine bag from inside but
does not mention seeing any ‘black oily lumps’. It is submitted that
whereas in the CA Report there is a mention of black oily lumps.
Mentioning of black oily lumps were found. This creates doubt about
the recovery of bag having black oily lumps.

645. It is further argued that the sealed packets were handed over to
the carrier PW-164 by ACP Patil (PW-186) and not from muddemal
room. It is further pointed out that the malkhana is at Kalachowki
whereas, packets were handed over to PW-164 at Bhoiwada police
station, which shows that it was not in proper custody and in tamper
proof condition.

646. The bag having alleged black oily lumps, granules and
detonators were seized by putting label on it to the signature of panchas
and PW-16. It is argued that no lac seal was used. It is, therefore, argued
that on the ground of not having proper seal and not keeping the above
referred articles in proper custody, this seizure cannot be relied upon.

647. Learned SPP submitted that, as regards the allegations that the
material recovered from A.13’s flat was planted by the investigating
agencies, states that 23 Books, wires, granules, detonators were found at
the Mira Road flat. If we think of all these items collectively, we can
imagine its link to the case. Further Learned SPP argues whether it can
even occur to anyone that we must collect such-such things and plant

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
280

them at the flat so that it will look like the residing people were
planning a bomb blast. Learned SPP submits that if at all the materials
were planted, they would have been planted in such a manner that
would provide a concrete link furthering the case of the prosecution.
Irrelevant things would not have been planted. Further, Learned SPP
states that as the Panch witness has been examined, the theory of
planting is not tenable.

648. Further, Learned SPP states that no case is perfect. There is
always some or the other lack in the procedure. Little allegations such
as ATS officials did not visit Mira Road flat, the key maker was not
called, the panchanama was not recorded, the panch witnesses were not
with them, etc. will not go to the root of the matter of this stature.

649. Shri. Tajne (PW-161), in his deposition, stated that he was
interrogating A.13 along with ACP Tawde, PSI Kadam and staff on
09/10/2006. A.13 expressed his desire to make a voluntary disclosure.

650. PW-161 further states that, after reaching to his flat, A.13 took
them and the panchas to the bedroom and took out one rexine bag
(Art.279) that was kept below suitcase and other bags in the bedroom.
A.13 opened the zip of the rexine bag and took out one white plastic
bag (Art.284A). On examining the contents of the plastic bag, they
found white granules (Art.284) in it. It was weighing about 2.7 kgs.
They asked the accused about the granules, but he did not give any
reply. The smell of the granules was strong. They suspected them to be
explosive, hence they took out two samples of 10 gms each and put
them in small separate plastic pouches. Thereafter, A.13 took a blue

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
281

coloured plastic bag from the other side of the rexine bag. It was
containing 10 aluminium tubes to which wires were joined. On
examination, they found them to be electronic detonators. They
carefully kept those detonators in plastic bottles. PW-161 pasted labels
containing his signature and Panchas’ signature on the samples of the
granules and the plastic bottles containing detonators and sealed them.
The rexine bag was also seized.

651. PW-55 then narrated the story after reaching the flat of A.13. He
states that A.13 took them inside to a bedroom on the left side. An
attache and a rexine bag were in the room. The accused opened the
rexine bag and took out articles that were in a transparent bag. There
was white powder in the transparent bag. In the corner of the rexine
bag, there was a blue carry bag. From the carry bag, he produced 20
pieces of white wire, each about 5-6 inches long, two of which were
attached to an aluminum head that was about one and half inches long.
The powder was weighed and found to be 2.700 kgs. Two 10 gm
samples were taken from the powder in separate bags. The remaining
powder was packed in a khaki paper seal and their signatures taken.
The wires were wrapped in cotton, put in plastic bottle that was in the
kitchen, a label was pasted on it, and they were asked to sign. The
samples were in khaki papers, sealed, and their signature were put on
label. The rexine bag was ash colored, having chain, and the words
‘Hindustan ki Kasam’. PW-55 had seen the bag from inside.

652. PW-55 further states that they went back to the ATS office at
Kalachowki, that the officer told them that he would have to call the
dog squad for examining the articles that were seized. The packet of 10

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
282

gms. white powder was opened and it was placed before the dog, that
when the dog smelt it, it started barking, the dog squad police said that
the powder is explosive. The dog squad police lighted the powder
which caught fire and gave a bad odour and it was cracking, that the
remaining powder was kept in the packet and resealed.

653. PW-161, in cross examination, admits that there used to be a
station diary entry when seal was taken out. There is no such entry on
09/10/2006 about taking the seal outside. There is no entry about he
or his staff depositing the seal and sealing material at the Kalachowki
unit on that day. No separate seal movement register was maintained.

654. PW-150 Assistant IO, who was present for the recovery
panchanama of A.13, in cross examination, deposed that only one brass
seal was provided to the ATS and it was at Kalachowki. He personally
did not take the seal out of the office at any time. He had not seen
anyone taking out the seal from the office. He had not seen any one
bringing the seal at the spot when any panchanama was in progress.

655. From the cross examination of PW-161 and PW-150, it is
evident that there is no evidence brought on record by the prosecution
that at the time of seizure of bag having black oily lumps, granules and
detonators, lac seal was with PW-161. In these circumstances, the only
conclusion about the word ‘seal’ used in the panchnama can be drawn
as a seal by label affixed on the packets in which the articles were put in
and such label was signed by the panchas and PW-161.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
283

656. Moreover, it has come in the evidence that A.13 was taken from
Bhoiwada police station, whereas, admittedly the seal was available at
Kalachowki police station. No evidence is brought on record to show
that the seal was taken from Kalachowki while going for house search
of A.13.

657. PW-161, in his evidence, stated that lac seal was used while
sealing the packets of articles recovered from the house of A.13. The
FSL report also corroborates the same. However, as we have observed
that there is no evidence to carry seal to the house of A.13, the question
arises when such seal was put on the packets.

658. In the above referred backdrop it is also important to note here
that PW-164 was handed over a forwarding letter for FSL along with
the packets by PW-186 ACP Patil. The packets were not collected by
PW-164 from malkhana, which was at Kalachowki. There is nothing to
show that when the said packets which were handed over to PW-164,
were taken out from the malkhana and brought to Bhoiwada police
station. Thus, it is difficult to say that the articles were in proper
custody and in a tamper-proof condition.

659. In light of the above referred findings recorded and well settled
principles of law, no evidentiary value can be attached to the said
recovery of RDX from A.13.

660. As regards the recovery of printed circuit boards. It is pertinent
to note that there is a technical report of the circuit board recovered

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
284

from A.7 – Sajid. The report reads thus “the electronic circuit in exhibit
(4) contains Dual Tone Multi-Frequency (DTMF) receiver integrated
circuit (IC) MT8870DE along with mobile wire, power wire and other
components. These type of ICs are commonly used in the telephone
circuits. It converts DTMF (tone) signal into its equivalent Binary
Coded Decimal (BCD) code. A mobile phone or a specially built
receiver circuit must be used along with the electronic circuit in exhibit
(4) to provide the necessary trigger for the detonator. Any action in the
mobile phone like call form other phone (landline or mobile), alarm
feature of mobile phone… etc can trigger the detonator. Also most
mobile phones can be set to emit a special ring tone when a call comes
in from a specific phone number. The ringing of that tone can trigger
the detonator.”

661. However, the prosecution has not brought on record what type
of bombs were used in the present case. There is no evidence to show
that the above referred circuit board was required for type of bomb
used in the present case. Therefore, the recovery of circuit board will be
dealt with in the second category of recovery, i.e. recovery other than
the RDX, granules and detonators.

Recoveries Other Than RDX, Granules, & Detonators

662. The relevance of the recoveries other than RDX, granules,
detonators and circuit boards, and its evidentiary value will be dealt
with and considered at the end of the part relating to the confessional
statements.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
285

CONFESSION

Prior Approval To Invoke MCOCA

663. In this case, the prior approval was granted by Addl. C.P. Shri.
Jaiswal for invocation of provisions of MCOCA on a proposal of Shri.
Khandekar (PW-174).

664. It is the case of the prosecution that, Shri. Khandekar (PW-174)
was informed by Jaijeet Singh, Addl. C.P., ATS Mumbai, that, the DGP
has transferred the investigation of the bomb blasts to ATS and ordered
him to conduct the investigation of Crime No. 156 of 2006.

665. Then, PW-174 conducted the investigation parallel with
investigation in the other crimes. Thereupon, PI Agrawal and PI
Kadam received an information that Asif Khan Bashir Khan (A.13) is
an active member of SIMI and he is involved in the railway blasts.

666. PW-174 also got to know from his sources that Asif Khan (A.13)
had played a vital role in the Borivali Blast. He then passed on this
information to DCP Bajaj, who thereupon, directed PW-174 to gather
more information from his sources and other IOs and make a
comprehensive report about it.

667. Subsequently, PW-174 came to know that there were some cases
filed against A.13 at Jalgaon. He, therefore, asked ACP Tawde to collect
information about those cases. ACP Tawde, accordingly, deputed an
officer viz. PSI Padmakar Deore (PW-180) to collect the information
regarding whereabouts of A.13 and cases, if any, lodged against him.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
286

668. Whereupon, PW-180 along with PC Santosh Chorge went to
Jalgaon, where they went to the SP office and met the concerned
officers who were handling the cell of SIMI activists. There, they found
the photograph of A.13 in the record and the information that he was
the President of Jalgaon Unit of SIMI and there were two crimes
registered against him with MIDC Police Station, Jalgaon, namely, (1)
CR. No.178/1999 for the offences punishable under Sections 153-A(1)
of IPC read with section 34 of IPC, and (2) CR No.103/2001 for the
offences punishable under Section 153-A(1) of IPC read with Section 4
and 5 of the Explosive Substances Act, 1908 and Section 120-B of IPC,
investigated by Local Crime Branch, Jalgaon.

669. PSI Deore (PW-180) and PC Chorge collected the photocopies
of the FIR and other papers of both the crimes from the Police Station.
To obtain further information, they went to the CJM Court and
submitted an application seeking copies of the relevant papers of the
above referred crimes against A.13.

670. PSI Deore (PW-180) then called PW-174 on phone and
informed him the information he gathered, i.e., two crime numbers,
sections of the offences, the date of order of conviction, etc. PW-174,
thereupon, wrote down all the given information, upon which he
realized that A.13 had more than one offences registered against him
during the last 10 years.

671. PW-174 at the same time was also convinced that the A.1, A.2 &
A.4 were involved in the commission of the crime that he was
investigating.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
287

672. This information, according to PW-174, disclosed to him that
though SIMI was banned, it was operating as an illegal criminal
organization, i.e., an organized crime syndicate and the accused A.2,
A.4, and A.13 were continuing with the unlawful activities under that
syndicate and promoting insurgency and obtaining pecuniary gains.

673. PW-174, therefore, prepared a proposal for invocation of
provisions of MCOCA to the Crime No. 156/2006, which he was
investigating.

674. On 18/09/2006, PW-174 sent the proposal for prior approval to
DCP Naval Bajaj, ATS, Mumbai for onward submission. DCP Bajaj
forwarded the proposal to Additional CP/ DIG Moffusil Shri S.K.
Jaiswal.

675. Addl. CP Shri. Jaiswal granted prior approval on 24/09/2006 by
recording his satisfaction that A.4 and A.2 are the active members of an
organized crime syndicate/unlawful association, of which A.13 is a key
member and they had been indulging in continuing unlawful activities
which have been prohibited by the law for the time being in force. And
which are cognizable offences punishable with the imprisonment of
three years or more and have continually conspired for promoting
insurgency to overawe the Government by criminal force.

676. The defence has raised challenge to the prior approval on
numerous grounds. And after hearing both the parties, the following
points emerged, which need to be discussed and answered. The points
are namely: –

(1) Whether Shri. Jaiswal, who granted prior approval, had
jurisdiction to grant prior approval to invoke MCOCA?

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
288

(2) Whether there was proper proposal seeking the prior approval?

/ Whether relevant documents and material were available
before the sanctioning authority to reach a subjective
satisfaction?

(3) Whether the authority has applied its mind while granting
prior approval?

(4) Whether the fact that Shri. Jaiswal did not enter into the
witness box, invalidate the prior approval on the ground that
the same is not proved?

(5) PW-174 identified the signature of Shri. Jaiswal, whether such
identification of the signature will be sufficient to prove the
contents of prior approval?

(6) Whether a presumption under section 114 illustration (e) of
Indian Evidence Act that the official acts performed by the
public servants have been regularly performed will be
applicable to the prior approval in question?

(7) Whether the two chargesheets against A.13, which have been
relied upon for grant of prior approval, satisfy the pre-
requisites to constitute ‘continuing unlawful activity’?

677. Let us now proceed to deal with each of the points referred
herein above raised in respect of validity of prior approval.

Point no. 1: – Whether Shri. Jaiswal, who granted prior approval, had
jurisdiction to grant prior approval to invoke MCOCA?

678. It is argued that as Shri. Jaiswal was working as an Additional CP
Moffusil, and hence he did not have authority to grant prior approval
as all the seven blasts took place within Mumbai City and not within
his jurisdiction.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
289

679. The Station Diary Exh.2546 shows that, on 18/09/2006,
proposal for obtaining prior approval under Section 23(1)(a) of the
MCOCA to invoke the provisions of MCOCA to Borivali Railway
Police Station Crime No.156 of 2006 was submitted through DCP
(Mumbai), ATS to the Additional CP, ATS, Mumbai and the prior
approval was accorded by Additional CP, ATS, Moffusil. Thus, it is
submitted that Shri. Jaiswal had no jurisdiction to grant prior approval
in the present matter.

680. It is submitted that Shri. Jaiswal, being Addl. CP Moffusil,
granted prior approval for the Malegaon Blast Case within Nashik
district. It is submitted that a classification is created through separate
posts, and therefore, there are two separate posts, one is having
jurisdiction over Mumbai and another will have jurisdiction over rest of
the Maharashtra. It is stated that rank of ‘Addl. CP’ is equivalent to the
rank of ‘DIG’. It is submitted that Shri. Jaijeet Singh was Addl. CP, ATS
for Mumbai City, whereas, Shri. Jaiswal was Addl. CP, ATS for
Moffusil/ rest of Maharashtra. Therefore, Shri. Jaiswal had no authority
in this case to grant prior approval.

681. Learned SPP submits that the prior approval granted by Shri.
Jaiswal is under section 23(1)(a) of MCOCA wherein the expression
‘rank’ is used, which means a class or category which encompasses
multiple posts. It is, therefore, argued that since there is no dispute that
Shri. Jaiswal is of the rank of DIG, the arguments about the jurisdiction
of Shri. Jaiswal as made by the defence are contrary to the law and
liable to be rejected. To buttress his arguments, he has placed reliance
on Zakir Abdul Mirajkar v. State of Maharashtra, (2023) 20 SCC 408.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
290

682. PW-174 in his oral evidence states that there were two
Additional CPs in the ATS at that time. One was Jaijeet Singh, who had
the charge of Mumbai and one was Jaiswal who had the charge of
remaining Maharashtra.

683. The Government Order dated 8th July 2004 (Exh.1611) relates
to constitution of Anti-Terrorist Squad (ATS). By the said notification,
26 posts were created under the ATS. Two posts out of the same were
for Deputy Inspector General. One Deputy IG for Mumbai and
another for rest of Maharashtra/Moffusil.

684. PW-186 states that, for the sake of convenience, one Additional
CP was looking after the work of Mumbai and other was looking after
the work of Moffusil.

685. Admittedly, Shri. Jaiswal granted prior approval under section
23(1)(a) of MCOCA which says that no information of the commission
of an offence of organised crime, shall be recorded by a police officer
without the prior approval of the police officer not below the rank of
Deputy Inspector General of Police.

686. Thus, from the language of section 23(1)(a) of MCOCA, the
police officer who is competent to grant the prior approval shall not be
below the rank of Deputy Inspector General of Police. It is to be noted
that the expression used is ‘rank’. The Hon’ble Supreme Court of India
had an occasion to deal with the scope of the expression ‘rank’ in the
case of Zakir Abdul Mirajkar (supra). The Hon’ble Supreme Court of
India has held thus: –

“70. It is our view that the expression “rank” must be understood as
a class or category which encompasses multiple posts. The posts of
SP, Additional SP, and DCP all fall within the same rank as they
exercise similar functions and powers and operate within similar

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
291

spheres of authority. Every person within a particular rank will not
be of the same seniority. Officers of the same rank may have been in
service for a different number of years. At times, this may even bear
on the post to which they are appointed but their rank remains
undisturbed. A difference in the seniority of a particular officer is
not the same as a difference in their ranks. The insignia on officers’
uniforms denote, in this case, their seniority as well as their
designations.”

687. From the above referred exposition of law, it is evident that the
expression ‘rank’ must be understood as a class or category which
encompasses multiple posts. Every person within a particular rank
remains undisturbed while exercising similar functions and powers.
Thus, in absence of any dispute that Shri. Jaiswal was of the rank of
Deputy Inspector General of Police, we do not find any merit in the
argument that merely because he was not Addl. CP of Mumbai, but of
Mofussil, the prior approval will vitiate. PW-186 has rightly pointed
out that it is for the sake of convenience that one Addl. C.P. was
looking after the work of Mumbai and other of Mofussil. In the
circumstances, we reject the submission of the defence and it is held
that Shri. Jaiswal had authority to grant prior approval to invoke
MCOCA in the present matter.

Point No. 2 to 6

688. Before discussing points no. 2 to 6, it will be beneficial to
reiterate the law as regards prior approval. We have considered hosts of
authorities on this point, namely, Fuleshwar Gope ..vs.. Union of India ,
reported in 2024 SCC OnLine 2610, Central Bureau of
Investigation ..vs.. Ashok Kumar Agrawal , reported in (2014) 14 SCC
295, Prakash Singh Badal ..vs.. State of Punjab , reported in (2007) 1
SCC 1, State of Karnataka ..vs.. S. Subbegowda, reported in (2023)
SCC OnLine SC 911, Vijay Rajmohan ..vs.. Central Bureau of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:26 :::
292

Investigation, reported in (2023) 1 SCC 329, State of M.P. ..vs..
Harishankar Bhagwan Prasad Tripathi, reported in (2010) 8 SCC 655,
State of Punjab ..vs.. Mohd. Iqbal Bhatti , reported in (2009) 17 SCC
92, Mohd. Iqbal M. Shaikh ..vs.. State of Maharashtra , reported in
(1998) 4 SCC 494, State of Bihar ..vs.. P.P. Sharma , reported in 1992
Suppl. (1) SCC 222, Mansukhlal Vitthaldas Chauhan. ..vs.. State of
Gujarat, reported in (1997) 7 SCC 622. The principles which could be
culled out from the above referred authorities are as under: –

A) The validity of sanction, which decides the competence of the
Court trying the accused, is based on the process followed while
granting of sanction. The process of grant of sanction is not an idle
formality or acrimonious exercise, but a solemn and sacrosanct act.

Sanction is a weapon to ensure discouragement of frivolous and
vexatious prosecution and is a safeguard for the innocent but not a
shield for the guilty. Therefore, independence of the authority
granting approval/sanction is sine-qua-non, without which, it would
have lost its entire purpose.

B) Invalidity of sanction, where sanction order exists, can be
raised on diverse grounds like (1) non-availability of material before
the sanctioning authority or all the relevant material was not placed
before the authority, (2) the authority has not applied its mind to the
material placed before the Authority, (3) insufficiency of material,
(4) the order of sanction having been passed by an authority not
authorized or competent to grant such sanction, (5) bias of the
sanctioning authority. The list is only illustrative and not exhaustive.
C) The validity of the sanction would depend upon the material
placed before the Sanctioning Authority and the fact that all the
relevant facts, material and evidence have been considered by the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
293

Sanctioning Authority. Consideration implies application of mind.
The order of sanction must ex facie disclose that the Sanctioning
Authority had considered the material placed before it. It is desirable
that the facts should be referred to on the face of the sanction.
D) Where the sanction order does not speak for itself, and in case
the facts constituting the offence charged are not shown on the face
of the sanction, it shoulWhether there was proper proposal seeking
the prior approval? /d be proved by leading evidence that all the
particulars and facts were placed before the Sanctioning Authority
for due application of mind. In case the sanction speaks for itself,
then the satisfaction of the sanctioning authority is apparent by
reading the order.

E) So long as the sanction is by a Competent Authority and after
applying its mind to all materials and the same being reflected in the
order, the sanction would hold to be valid. When an order does not
so indicate, it would not render the order of approval or sanction to
be invalid unless the prosecution fails to adduce evidence aliunde of
the person who granted the sanction and that would be sufficient
compliance. The Court would then look into such evidence to arrive
at a conclusion as to whether application of mind was present or
absent.

F) In every individual case, the prosecution has to establish and
satisfy the Court by leading evidence that the entire relevant facts
had been placed before the Sanctioning Authority and the Authority
had applied its mind on the same and that the sanction had been
granted in accordance with law.

G) As regards the grant/non-grant of sanction, it is what sets in
motion, the machinery of strict laws, such as MCOCA or UAPA.
Given the severity of these laws and the nature of activities with

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
294

which they are associated, the effect that they have on the person
accused thereunder is not only within the realm of law, but also
drastically affects social and personal life. Therefore, the procedure
qua sanction provided in the legislation are meant to be followed
strictly, to the letter more so to the spirit. Even the slightest of
variation from the written word may render the proceedings arising
therefrom to be cast in doubt.

H) The stages of proceedings at which an accused could raise the
issue with regard to the validity of the sanction would be the stage
when the Court takes cognizance of the offence, the stage when the
charge is to be framed by the Court or at the stage when the trial is
complete, i.e., at the stage of final arguments in the trial. Such issue
could be raised before the Court in appeal, revision or confirmation.

689. In light of the above referred well settled law, we now proceed to
deal with each of the points referred herein above raised in respect of
validity of prior approval.

Point No. 2: – Whether there was proper proposal seeking the prior
approval? / Whether relevant documents and material were available
before the sanctioning authority to reach a subjective satisfaction?

690. Learned Sr. Counsel Nitya Ramakrishnan submitted that the
prior approval cursorily refers to pre-existing chargesheets against A.13
without even mentioning the crime numbers. Prior approval is said to
be based on ‘documents’. No documents have been listed, and there is
no record of any documents being sent apart from the proposal. As per
PW-174, apart from the 2.5 pages long proposal, no documents were
sent with the proposal. PW-174’s proposal was based only on a

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
295

telephonic conversation with PSI Deore (PW-180), who had gone to
investigate A.13’s antecedents at Jalgaon Police Station, and was made
without reading the chargesheets.

691. Learned Sr. Counsel Nitya Ramakrishnan further stated that
there is no case diary entry regarding PW-174 receiving copies of FIR,
order on charge, etc. or sending it forward to Addl. CP Jaiswal, though
he claims that he sent these documents ‘subsequently’. Moreover, as per
PSI Deore (PW-180), who had been tasked with obtaining the
chargesheets from Jalgaon, received copies of documents relating to
Crime No. 103/01 only on 29/09/2006, i.e. five days after the issuance
of prior approval and thus, these could not have been perused by Shri.
Jaiswal while issuing his order.

692. It is argued that, at the stage of grant of prior approval, the
material which was collected by the prosecution did not justify the
grant of prior approval.

693. On the other hand, learned SPP Shri. Thakare submits that
there is no format laid down for the manner in which the prior
approval has to be given. It is submitted that PW-174 PI Khandekar has
categorically deposed that, after sending the proposal, he has personally
discussed the material with Shri. Jaiswal giving details of the
information he received about the crimes pending against A.13. It is
argued that Shri. Jaiswal relied upon such information which was
procured through public servant.

694. It is further argued that the material taken into consideration by
Shri. Jaiswal is fortified by the record produced in evidence and it is not

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
296

contradicted. Therefore, even if physically, the certified copy of the
previous charge-sheet against A.13 was not before Shri. Jaiswal, it does
not vitiate his subjective satisfaction to grant prior approval.

695. In light of rival contentions on above referred point no. 2, it will
be appropriate to first refer to the letter of prior approval issued by Shri.
S.K.Jaiswal, DIG/Addl.C.P., ATS, Mumbai, which reads thus: –

“No.1490/Addl.C.P./ATS/2006
Office of the Dy. Inspector General of Police &
Addl. Commissioner of Police,
Anti Terrorism Squad, Mumbai.

Date: 24/09/2006

PRIOR APPROVAL

Reference: 1) Papers of investigation in Borivali Railway
Police Station, Mumbai C.R. No. 156/2006 U/secs. 302, 307,
326, 436, 427, 120 (B), 121 (A), 123, 124г/w 34 |PC r/w 3,
4, 5, 6, Indian Explosive Act, r/w 3 & 4 of Prevention of
Damage to the Public Property Act, r/w 150, 151, 152, 153,
154, of Indian Railways Act r/w 10 & 13 of UAPA Act

2) Report Dt. 18/09/2006, initiated by P.I., P.M. Khandekar,
the I.O. in above case & submitted by D.C.P., ATS, Mumbai.

I have perused the proposal submitted by Dy.

Commissioner of Police, ATS, Mumbai Shri Nawal Bajaj,
along with the documents sent up by the Investigating Officer
P.I., P.M. Khandekar in Borivali Railway Police Station,
Mumbai C. R. No. 156/2006 U/secs. 302, 307, 326, 436,
427, 120 (B), 121 (A), 123, 124г/w 34 IPC r/w 3, 4, 5; 6,
Indian Explosive Act, r/w 3 & 4 of Prevention of Damage to
the Public Property Act, r/w 150, 151, 152, 153, 154, of
Indian Railways Act r/w 10 & 13 of Unlawful Activities
(Prevention) Act, 1967, pertaining to acts of insurgency and
indulging in continuing unlawful activities consisting of
criminal acts designed to overawe the Government by
criminal force.

On going through the documents and report placed
before me I am satisfied that the persons namely Ehtesham
Qutubuddin Siddique (25) and Dr.Tanveer Ahmed

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
297

Mohammed Ibrahim Ansari (33) are the active members of an
Organised Crime Syndicate/Unlawful Association of which
one Asif Khan s/o Bashir Khan@ Junaid @ Abdullah is a key
member. The said Asif Khan @ Junaid as also his associates
namely Ehtesham Qutubuddin Siddique (25) and Dr.Tanveer
Ahmed Mohammed Ibrahim Ansari (33) have been indulging
in continuing unlawful activities, which have been prohibited
by the law for the time being in force and which are
cognizable offences punishable with the imprisonment of
three years or more and have continually conspired for
promoting insurgency to overawe the Government by
criminal force. The two charge sheets filed against said Asif
Khan s/o Bashir Khan @ Junaid @ Abdullah have been taken
cognizance by the Competent Court, as defined in section 2 of
Maharashtra Control of Organised Crime Act, 1999, as
reflected from the report submitted by the I.O.

From the evidence on record, I am also satisfied that,
there is sufficient evidence to prove continuous unlawful
activities of the Organised Crime Syndicate/Unlawful
Association and also that during the past ten years there have
been two cases registered against both Ehtesham Qutubuddin
Siddique and Dr. Tanveer Ahmed Mohammed Ibrahim
Ansari for indulging in criminal activity of similar nature,
prohibited by law for the time being in force and punishable
with – imprisonment of three years and more.

I am further satisfied that Mohd. Faisal Ataur Rahman
Shaikh (32) and Kamal Ahmed Mohd. Vakil Ansari (32) have
also abetted and knowingly facilitated the continuing
unlawful activities of the said Organised Crime
Syndicate/Unlawful Association by rendering financial and
other assistance and indulging in various acts preparatory to
commission of organised crime.

Therefore, I, S. K. Jaiswal, Deputy. Inspector General
of Police/Addl. Commr. of Police, Anti Terrorism Squad,
Mumbai, in exercise of the power vested in me under section
23 (1) (a) of the Maharashtra Control of Organised Crime
Act, 1999, hereby grant prior approval for recording
information about the commission of an offence and for
applying the provisions of section 3 (1) (i), 3 (2) & 3 (4) of
Maharashtra Control of Organised Crime Act, 1999, to
Borivali Railway Police Station, Mumbai C. R. No. 156/2006
U/secs. 302, 307, 326, 436, 427, 120 (B), 121 (A), 123 124
(А) r/w 34 IРС r/w 3, 4, 5, 6, Indian Explosive Act, r/w 3 & 4
of Prevention of Damage to the Public Property Act, r/w 150,
151, 152, 153, 154, of 10 Indian Railways Act r/w 10 & 13 of
Unlawful Activities (Prevention) Act; And in consonance with
section 23 (1) (b) I hereafter appoint Shri Sadashiv Laxman

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
298

Patil, Asstt. Commissioner of Police, Anti Terrorism Squad,
Mumbai, to investigate the case.

Asstt. Commissioner of Police Shri Sadashiv Laxman
Patil, should obtain previous sanction of the Commissioner of
Police, Mumbai, under the provisions of section 23 (2) of the
MCOC Act 1999 before submitting the charge sheet in the
case.

Given under my signature and seal
today i.e. on
Sd/- 24/9/2006
(S.K.JAISWAL)
Dy.Inspector General of Police/
Addl.Comissioner of Police,
Anti Terrorism Squad, Mumbai.”

696. On perusal of the prior approval, it is evident that it refers to

1)Papers of investigation in Borivali Railway Blast (CR No. 156/2006),
and 2)Report dated 18/09/2006, submitted by PI Khandekar (PW-

174).

697. It is important to note that, though PW-174, the author of the
report dated 18/09/2006, was examined and he referred to it in his
ocular evidence, the report was not produced on record by the
prosecution. No explanation or justification is provided by the
prosecution for not bringing the said document on record.

698. In the circumstances, it is difficult to ascertain the contents of
the report and the information, or material submitted along with it by
PW-174. In turn, it is further difficult to ascertain the material
considered by Shri. Jaiswal while granting the prior approval.

699. In this backdrop, a note of certain facts needs to be taken. The
bomb blasts took place on 11/07/2006. Whereas, the report for
invocation of provisions of MCOCA was submitted on 18/09/2006,
i.e. after more than two months of the incident.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
299

700. PW-174 deposed that there was no confession, recovery,
discovery from any accused, and no accused had been arrested and no
test identification parade had been conducted in his crime (Cr. No.
156/2006). He further states that there was no evidence in his crime
for sending chargesheet against any accused.

701. Thus, we can say that, even after the investigation for about 67
days, no evidence in his crime (CR. No. 156/2006) was found by PW-
174 worth sending chargesheet against any accused.

702. Thus, to find out what material could have been submitted by
PW-174 along with his report, we will have to consider, what was the
material available with PW-174 on 18/09/2006, i.e., on the date of
submission of the report.

703. It can be seen from the record that PW-174, after receiving the
information of involvement of A.13 – Asif in the Borivali Blast (CR.
No. 156/2006), forwarded it to DCP Bajaj, who directed him to gather
further information. Thereupon, ACP Tawde deputed PSI Padmakar
Deore (PW-180) to collect the information.

704. PW-180 deposed that in July 2006, he was attached to Azad
Maidan Police Station as a PSI and, as per the order of the
Commissioner of Police, he was then attached to the ATS. In the
middle of September, ACP Tawde asked him to take information of
Asif Khan Bashir Khan, SIMI Activist, resident of Jalgaon, as to his
whereabouts and whether there are any cases lodged against him at
Jalgaon. Accordingly, he, along with PC Santosh Chorge, went to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
300

Jalgaon immediately on the same day and reached Jalgaon the next
morning. They went to the SP Office and met the concerned officers
who were handling the cell of SIMI activists. There, they found the
name and photograph of A.13 – Asif in the record, and the information
that he was the President of the Jalgaon Unit of SIMI and that there
were two crimes registered against him with the MIDC Police Station,
Jalgaon, namely, 1) C.R. No. 178/1999 for the offence u/s 153A(1) of
IPC r/w section 34 of IPC, and 2) C.R. No. 103/2001 for the offences
u/s 153A(1) of the IPC r/w sections 4 & 5 of the Explosive Substances
Act and section 120B of the IPC.

705. The first crime had been investigated by the MIDC Police
Station, in which, RCC No. 219/2001 was registered in the Court, and
it was disposed off. The second crime was being investigated by the
LCB, Jalgaon in which, a chargesheet had been sent in the Sessions
Court. They collected the photocopies of the FIR and other papers of
both the crimes from the police station. To obtain further information,
they went to the CJM Court where they found that A.13 – Asif was
shown as a proclaimed offender in March 2002. Then, they moved an
application seeking copies of the relevant papers on the same day itself;
but they were told that the copies would be available in 2-3 days. PW-
180 then called PW-174 on phone and informed him about all the
information that he had gathered, i.e., the two crime numbers, sections
of the offences, date of proclamation, date of order of conviction, etc.
PW-174 wrote down all the given information.

706. The next day, PW-180 and PC Chorge tried to collect
information about A.13 – Asif by making a confidential inquiry in the
areas where the accused used to be. The next day, both of them went to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
301

the Sessions Court to verify the details of the second crime. The staff
told them that the files of that case have been sent to the High Court as
one of the convicted accused had filed an appeal.

707. Thereafter, both of them went to the CJM Court and collected
the certified true copies of the documents of which the application had
been given earlier. Upon receiving the certified copies, PSI Deore called
ACP Tawde and told him about the receipt of the certified copies. As
per the instructions of ACP Tawde, PSI Deore sent the documents with
PC Chorge to the ATS Office and asked him to hand over the
documents to ACP Tawde.

708. This is how PW-180 received the following six documents from
Jalgaon relating to the cases against A.13: –

(i) Roznama in RC No.219/2001 (CR 178/1999) (Exh.1506),

(ii) Charge framed in RC No.219/2001 (Exh.1507),

(iii) Judgment in RC No.219/2001 (Exh.1508),

(iv) FIR in CR No.178/1999 and Supplementary Charge-sheet
(Exh.1509),

(v) Charge framed in CR No.103/2001 (Exh.1510) and

(vi) FIR in CR No.103/2001 (Exh.1511).

709. Admittedly, PW-180 received the document no. (iii) on
21/09/2006, document nos. (i), (ii) and (v) on 22/09/2006 and
document nos. (iv) and (vi) on 29/09/2006.

710. PW-174, in his oral evidence, admits that he received these
documents only after 22/09/2006. He admits that documents no. (ii),

(iii), (v), & (vi) were received by him on 23/09/2006 or in the morning

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
302

of 24/09/2006. He further admits that document no. (iv) was received
by PW-180 on 29/09/2006.

711. Thus, without the slightest doubt, it is clear that on the date of
submission of report by PW-174, i.e. on 18/09/2006, none of the above
relevant and material documents was with PW-174. Therefore, there is
no question of these documents being a part of the report dated
18/09/2006.

712. PW-174 admits that he had not sent the charge-sheets with the
proposal and did not have copies when the report for prior approval
was sent. In cross-examination, he states that he sent these documents
subsequently to Shri. Jaiswal. However, he did not specify the date of
sending these documents to Shri. Jaiswal. Furthermore, no case diary
entries are produced in support of it.

713. Admittedly, there is no reference or mention about the receipt of
these documents by Shri. Jaiswal in the prior approval. Moreover, the
prior approval does not suggest, that, these documents were considered
and were made the basis for invocation of MCOCA. Hence, it can
safely be said that Shri. Jaiswal had no occasion to apply his mind to
these documents to reach to a subjective satisfaction required for grant
of prior approval.

714. PW-174 admits that only two previous cases at Jalgaon were
relied upon for invoking the provisions of the MCOCA. Thus, two
charge-sheets at Jalgaon were the only basis for showing continuous
unlawful activities. He further admits that rest of the cases, referred in
his evidence, were not considered for prior approval.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
303

715. From the above referred evidence and discussion, it is evident
that till the time the prior approval was granted, Shri. Jaiswal could not
peruse and consider the above referred two chargesheets. However, the
same were vaguely and without details, referred in the prior approval
and made basis to grant prior approval.

716. It is further evident from the evidence of PW-174 that, he
received the information of the said two chargesheets on telephone
from PW-180 and he forwarded the same orally to Shri. Jaiswal. Thus,
it can safely be said that, on the basis of telephonic information about
the two chargesheets, Shri. Jaiswal without looking into the documents
and without verifying its veracity, granted the prior approval for
invocation of MCOCA.

717. It is a settled law that the validity of sanction would depend
upon the material placed before the sanctioning authority and the fact
that all the relevant facts, material and evidence have been considered
by the sanctioning authority. In the circumstances, we have no
hesitation to hold that the relevant and material documents were not
supplied to Shri. Jaiswal before grant of prior approval by him.
Therefore, Shri. Jaiswal had no occasion to apply his mind to such
documents and material, including two chargesheets, which are made
basis for grant of prior approval.

Point No. 3: – Whether the authority has applied its mind while
granting prior approval?

718. Learned Sr. Counsel Nitya Ramakrishnan submits that Shri.
Jaiswal claims to have satisfied himself that two chargesheets were filed
against A.13. However, he does not even refer to the case numbers. The

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
304

prior approval order does not disclose that the necessary facts were
considered by Shri. Jaiswal. Nor has any other evidence been brought
to prove the same.

719. Learned Sr. Counsel Nitya Ramakrishnan further stated that the
only provision similar to S.23(1)(a) of MCOCA in Indian law, was
S.20A(1) of TADA. The Supreme Court has held that prior approval
under S.20A(1) of TADA, must be given only after proper application
of mind, which involves checking the veracity of allegations by
enquiring into the records relating to the same. In the absence of such
verification, the prior approval is neither proper nor valid, and
proceedings are vitiated. A reliance has been placed for this purpose on
the judgments of the Hon’ble Supreme Court in the case of
Anirudhsinhji Karansinhji Jadeja v. State of Gujarat reported in (1995)
5 SCC 302 and Ashrafkhan v. State of Gujarat reported in (2012) 11
SCC 606.

720. It is submitted that the relevant ingredients and conditions for
invocation of MCOCA did not exist when prior approval was granted.
And, from the contents of the letter of prior approval, it is evident that
no information is disclosed satisfying the relevant ingredients and
conditions for invoking the provisions of the MCOCA.

721. It is argued that in the prior approval, except the fact that seven
blasts have taken place, no details about the offences are given. Though
there is a use of term ‘organisation’, it does not disclose the basic
information of such organisation. The word ‘SIMI’ is not used in the
prior approval, which shows that Addl. CP Jaiswal had no knowledge
about which organisation is involved. Though the names of A.4 –

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
305

Ehtesham, A.2 – Tanveer, A.3 – Faisal, and A.1 – Kamal are mentioned
in the prior approval, the two charge-sheets against A.13 – Asif have
been relied upon for the purpose of grant of prior approval.

722. Learned SPP submits that, under Section 23(1)(a) of the
MCOCA, what is required to be seen is that the accused are
continuously indulging in the activities prohibited by law, which are
cognizable offences punishable with imprisonment of three years or
more and, in respect of which, more than one charge-sheet shall be filed
in the Court of competent jurisdiction within the preceding period of
ten years and, of which, Competent Court has taken cognizance. It is
submitted that, since the prior approval is based on the subjective
satisfaction, it cannot be tested by the objective circumstances.

723. We have already held at the time of grant of prior approval by
Shri. Jaiswal that, he was not supplied with relevant documents and
material which would require for subjective satisfaction. In the said
backdrop, let us examine whether the prior approval ex facie discloses
consideration of the relevant ingredients for invocation of provisions of
MCOCA. The prior approval was granted under Section 23 of
MCOCA.

724. Section 23 of MCOCA broadly deals with:

i) recording of information about the commission of an offence,

ii) investigation of an offence, and

iii) taking cognizance of an offence by the Special Court.

725. More specifically, Section 23(1)(a) speaks about recording of
information and mandates that no information about the commission

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
306

of an offence of organized crime under the Act shall be recorded by a
Police Officer without the prior approval of the Police Officer not
below the rank of Deputy Inspector General of Police.

726. Sub-Section 1(b) of Section 23 provides that no investigation of
an offence under the Act shall be carried out by a Police Officer below
the rank of the Deputy Superintendent of Police.

727. Sub-Section (2) of Section 23 talks about previous sanction to
take cognizance of offence by the Special Court and commands that no
Special Court shall take cognizance of any offence under the Act
without the previous sanction of the Police Officer not below the rank
of Additional Director General of Police.

728. At this stage, it would be beneficial to refer to the definitions of
‘organised crime’, ‘continuing unlawful activity’ and ‘organised crime
syndicate’.

729. ‘Organised Crime’, as referred in Section 23(1)(a) of the
MCOCA, is defined under Section 2(e) of the MCOCA and means,
any continuing unlawful activity by an individual, singly or jointly,
either as a member of an organised crime syndicate or on behalf of such
syndicate, by use of violence or threat of violence or intimidation or
coercion or other unlawful means, with the objective of gaining
pecuniary benefits, or gaining undue economic or other advantage for
himself or any other person or promoting insurgency.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
307

730. The definition of “Organised Crime” makes it clear that, to
constitute organised crime, following relevant ingredients and
conditions are necessary: –

i) Any continuing unlawful activity;

ii) by an individual, singly or jointly, either as a member of
organized crime syndicate or on behalf of such syndicate;

iii) by use of

(a) violence or

(b) threat of violence or

(c) intimidation or

(d) coercion or

(e) other unlawful means;

     iv) with the objective of
           (a)    gaining pecuniary benefits or
           (b)    gaining undue economic or
           (c)    other advantage for himself or any other person or
           (d) promoting insurgency.

731. From the above referred definition of organised crime it is
further evident that to constitute organised crime the foremost
condition is to have continuing unlawful activity by syndicate or on its
behalf, as specified in Section 2(e) of the MCOCA.

732. ‘Continuing unlawful activity’ is defined under Section 2(d) of
MCOC Act, which means an activity prohibited by law for the time
being in force, which is cognizable offence punishable with
imprisonment of three years or more, undertaken either singly or
jointly, as a member of an organised crime syndicate or on behalf of
such syndicate, in respect of which more than one charge-sheets have

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
308

been filed before a Competent Court within the preceding period of
ten years and that Court has taken cognizance of such offence.

733. Following are the relevant ingredients for constituting
“continuing unlawful activity”: –

(i) an activity prohibited by law for the time being in force;

(ii) which is cognizable offence punishable with imprisonment
of three years or more;

(iii) undertaken either singly or jointly as a member of an
organised crime syndicate or on behalf of such syndicate;

(iv) in respect of which more than one charge-sheets have been
filed before a Competent Court;

(v) within the preceding period of ten years; and

(vi) that Court has taken cognizance of such offence.

734. ‘Organised Crime Syndicate’ is defined under Section 2(f) of the
MCOC Act, which means a group of two or more persons who, acting
either singly or collectively, as a syndicate or gang indulged in activities
of organized crime.

735. The relevant ingredients of ‘organised crime syndicate’ thus are
as under: –

(i) a group of two or more persons

(ii) who acting either singly or collectively as a syndicate or
gang;

(iii) indulged in activities of organized crime.

736. It is thus, amply clear that while granting prior approval, under
Section 23(1)(a), the authority under Section 23(1)(a) of MCOCA

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
309

shall have to reach to a subjective satisfaction of existence of above
referred relevant ingredients or condition of ‘organised crime’.

737. Having perused the prior approval and on appreciating its
contents, following facts emerge from it, which are stated in the chart
given herein under.



                                  CHART NO. 36

Sr. Relevant ingredients required for         Contents of Prior Approval Letter
No.    invocation of MCOC Act

1. an activity prohibited by law for It is stated that accused Asif Khan as also
the time being in force; his associates viz. Ehtesham and Dr.
Tanveer have been indulging in
continuing unlawful activities, which have
been prohibited by law for the time being
in force.

(No details or information of any such
activity is given)

2. Such activity which is cognizable It stated that, accused Asif Khan,
offence punishable with Ehtesham and Dr. Tanveer have been
imprisonment of three years or indulging in continuing unlawful activity
more; which are cognizable offences punishable
with the imprisonment of three years or
more.

(No information disclosed of the FIR
Number, the offence for which such crime
was registered and the punishment
prescribed for such offence)

3. Such activity undertaken either It is stated that, accused Ehtesham and
singly or jointly as a member of an Dr. Tanveer are the active members of an
organised crime syndicate or on organised crime syndicate/ unlawful
behalf of such syndicate, which is association of which accused Asif Khan is
indulged in activities of organised a key member.

crime. (No details are given about the organised
crime syndicate, whether such activity was
undertaken either singly or jointly as a
member or on behalf of organised
syndicate.)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
310

4. with the objective of

(i) gaining pecuniary benefits or —

(ii) gaining undue economic or

—

     (iii) other advantage for himself or
     any other person or                                         --

     (iv) promoting insurgency.
                                            It is stated that, Asif Khan, Ehtesham and
                                            Dr. Tanveer have continually conspired
                                            for promoting insurgency to overawe the
                                            Government by criminal force.
                                            (No details or information satisfying such
                                            observation is reflected in the prior
                                            approval.)
5.   by use of
     (i) violence or                                             --

     (ii) threat of violence or                                  --

     (iii) intimidation or                                       --
                                                                 --
     (iv) coercion or
                                            By rendering financial and other
     (v) other unlawful means;              assistance and indulging in various acts
                                            preparing to commission of organised
                                            crime.
                                            (No supporting details are mentioned)

6. in respect of which more than one It is stated that two charge-sheets filed
charge-sheet have been filed and against accused Asif Khan have been
cognizance of such offence have taken cognizance by the Competent
been taken by a Competent Court; Court, as reflected from the report
submitted by the IO.

(No such report of the IO is placed on
record and proved. )

(No details are given about the said two
charge-sheets, including the name of the
Competent Court, the date on which the
cognizance was taken, the nature of
offence, the date on which the cognizance
was taken, etc.)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
311

7. within the preceding period of He states that he is satisfied that there is
ten years. sufficient evidence to prove continuous
unlawful activities of the organised crime
syndicate/ unlawful association and also
that during the past 10 years there have
been two cases registered against both
Ehtesham Qutubuddin Siddique and Dr.
Tanveer Ahmed Mohd. Ibrahim Ansari
for indulging in criminal activities of
similar nature…

(No dates of FIR, charge-sheet, or date of
taking cognizance is mentioned to say
that it is within the preceding period of
ten years.)

(It is to be noted that the two chargesheets
which are referred to satisfy this condition
are not of A.13 but are related to A.2 &
A.4. Whereas, it is the case of the
prosecution that they only relied upon the
chargesheets against A.13 for the purpose
of prior approval.

738. From the above referred comparative chart, it can be seen that,
except reproduction of relevant part of language of definitions of
‘organised crime’ and ‘continuing unlawful activity’, no necessary
details ex facie disclosing the satisfaction of requirement for invocation
of provisions of MCOCA, is provided.

739. Mere reproduction of some expressions, used in the definition of
‘organised crime’, ‘continuing unlawful activities’ or ‘organised crime
syndicate’ to show the compliance, cannot be said to be in tune with
the letter and spirit of the law relating to grant of approval for
invocation of the provisions of the MCOCA.

740. In the prior approval, Shri Jaiswal has stated that he perused the
proposal submitted by Deputy Commissioner of Police ATS, Mumbai

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
312

along with documents sent up by the I.O. Khandekar (PW-174) in
Borivali Railway Police Station CR No.156/2006. Then, he mentions
Sections relating to the offences under various Acts alleged to have
been committed. Then, he states that the said offences are pertaining to
acts of ‘insurgency’ and indulging in continuing unlawful activities
consisting of criminal acts designed to overawe the Government by
criminal force.

741. There is a distinction between act of ‘insurgency’ and act of
‘promoting insurgency’. The act of insurgency falls in List-I of Schedule
VII of the Constitution of India, i.e., in Union List. Whereas,
‘promoting insurgency’ comes under MCOCA which falls in List-III.
Because of the above referred distinction, for the act of insurgency,
MCOCA cannot be applied.

742. The Hon’ble Supreme Court of India, in the case of Zameer
Ahmed Latifur Rehman Sheikh v. State of Maharashtra (2010) 5 SCC
246, has held thus: –

“45…After examining this provision at length, we have come to the
conclusion that the definition of “organised crime” contained in
Section 2(1)(e) of Mcoca makes it clear that the phrase “promoting
insurgency” is used to denote a possible driving force for “organised
crime”. It is evident that Mcoca does not punish “insurgency” per se,
but punishes those who are guilty of running a crime organisation,
one of the motives of which may be the promotion of insurgency.

79. The concept of insurgency under Section 2(1)(e) of Mcoca, if
seen and understood in the context of the Act, is a grave disturbance
of the public order within the State. The disturbance of the public
order, in each and every case, cannot be said to be identical or
similar to the concepts of terrorist activity as contemplated
respectively under Section 2(1)(o) and Section 15 of UAPA.
Moreover, what is punishable under Mcoca is promoting insurgency
and not insurgency per se.”

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
313

743. It, therefore, can be said that Shri. Jaiswal has not applied his
mind to find out whether act of insurgency is covered under the
MCOCA.

744. Furthermore, the term ‘promoting insurgency’ and ‘overawe
government by criminal force’ have been used with reference to the two
previous chargesheets. However, no previous chargesheet is under
section 121A of IPC, or has anything to do with promoting insurgency.
‘Overawe government by criminal force’ is an offence punishable under
section 121A of IPC. There was no such offence charged against A.13.

745. It is a settled law that where the grant of sanction relates to the
strict laws such as MCOCA or UAPA, considering the severity of these
laws and the nature of activities with which they are associated, the
effect that they have on the accused thereunder is not only within the
realm of law but also drastically affects social and personal life.
Therefore, the procedure of sanction provided in the legislation are
meant to be followed strictly, to the letter, more so to the spirit. Even
the slightest of variation from the written word may render the
proceedings arising therefrom to be cast in doubt.

746. Having observed that Shri. Jaiswal, without applying his mind
to the pre-requisites to constitute ‘continuing unlawful activity’,
whether act of insurgency would be covered by the provisions of
MCOCA, and whether there was any offence registered against A.13
under section 121A of IPC, in most mechanical manner, by
reproducing the language of definition of ‘organised crime’ and
‘continuing unlawful activity’ given under MCOCA, without
application of mind and without subjective satisfaction, granted prior

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
314

approval. Thus, it vitiates on the ground of complete non-application
of mind.

Point no. 4: – Whether the fact that Shri. Jaiswal did not enter into the
witness box, invalidate the prior approval on the ground that the same
is not proved?

747. Learned Counsel Shri. Chaudhary vehemently argued that the
prosecution has not examined Shri. Jaiswal, who granted prior approval
under Section 23(1)(a) of the MCOCA. He further argues that a
document must be proved by examining the maker.

748. It is further argued that, before invocation of provisions of the
MCOCA, one of the safeguards provided to prevent abuse of powers by
the Police is to obtain prior approval of an officer not below the rank of
DIG. Therefore, to explain all the details in relation to relevant
ingredients and conditions of invocation of provisions of the MCOCA,
it was a bounden duty of the prosecution to examine Shri. Jaiswal,
which the prosecution failed to do. It is, therefore, submitted that in
absence of such evidence, it cannot be said that the prior approval is
proved.

749. It is further submitted that the prosecution has deliberately
prevented Shri. Jaiswal’s evidence from coming on record on a pretext
that he was not available, for the reason that it would have undermined
the prosecution’s case on most fundamental aspects viz. absence of
necessary preconditions for invocation of MCOCA and grant of prior
approval.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
315

750. It is submitted that the prosecution has examined six
sanctioning officers who have granted sanctions. It is pointed out that
PW-185 was examined as Sanctioning Officer under MCOCA, PW-
160 for UAPA, PW-149 for Waging War under the IPC, PW-165 for
Explosive Substances Act, Mumbai Suburban, PW-166 for Explosive
Substances Act for material recovered from A.13, and PW-26 under the
Explosive Substances Act for RDX seized from A.1. It is, therefore,
submitted that, except Shri. Jaiswal, all other sanctioning authorities
have been examined.

751. On the other hand, learned SPP argues that since prosecution
has examined PW-174, who had submitted proposal for grant of prior
approval, and PW-174 has also identified the signature of Shri. Jaiswal,
the prosecution has proved the document of prior approval. It is
submitted that PW-174 has deposed that he communicated the
necessary information to Shri. Jaiswal. PW-174, in his evidence,
brought on record, the information provided by him to Shri. Jaiswal.
Therefore, non-examination of Shri. Jaiswal will not affect the evidence
of prosecution in establishing or proving the prior approval.

752. It is amply clear that the prior approval ex facie does not disclose
satisfaction of necessary ingredients for invocation of provisions of
MCOCA. And once it is held so, in view of the well settled law, the
prosecution has to establish and satisfy the Court, by leading evidence,
that the entire relevant facts and particulars had been placed before the
sanctioning authority and the authority had applied its mind to the
same and that the sanction had been granted in accordance with the
law.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
316

753. It is further well settled principle of law that, when an order does
not indicate application of mind, it would not render the order of
approval or sanction to be invalid, unless, the prosecution fails to
adduce evidence aliunde of the person who granted the sanction and
that would be sufficient compliance.

754. In the present matter, admittedly, Shri. Jaiswal, who granted
prior approval, did not enter into the witness box to prove the prior
approval.

755. On 23/12/2011, when the defence applied to defer the cross-
examination of PW-174 till Shri. Jaiswal would be examined, it was
informed to the Court that he was travelling abroad and would not be
available for the next two months. Thus, on the ground of non-
availability of Shri. Jaiswal, he was not examined.

756. It is to be noted that, the record shows that the charge was
framed on 06/08/2007, and the evidence of the prosecution was closed
on 04/04/2012. The above referred dates show that after framing of the
charge, it took about five years for the prosecution to conclude its
evidence. Furthermore, the defence requested to examine Shri. Jaiswal
on 23/12/2011, and thereafter on 04/04/2012, i.e. after a period of
more than three months, the prosecution evidence was closed. As per
the reply given to the court on 23/12/2011, Mr. Jaiswal would not be
available for two months. Whereas, the evidence of prosecution was
closed much after the lapse of the said period of two months.

757. Even otherwise, the prosecution had ample time of five years to
examine Shri. Jaiswal. However, no justification has been offered for

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
317

not examining Shri. Jaiswal, particularly in the background that the
prior approval ex facie does not disclose necessary ingredients for
invocation of MCOCA and application of mind.

758. Whereas, the prosecution examined all other sanctioning
authorities. The prosecution has examined six sanctioning officers,
namely, PW-185 for the sanction under MCOCA, PW-160 under
UAPA, PW-149 under IPC for waging war, PW-165 under the
Explosive Substances Act (Mumbai Suburban), PW-166 under the
Explosive Substance Act, and PW-26 for prosecution under the
Explosive Substance Act for RDX from A.1.

759. In the circumstances, we are of the opinion that examination of
Shri. Jaiswal was necessary in this case to prove prior approval,
particularly in the backdrop of the facts, namely,
(1) PW-174 admits that, on the date of submission of proposal
dated 18/09/2006, the chargesheets (which were made basis
for invocation of MCOCA) were not with him,
(2) PW-174 admits that he received the relevant documents
between 23/09/2006 and 24/09/2006 and sent all the
documents to Shri. Jaiswal, subsequently,
(3) There is no case diary entry of sending documents subsequently
to Shri. Jaiswal, and
(4) There is no mention or consideration of such documents in the
prior approval.

760. Thus, Shri. Jaiswal could have established the fact of receiving
the documents after submission of report by PW-174 and before
issuance of prior approval, and that he considered the same to reach to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
318

a subjective satisfaction for invocation of MCOCA, by entering into the
witness box, but the prosecution has failed to do so.

761. In the circumstances, we are of the considered view that the
prosecution has failed to establish that Shri. Jaiswal received the
relevant documents, including the two charge-sheets against A.13,
before grant of prior approval, by not entering Shri. Jaiswal into the
witness box.

Point No. 5: – PW-174 identified the signature of Shri. Jaiswal, whether
such identification of the signature will be sufficient to prove the
contents of prior approval?

762. It is a settled law that in every individual case, where the order
granting prior approval ex facie does not disclose application of mind,
the prosecution has to establish and satisfy the court by leading
evidence that the entire relevant facts had been placed before the
sanctioning authority and the authority had applied its mind and the
sanction had been granted in accordance with law.

763. The prosecution, without any justifiable reason, failed to
examine Shri. Jaiswal. In the circumstances, the prosecution tried to
prove the prior approval by examining PW-174, who identified the
signature of Shri. Jaiswal.

764. It is argued by the defence that identifying the signature on the
document does not mean that its contents are proved. To substantiate
this argument, a reliance has been placed on the judgments of the
Hon’ble Supreme Court of India, in the case of Gangamma &

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
319

Others..vs.. Shivalingaiah, reported in (2005) 9 SCC 359 and
Harendra Rai ..vs.. State of Bihar and Others, reported in (2023) 13
SCC 563.

765. On the other hand, the learned SPP submits that PW-174
identified the signature and also gave all the necessary details about the
material placed before Shri. Jaiswal and also the information provided
to him during discussion before grant of prior approval. It is, therefore,
argued that the submission of the defence that the contents are not
proved is baseless and liable to be rejected.

766. The Hon’ble Supreme Court of India, in the case of Gangamma
(supra), has held thus:

“8. …We may furthermore notice that even if a formal
execution of a document is proved, the same by itself cannot
lead to a presumption that the recitals contained therein are
also correct. The mere execution of a document, in other
words, does not lead to the conclusion that the recitals made
therein are correct, and subject to the statutory provisions
contained in Sections 91 and 92 of the Evidence Act, it is open
to the parties to raise a plea contra thereto.”

767. The Hon’ble Supreme Court of India, in the case of Harendra
Rai (supra), has held thus:

“100. This Court in Narbada Devi Gupta v. Birendra Kumar
Jaiswal, in para 16 has held as follows: (SCC p. 751)
’16…. The legal position is not in dispute that mere
production and marking of a document as exhibit by the
court cannot be held to be a due proof of its contents. Its
execution has to be proved by admissible evidence that is by
the ‘evidence of those persons who can vouchsafe for the
truth of the facts in issue’

101. In this view of the matter, the marking of a piece of
evidence as “exhibit” at the stage of evidence in a trial
proceeding is only for the purpose of identification of evidence
adduced in the trial and for the convenience of the court and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
320

other stakeholders in order to get a clear picture of what is
being produced as evidence in a trial proceeding.”

768. The Hon’ble Supreme Court of India, in the case of Ramji
Dayawala & Sons (P) Ltd. Vs Invest Import reported in 1981 (1) SCC
80, has held that mere proof of the handwriting of a document would
not tantamount to proof of all the contents or the facts stated in the
document. If the truth of the facts stated in a document is in issue,
mere proof of the handwriting and execution of the document would
not furnish evidence of the truth of the facts or contents of the
document. The truth or otherwise of the facts or contents so stated
would have to be proved by admissible evidence, i.e., by the evidence
of those persons who can vouchsafe for the truth of facts in issue.

769. In a case Madholal Sindhu vs Asian Assurance Co. Ltd &
others, reported in AIR 1954 Bom 305, Justice Bhagwati has observed
that Section 67, Evidence Act only permitted the proof of the signature
or handwriting of the person signing or writing the document to be
given and considered it to be sufficient in those cases where the issue
between the parties was whether a document was signed or written
wholly or in part by that person. It did not go so far as to say that even
if it was proved that the signature or the handwriting of so much of the
document as was alleged to be in the handwriting of the person, was in
his handwriting, it would go to prove the contents of that document.

770. Similarly, in the case of Chandan Ramesh Chandra Choudhry
vs. State of MP 2009 SCCOnLine MP 676, the Division Bench of the
Madhya Pradesh High Court has observed in clear terms that, mere
marking of exhibit and proving signature of witness on inquest report,
its contents would not become admissible in evidence. Thus,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
321

identification of signature of Shri. Jaiswal by PW-174 is not sufficient to
hold that the contents of prior approval are duly proved.

771. From the above observations, it is evident that even if a formal
execution of a document is proved, the same by itself cannot lead to a
presumption that the recitals contained therein are also correct. Mere
execution of a document, in other words, does not lead to the
conclusion that the recitals made therein are correct. It is further
evident that the marking of piece of evidence as exhibit, at the stage of
evidence in a trial proceeding, is for the purpose of identification of
evidence adduced in the trial and for the convenience of the court and
other stakeholders in order to get a clear picture of what is being
produced as evidence in a trial proceeding.

772. In light of the above referred exposition of law, and having
found that why the examination of Shri. Jaiswal by the prosecution was
necessary in this case, merely identifying the signature of Shri. Jaiswal
by PW-174, in this case, will in no way prove the contents of the letter
of prior approval. Thus, it can safely be said that the contents of the
letter of prior approval are not proved by the prosecution.

Point no. 6: – Whether a presumption under section 114 illustration (e)
of Indian Evidence Act that the official acts performed by the public
servants have been regularly performed will be applicable to the prior
approval in question?

773. It is the case of the prosecution that Shri. Jaiswal relied upon the
information which was procured through one of the public servants
and that there is a presumption under illustration (e) to section 114 of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
322

Indian Evidence Act that the official acts performed by the public
servants have been regularly performed.

774. This argument cannot be accepted as the validity of the
sanction, which decides the competence of the court, is based on the
process followed while granting sanction, which is a solemn and
sacrosanct act. Its validity would depend upon the material placed
before the sanctioning authority. So, the requirement is to have all the
material before the sanctioning authority at the time of applying his
mind to reach to a subjective satisfaction. If certain relevant material
was not submitted to the authority while considering the proposal of
invocation of MCOCA, it would amount to non-application of mind to
such material. After grant of prior approval, production of such
material first time in the court to justify grant of approval, would make
the case of prosecution worse and strengthens the case of the defence
that the relevant material was not available with the authority at the
time of granting prior approval. Such case would squarely fall within
the ambit of expression ‘non-application of mind’.

775. In the circumstances, not producing the documents relevant for
grant of prior approval before the authority and producing it
subsequently on the record of the trial court will not establish validity
of the prior approval.

776. At this juncture, it is imperative to note that no justification is
provided by the prosecution for submitting the proposal/report for
invocation of provisions of MCOCA without waiting for few days to
receive the relevant material/documents, particularly when the
chargesheet was filed on 30/11/2006.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
323

777. It is argued by the learned SPP that there would be a
presumption under illustration (e) to Section 114 of the Indian
Evidence Act that Shri. Jaiswal has performed his official act while
granting prior approval, properly.

778. Illustration (e) to S.114 of Indian Evidence Act says that judicial
and official acts have been regularly performed. It is, thus, evident that
the presumption under the said provision is a discretionary one.

779. The division bench of Allahabad High Court in the case of
Swadeshi Cotton Mills Co. Ltd. Vs. State Industrial Tribunal, U.P. &
ors. reported in AIR 1956 All 689 and the Single Bench of Rajasthan
High Court in State vs. Bhanwar Lal Bansal reported in 1973 Cri L J
1749 have held that the illustration (e) to S.114 of IEA permits a
presumption to be drawn in the matter of procedure. This provision
does not permit a presumption to be drawn where the question does
not relate to the manner of doing an official or judicial act but goes to
the root of the validity of the order.

780. Here, the challenge is raised to the validity of prior approval
which goes to the root of the validity of the act and it does not relate to
a matter of procedure. In the circumstances, no presumption, as asked
to be drawn under illustration (e) to S.114 of the Indian Evidence Act,
can be drawn. Accordingly, the argument in this regard made by the
learned SPP cannot be accepted.

781. The above referred observations would lead us to only and
definite conclusion that the prior approval suffers from non-application
of mind.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
324

Point No. 7: – Whether the two chargesheets against A.13, which have
been relied upon for grant of prior approval, satisfy the pre-requisites to
constitute ‘continuing unlawful activity’?

782. Admittedly, the two chargesheets against A.13 for the offences
committed at Jalgaon, which have been relied upon for the purpose of
grant of prior approval, were under section 153A(1) of IPC.

783. The punishment for the offence punishable under Section
153A(1) of IPC is imprisonment which may extend to three years or
with fine or with both. Whereas, to constitute ‘continuing unlawful
activity’ the requirement is to have an activity prohibited by law for the
time being in force which is cognizable offence punishable with
imprisonment of three years or more.

784. It is argued by the defence that the requirement is that the
offence punishable with imprisonment of ‘three years or more’
indicates that the punishment of three years is the minimum
punishment. It is further pointed out that the punishment of three
years as prescribed for the offence punishable under section 153A(1) of
IPC is the maximum punishment. It is, therefore, argued that the
offence under section 153A(1) of IPC would not fulfill the requirement
as stated for the constitution of ‘continuing unlawful activity’. It is,
therefore, submitted that the prior approval vitiates.

785. On the other hand, learned SPP argues that section 153A(1) will
satisfy the condition of constituting ‘continuing unlawful activity’ as the
punishment of the offence under section 153A(1) of IPC is
imprisonment upto three years. It is submitted that the plain

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
325

interpretation of definition of ‘continuing unlawful activity’ is that the
imprisonment for three years is also included as it is separated by the
word ‘or’ and thereafter comes the word ‘more’. If the intention of the
legislature had been otherwise, the wording would have been
‘imprisonment of more than three years’. To substantiate his argument,
he has placed reliance upon Piyush Subhashbhai Ranipa vs. State of
Maharashtra reported in 2021 Cri LJ 2155 and Intelligence Officer,
Narcotics C. Bureau v. Sambhu Sonkar and Anr. reported in (2001) 2
SCC 562.

786. The MCOCA came to be enacted to make special provisions for
prevention and control of, and for coping with, criminal activity by
organised crime syndicate or gang, or for matters connected there with
or incidental thereto. Under MCOCA, stringent punishments are
prescribed for a person or gangs operating as a syndicate. At the same
time, MCOCA has also given more stringent powers to prosecuting
agencies, including to attach the property of an accused or any other
person possessing wealth on behalf of a member of an organised crime
syndicate.

787. The statement of objects and reasons of MCOCA states that
organised crime has for quite some years now come up as a very serious
threat to our society. It knows no national boundaries and is fuelled by
illegal wealth generated by contract killings, extortion, smuggling in
contrabands, illegal trade in narcotics, kidnapping for ransom,
collection of protection money, and money laundering, etc. The illegal
wealth and black money generated by the organised crime is very huge
and has serious adverse effects on our economy. It is seen that the
organised crime syndicates make a common cause with terrorist gangs

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
326

and foster narco-terrorism which extends beyond the national
boundaries.

788. It further makes it clear that the MCOCA was enacted on
finding that the existing legal frame, i.e., the penal and procedural laws
and the adjudicatory system were found to be rather inadequate to curb
or control the menace of organised crime.

789. The punishment under section 153A(1) of IPC is imprisonment
up to three years, means ‘three years’ is the maximum punishment.
Whereas, the requirement to constitute ‘continuing unlawful activity’ is
of having offence punishable with imprisonment with three years or
more, which indicates the offence must be of having minimum
punishment of three years.

790. Under the IPC, the punishments for the offences has been
provided under the benchmark of minimum and maximum
punishment as a yardstick between which the punishment could be
awarded. As far as minimum punishment is concerned, the court has
no discretion to exercise while imposing punishment, however, when
the question comes to impose punishment more than the minimum
punishment, the court has to consider certain factors and aspects. Such
factors would be gravity of offence, the offender’s criminal record,
whether the offender had shown remorse or co-operated with the
authorities, the potential of rehabilitation of the offender, manner of
commission of the crime, age and the sex of the accused, etc.

791. In the circumstances, we are of the considered view that the
offences for which the maximum punishment of three years is

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
327

prescribed, will not fall in the category of the offences punishable with
minimum punishment of three years, which is required to constitute
‘continuing unlawful activity’.

792. The prosecution has relied upon the judgment of the Single
Judge of this Court passed while deciding an anticipatory bail
application in the case of Piyush Subhashbhai Ranipa (supra), wherein
it is held thus: –

“8. First of these was a judgment of single Judge of this court passed
in the case of Ramrao Marotrao Budruk v. The State of Maharashtra
reported in 1994 SCC OnLine Bom 407. In that case the court was
deciding whether section 2 of the Prevention of Insults to National
Honour Act, 1971 makes offence under that Act; bailable or non
bailable. In that context, paragraph Nos. 3 and 8 of that Judgment
are important. Those two paragraphs are reproduced as follows:–

“3. Section 2 of the Prevention of Insults to National Honour
Act, 1971 (hereinafter referred to as ‘the Act’ for the sake of
bravity) runs thus:

“whoever in any public place or in any other place within public
view burns, mutilates, …. or otherwise brings into contempt
(whether by words, either spoken or written, or by acts) the
Indian National Flag or the Constitution of India or any part
thereof, shall be punished with imprisonment for a term which
may extend to three years, or with fine, or with both.
………

8. Section 2 of the Act empowers the Court to sentence an
accused upto 3 years and it is a maximum sentence but
permissible. Therefore, it makes no difference by the fact that the
imprisonment for such an offence can also be less than 3 years.
To put in figures, for an offence under section 2 of the Act, the
imprisonment for 2 years and 365 days can be inflicted or ever
less than that. As such, it would be an offence punishable with
imprisonment for 3 years which would make it as a non bailable
one. If the punishment is upto 2 years and 364 days it would be
an offence punishable with imprisonment for less than 3 years so
as to make it a bailable on under category No. 3 of the said
classification. If the offence therefore, falls within the corners of
category No. 2 of the said classification, an application under
section 438, Cr. P.C. for a relief anticipatory bail would be
maintainable as the offence would be a non bailable one. The
learned 2nd Additional Sessions Judge, therefore, committed an

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
328

error in treating the offence under section 2 of the Act as a
bailable one.

10. A Division Bench of this court also had an occasion to deal with
this issue in the case of Mahesh Shivram Puthran V The
Commissioner of Police, Thane, Dist. Thane and others; reported in
2011 SCC OnLine Bom 389. In that case the court was considering
whether offences under sections 43 and 52 of the M.R.T.P. Act,
1966 were cognizable or non cognizable…..

………..

In Paragraph 14 the Division Bench recorded it’s conclusion
thus:

‘As the maximum punishment provided in terms of Section 52 of
the Act, which has been applied to the case on hand, being up to
three years, at best, the second category of cases specified in Part II
of Schedule I would be attracted. It would necessarily follow that
the offence under Section 52 of the Act is a cognizable and non-
bailable offence.'”

793. The other judgment which the prosecution has relied upon, i.e.
Intelligence Officer, Narcotics C. Bureau (supra) also relates to bail in
the case of Narcotic Drugs and Psychotropic Substances Act. In the said
matter, the Hon’ble Supreme Court of India has held thus: –

“4. Learned Additional Solicitor General submitted that order
passed by the High Court is on the face of it against the statutory
mandate provided under Section 37. As against this, learned counsel
appearing for the respondents submitted that the interpretation
given by the High Court is justified, particularly because it affects
personal liberty of a citizen who is yet to be tried. For appreciating
the rival contentions we would refer to Sections 20 and 37 of the
said Act which read thus:

“20. Punishment for contravention in relation to cannabis plant
and cannabis.–Whoever, in contravention of any provision of
this Act or any rule or order made or condition of licence granted
thereunder,–

(a) cultivates any cannabis plant; or

(b) produces, manufactures, possesses, sells, purchases,
transports, imports inter-State, exports inter-State or uses
cannabis,
shall be punishable,–

(i) where such contravention relates to ganja or the cultivation
of cannabis plant, with rigorous imprisonment for a term

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
329

which may extend to five years and shall also be liable to fine
which may extend to fifty thousand rupees;

(ii) where such contravention relates to cannabis other than
ganja, with rigorous imprisonment for a term which shall not
be less than ten years but which may extend to twenty years
and shall also be liable to fine which shall not be less than one
lakh rupees and which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the
judgment, impose a fine exceeding two lakh rupees.
***

37. Offences to be cognizable and non-bailable.–(1)
Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974),–

(a) every offence punishable under this Act shall be
cognizable;

(b) no person accused of an offence punishable for a term of
imprisonment of five years or more under this Act
shall be released on bail or on his own bond unless–

(i) the Public Prosecutor has been given an opportunity to
oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the
court is satisfied that there are reasonable grounds for
believing that he is not guilty of such offence and that he is
not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b)
of sub-section (1) are in addition to the limitations under the
Code of Criminal Procedure, 1973 (2 of 1974), or any other
law for the time being in force on granting of bail.”

5. The scheme of Section 37 reveals that the exercise of the power to
grant bail by the Special Judge is not only subject to the
limitations contained under Section 439 CrPC, but is also subject
to the limitation placed by Section 37 which commences with
non obstante clause. The operative part of the said section is in
negative in prescribing (sic proscribing) the enlargement on bail
of any person accused of commission of an offence under the Act
unless two conditions are satisfied. The first condition is that the
prosecution must be given an opportunity to oppose the
application and the second is that the court must be satisfied that
there are reasonable grounds for believing that he is not guilty of
such offence. If either of these two conditions is not satisfied, the
ban for granting bail operates. As per the mandate of Section 37,
no person accused of an offence punishable for a term of
imprisonment of 5 years or more under the Act can be released
on bail unless the conditions mentioned in sub-clauses (i) and (ii)
of clause (b) are satisfied. Precondition for application of clause

(b) would be that the offence is punishable for a term of
imprisonment of 5 years or more. Plain reading of the above said

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
330

clause makes it clear that in case where the person is accused of
an offence punishable for a term of imprisonment of 5 years then
he cannot be released unless the conditions mentioned therein
are satisfied. In case of offence punishable under Section 20(b)(i),
maximum punishment is for a term of imprisonment of 5 years
and a fine which may extend to Rs 50,000. There is no justifiable
reason to hold that maximum term of imprisonment is to be
excluded for the purpose of interpretation and Section 37 would
not cover in its fold offence punishable under Section 20(b)(i).

6. Further, even if we consider the legislative intent in context of
other provisions which provide for punishment it would be clear
that Section 37 would cover in its fold the offence punishable
under Section 20(b)(i). Provisions empowering the court to
impose punishment can be divided into four parts, namely, (i)
less than five years, (ii) up to five years, (iii) more than five years,
and (iv) providing death penalty. Sections 26, 27 and 32 provide
for imprisonment for a term which may be less than five years.
Section 25(a) provides that the imprisonment may extend up to
ten years. Other sections, namely, Sections 15, 16, 17, 18, 19,
20(b)(ii), 21, 22, 23, 24 and 25 provide that punishment shall
not be “for a term less than ten years”. Except Section 20(b)(i),
there is no provision which prescribes that imprisonment may
extend to five years. For the offence punishable under the said
section, in appropriate cases, the court may impose maximum
punishment of five years. Therefore, there is no reason to exclude
the said clause from the operation of Section 37.”

794. In the case of Piyush Ranipa (supra), the Single Bench of this
Court held that offences punishable with the imprisonment of three
years as maximum punishment is to be considered as non-bailable one.
In the case of Intelligence Officer (supra), the Hon’ble Supreme Court
of India held that for the reason that there is no justifiable reason to
hold that the maximum term of imprisonment is to be excluded for the
purpose of interpretation under section 37 would not cover in its fold
offence punishable under section 20(b)(i) of NDPS.

795. We have already observed the object and purpose of enacting
the MCOCA. Further, considering that the grant/non-grant of sanction
is what sets in motion the machinery of strict laws such as MCOCA,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
331

and the severity of this law and the nature of activities with which it is
associated and the effect that it has on the person accused thereunder,
construing the definition of ‘continuing unlawful activity’ in a way to
bring the offences with maximum punishment of three years into the
ambit of offences intended to constitute ‘continuing unlawful activity’
i.e., offences with minimum punishment of three years, will be contrary
to the intention of the legislature and purpose of enacting the
MCOCA. We shall not go beyond the purpose sought to be achieved.

796. However, the Hon’ble Supreme Court of India, while dealing
with a case under MCOCA in the case of State (NCT of Delhi) v.
Brijesh Singh (2017) 10 SCC 779, has categorically held in Para 33 that
only an unlawful activity which is cognizable offence punishable with
minimum sentence of three years or more would be a ‘continuing
unlawful activity’ under section 2(1)(d) of the Act.

797. In the circumstances, the argument made by the learned SPP
that if the intention of the legislature had been otherwise, the wordings
of definition of ‘continuing unlawful activity’ would have been
‘imprisonment of more than three years’ cannot be accepted.

798. In the circumstances, since both the chargesheets against A.13,
which were filed and relied upon for the purpose of prior approval, are
for the offence punishable under Section 153A(1) of IPC, under which,
the punishment prescribed is upto three years, which is the maximum
punishment and not the minimum punishment, the chargesheets in
C.R. No. 178/1999 and CR. No. 103/2001 registered against A.13 at
Jalgaon, cannot be relied upon and taken into account to constitute
‘continuing unlawful activity’. Hence, on this count also, the prior
approval goes.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
332

CONFESSIONAL STATEMENTS

799. In the matter at hand, total 11 accused allegedly gave their
confessional statements under section 18 of MCOCA. Total seven
DCPs recorded these confessional statements. The confessions recorded
by these DCPs are to be equated with a confession recorded by a
Judicial Magistrate under section 164 of Cr.PC. Therefore, no breach of
procedure, safeguards and accepted norms of recording a confession,
can be entertained to avoid any hyper criticism that the authority has
obtained an invented confession as a source of proof, irrespective of the
truth and credibility.

800. These confessional statements were recorded between the period
04/10/2006 to 25/10/2006. A challenge is raised to the veracity of each
of the confessional statements on the point of the non-adherence to
procedural safeguards and accepted norms to be followed by the DCPs.
If the challenge is considered in totality, the following topics emerge to
delve upon, which can be set out as under: –

I) Identical Part-I and Part-II of the confessional statements.
II) Variations in mentioning the names of A.4 and A.9 in
correspondence made by DCPs and Part-I and Part-II of the
confessional statements.

III) Absence of certificates under Sub-rule 6 of Rule 3 of the
MCOC Rules at the bottom of the confessional statements of
A.1, A.3 and A.10.

IV) Though certificates are appended at the bottom of the
confessional statements of A.2, A.4, A.5, A.6, A.7, A.9, A.11, &
A.12, they do not serve the purpose as contemplated under
Sub-rule 6 of Rule 3 of the MCOC Rules.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
333

V) Not making the accused aware about the right to have
legal/lawyer’s services.

VI) No enquiry made by the DCPs of the reason why the accused
wanted to confess.

VII) Sufficient cooling off period was not given to the accused.
VIII) The concerned DCPs did not look into the medical reports of
the accused concerned, before recording their confessional
statements.

801. We will deal with each of the above referred aspects in the same
sequence.

I) Indistinguishable And Identical Part-I And Part-II Of The
Confessional Statements

802. It is argued by the defence that in Part-I and Part-II of the
confessional statements of the accused, identical words and sentences
can be found. In some of the Part-I and Part-II, the question and
answers are same and identical, as if the same have been copied. It is
argued that, during cross-examination, full opportunity was given to
the concerned DCPs to provide an explanation to the same. They have
denied having received any questionnaire or proforma for recording
Part-I and Part-II of the confessions. It is, thus, argued that it creates
doubt about fairness of the procedure followed by all the DCPs while
recording the confessional statements of the accused and there is every
possibility that already typed Part-I and Part-II were provided to the
DCPs along with the confessional statements and they only signed the
same.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
334

803. Learned Sr. Counsel Shri. Muralidhar submits that there are
several similarities between confessions. The portion that precedes the
questions in Part I of the confessions of the A.3, A.4, A.5, A.6, A.9,
A.10 and A.12, are exactly the same with only the names of officers and
the accused changed. Additionally, each paragraph is beginning and
ending in the same manner. The questions asked to ascertain
voluntariness are the same across DCPs containing the same phrases
and words. Paragraphs 2 and 3 in the beginning of Part-II of the
confessions, containing questions to be asked to the accused persons,
match word to word across the confessions of A.3 to A.7 and A.9 to
A.12.

804. Further, Learned Sr. Counsel stated that the questions asked for
A.3, A.5, A.7, A.9, A.10 are exactly the same in the same sequence.
Further, A.2 has exactly the same first 7 questions, while A.12 has 8. It
is impossible that there is such similarity across DCPs with respect to
the questions that were asked. In case of A.4 as well, the questions are
similarly worded and only the sequence of questions has been changed
and all confessions make the same mistake in terms of the working of
the certificate.

805. Learned Sr. Counsel Shri. Muralidhar submits that the DCPs
have to contemporaneously record the confession proceedings, because
at some later point in time, some court is going to review it. It is not
enough that the DCPs are satisfied. Otherwise a DCP may not record
anything and claim that he was satisfied. The court will not accept it.
Because the court will peruse the record. That record should speak for
itself.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
335

806. On the other hand, Learned SPP submits that the doubt
expressed by the defence about fairness of the procedure followed by
the concerned DCPs while recording confessional statements of the
accused, and further possibility of copying Part-I and Part-II or it was
already provided and the concerned DCP merely signed it, is baseless
and has no substance in the same.

807. The Hon’ble Supreme Court of India, in the case of Kartar
Singh vs. State of Punjab, reported in (1994) 3 SCC 569, while dealing
with legal position vesting authority on higher police officer to record
the confession, has held thus: –

“254. In view of the legal position vesting authority on
higher police officer to record the confession hitherto
enjoyed by the judicial officer in the normal procedure, we
state that there should be no breach of procedure and the
accepted norms of recording the confession which should
reflect only the true and voluntary statement and there
should be no room for hyper criticism that the authority
has obtained an invented confession as a source of proof
irrespective of the truth and creditability as it could be
ironically put that when a Judge remarked, “Am I not to
hear the truth”, the prosecution giving a startling answer,
“No, Your Lordship is to hear only the evidence.”

808. The Hon’ble Supreme Court of India, in the case of Raja Alias
Ayyappan.vs.. State of Tamil Nadu, reported in (2020) 5 SCC 118, has
held thus: –

“22. It is also necessary to state here that the confession
recorded by the police officer is undoubtedly equated to a
confession recorded by a Judicial Magistrate under Section
164 Cr.P.C. Thus, the said confession is a substantive piece
of evidence. Therefore, all the safeguards which are to be
followed by a Magistrate should have been followed by the
police officer also. It is wellsettled that the satisfaction
arrived at by the Magistrate under Section 164 Cr.P.C. is, if
doubtful, then, the entire confession should be rejected.”

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:27 :::
336

809. In the teeth of the above referred well settled principles of law,
we will advert to the facts of the present case.

810. It can be seen from the record that before and after recording of
confessional statements of the accused, each DCP has prepared eight
different documents, including Part-I and Part-II, relating to
confession. The documents are as follows: –

i) DCP’s letter to the IO for production of accused for recording
confessional statement.

ii) DCP’s letter to the IO informing him of having taken the
custody of the concerned accused.

    iii)    Part-I of the confession.
    iv)     DCP's letter to the local police station after the conclusion of

Part-I to keep the accused in lock up of local police station.

    v)      Part-II of the confession.
    vi)     DCP's letter to the CMM for production of accused whose

confessional statement has been recorded u/s 18 MCOCA.

vii) DCP’s letter to the local police station for production of the
accused before Learned CMM.

viii) DCP’s letter to the I.O informing the transfer of custody of the
accused to ATS.

811. The argument made by the defence, in short, is that, in Part-I
and Part-II of the confessional statements of the accused, identical
words and sentences can be found, including questions and answers, as
if they have been copied.

812. On perusal of the record of the confessional statements of all the
accused, admittedly, in all eight documents were prepared by concerned

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
337

DCPs relating to each accused. Therein, we noticed variation in
mentioning of offences. Similarly, we found that Part-I of A.3, A.5, and
A.10 are identical, including questions and answers. As regards A.4,
A.6, A.9, & A.12, the preceding part of questions and answers are
identical verbatim. Then, we noticed missing of stamp of DCP at the
bottom of Part-I of the statements of A.3 and A.10, even though there
is a mention that it bears the office stamp. We noticed similarity in
questions and answers in Part-II of A.3 and A.5 and also similarity in
putting dots in the subject of the letter correspondence made between
DCPs and Chief I.O. Shri. Sadahiv Patil. Thus, we will deal with each
of this topic separately herein under.

In All The Eight Documents Prepared By Concerned DCPs Relating
To Each Accused, There Is A Variation In Mentioning Of Offences.

813. It is to be noted that all the FIRs, except Cr. No. 41/2006,
relating to Andheri Railway Police Station, contains section 34 of IPC.
However, on perusal of the above referred eight documents prepared by
the concerned DCP, in each case, before or after recording of
confessions of A.1 to A.4 and A.9 to A.11, between 03 rd and 07th
October 2006, except Part-I and Part-II of the confessional statements,
all the other six documents contain section 34 of IPC. However, Part-I
and Part-II of the confessional statements do not contain section 34 of
the IPC. Similarly, there is no mention of sections 3 & 4 of the
Prevention of Damage to Public Property Act in all the eight
documents in relation to A.1 to A.4 and A9 to A.11. Whereas, it is
mentioned in respect of the other accused.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
338

814. At the same time, in the Part-I and Part-II of the confessional
statements of A.5 to A.7, and A.12, which were recorded on
24/10/2006 and 25/10/2006, as well as in all remaining six documents,
there is no mention of section 34 of IPC.

815. The prosecution has failed to provide any explanation for not
having mentioned section 34 of IPC in Part-I and Part-II. Whereas, it is
there in all the other six documents relating to accused A.1 to A.4 and
A.9 to A.11, and further, in all the eight documents, including Part-I
and Part-II of the accused A.5 to A.7 and A.12.

816. In this case, there are seven DCPs who recorded the confessional
statements of eleven accused persons. The above referred discrepancy
in two sets of confessional statements, one set consisting of A.1 to A.4
and A.9 to A.11, and second set of confession of A.5 to A.7, and A.12
give rise to a suspicion whether it is inadvertent, coincidence, or as
argued by Learned Counsel Shri. Chaudhary, that the above referred 8
documents were not made by the DCPs but were made by different
people at different time.

Part-I Of A.3, A.5, And A.10 Are Identical, Including Question And
Answers, Whereas, As Regards A.4, A.6, A.9, & A.12, The Preceding
Parts Of Question And Answers Are Identical Verbatim.

The confessional statement of A.3 was recorded by DCP Brijesh Singh
(PW-117), A.5’s by DCP Phadtare (PW-93), and A.10’s by DCP
Dumbre (PW-118). Thus, it is evident that all the aforesaid three
confessional statements were recorded by three different DCPs. But, on
comparison of Part-I of the confessional statements of A.3, A.5, and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
339

A.10, it will be revealed that there is not only similarity in them but
they are identical. The comparative chart given herein under will make
the things further clear.


                                          CHART NO. 37

 A.3 - Mohd. Faisal Ataur           A.5 - Mohd. Majid Mohd.                A.10 - Suhail Mehmood
      Rehman Shaikh                           Shafi                                 Shaikh
(recorded by PW-117 DCP             (recorded by PW-93 DCP               (recorded by PW-118 DCP
       Brijesh Singh)                     D.M.Phadtare)                      Ashutosh Dumbre)
        (Exh.1057)                          (Exh.934)                             (Exh.1246)
2. The accused Faisal Ataur         1. The accused Mohammad
                                                                         1. The accused Shaikh Suhail
Rahman Shaikh @ Mustafa             Majid Mohammad Shafi Ansari,
                                                                         Mehmood Age 38 yrs, occ
@Amin @Samir aged 32, Occ:          Age 28 yrs. occ-Bussiness, Raja
                                                                         darner. Address:- 1538, street

Nil, Res/o 24, Lucky Villa, Perry Foot Wear, Add- 17/2, H/6,
no. 16, central street, Bhimpura
Cross Road, Bandra (West), Canal west Road Near Narkel
camp. pune-1 has been arrested
Mumbai, has been arrested by Danga Police Station Kolkata –

by Anti Terrorist Squad,
Anti Terrorism Squad, Mumbai 9, has been arrested in A.T.S.
Mumbai in Borivali Railway
in Borivali Railway Police Pst. CR. No. 05/06, u/s 3(1)(i).

Police Station CR. No. 156/06,
Station CR.No. 156/06 U/secs. 3(2), 3(4) of MCOC Act, 1999
u/secs. 3(1)(i), 3(2), 3(4) of
U/s. 3 (1) (i), 3 (2), 3 (4) of r/w secs. 10 & 13 of UA (P) Act
MCOC Act, 1999 r/w secs. 10 &
MCOC Act 1999 r/w secs. 10 & r/w secs. 302, 307, 326, 325,
13 of UA (P) Act r/w sec 6, 9(b)
13 U.A. (P) Act, r/w secs. 302, 324, 427, 436, 121-A, 123, 124-
of the Indian Explosive Act, r/w
307, 326, 325, 324, 427, 436, A, 120-B IPC r/w secs. 6, 9(b)
sec 3, 4, 5 Explosives Substances
121-A, 123, 124-A, 120-B IPC, Indian Explosive Act, r/w secs.

Act, r/w secs. 302, 307, 326,
r/w Sec. 6, 9 (b) Indian 3, 4, 5 Explosives Substances
325, 324, 427, 436, 121-A, 123,
Explosives Act, r/w Sec. 3, 4, 5 Act, r/w secs. 3 & 4 of
124-A 120-B of the IPC r/w
Explosives Substances Act, r/w Prevention of Damage to Public
secs. 151, 152, 153, 154 of the
151, 152, 153, 154 Indian Property Act, r/w 151, 152, 153,
Indian Railway Act was
Railways Act. was produced in 154 Indian Railway Act was
produced before me by PI
veil before me by PI Sunil produced before me by API
Deshmukh attached to the Anti
Deshmikh attached to Anti Alaknure, attached to the Anti
Terrorism Squad, Mumbai today
Terrorism Squad, Mumbai, Terrorism Squad, Mumbai today
at 12:10 hrs. on 05/10/2006, at
today i.e. on 03/10/2006 at i.e. on 24/10/2006 at 1030 hrs.,
my office to record the
11.00 hrs, at my office to record at my office to record the
confessional statement of said
the confessional statement of confessional statement of said
accused as per the provision laid
said accused as per the accused as per the provisions laid
down in sec. 18 (1) of MCOC
provisions laid down in sec. 18 down in sec. 18 (1) of MCOC
Act 1999.

(1) of M.C.O.C. Act. 1999. Act 1999.

3. I have ascertained the facts 2. I have ascertained the facts 2. I have ascertained the facts
that the above mentioned that the above mentioned that the above mentioned
offence was committed in the offence was committed in the offence was committed in the
jurisdiction of the Maharashtra jurisdiction of Maharashtra State jurisdiction of the Maharashtra
State limits i.e. on 11/07/2006. limits i.e. on 11/07/2006. State limits on 11/07/2006.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
340

4.The accused was taken in my 3. The accused was taken in my 3. The accused was taken in my
personal custody and PI Sunil personal custody and API personal custody and PI
Deshmukh and staff of ATS Alaknure and staff of ATS were Deshmukh and staff of the ATS
were asked to go out of my room asked to go out of my room and were asked to go out of my room
and there were no police officers there were no police officers or and there were no police officers
or police men present anywhere, police men present anywhere, or/and men present anywhere
from where the proceedings of from where the proceedings of from where the proceedings of
recording the confession could recording the confession could recording the confession could
be seen or heard. I asked him to be seen or heard. I asked him to be seen or heard. I asked him to
remove the veil which he did. remove the veil which he did. remove the veil which he did.

1. The accused was informed 4. The accused was informed 4. The accused was informed
that he is no longer in the that he is no longer in the that he is no longer in the
custody of Anti Terrorism custody of Anti Terrorism custody of Anti Terrorism
Squad, Mumbai and was asked Squad, Mumbai and was asked Squad, Mumbai and was asked
the following questions to which the following questions to which the following questions to which
he replied in Hindi and the same he replied in Hindi and the same he replied in Hindi and the same
are recorded below in Hindi. are recorded by me in Hindi. are recorded below in Hindi.

Q.1 सवाल- में पोलीस उप आयुक्त्त Q.1 सवाल- में पोलीस उप आयुक्त्त Q.1 सवाल- में पोलीस उपायुक्त्त याने
यानी डी.सी.पी. हूँ, क्या तुम जानते हो? यानी डी.सी.पी. हूँ, क्या तुम जानते हो? डी.सी.पी. हूँ, क्या तुम जानते हो?
जबाब: – हाँ, मैं जानता हूँ । जबाब: – हाँ, मैं जानता हूँ । जबाब: – हाँ, मैं जानता हूँ ।

Q.2 सवाल :- तुम्हारा नाम क्या है
Q.2 सवाल :- तुम्हारा नाम क्या है और क्या करते हो? Q.2 सवाल :- तुम्हारा नाम क्या है
और क्या करते हो? जबाब:- मेरा नाम मोहम्मद माजीद और क्या करते हो?
जबाब :- मेरा नाम मोहंमद फैसल मोहम्मद अन्सारी है मेरी उम्र २८ साल जबाब :- मेरा नाम सुहेल महेमुद र्शीेख,
अताउर रहेमान र्शीेख उफ* मुस्तफा उफ* है. मई ७३ ड़ॉ एम एम चेटज सरानी उमर 38 साल , धंदा – कपडे को रफू
अमिमन उफ* समीर है, मेरी उमर ३२ राजा बाजार कोलकत्ता – ९ यह पर करने का. में 1536, गल्ली न. 16. सेंट्रल
साल है। मै २४ लकी व्हि1हला कांत वाडी राजा फुटवेअर और न्यु स्टार फुटवेअर स्ट्रीट भीमपुरा- कॅम्प-पुना-1 में रहता
पेरी क्रॉस रोड, बांद्रा, पश्चि6म मुंबई. यहाँ नाम के जूतोंकी दुकान चलाता हूँ. मै हूँ और पुना में ही, कपडे को रफू करने
रहता हूँ। मिफलहाल मै कुछ काम धंदा १७/२ एच/६ केनल वेस्ट रोड नाकFल का धंदा, जो मेरे नाना चलाते थे,
नहीं करता। डागा पोलीस स्टेर्शीन के नजदीक उन्नीका धंदाकरता हूँ।

कोलकत्ता- ९ यहाँ पर रहता हूँ.

Q.3 सवाल – तुम्हारी पढ़ाई कहाँ तक
Q.3 सवाल – तुम्हारी पढ़ाई लीखाई Q.3 सवाल – तुम्हारी पढ़ाई-व्हिलखाई
और कोनसी भाषा में हुयी है।

कहाँ तक और कोनसी भाषा में हुयी है। कहाँ तक और कोनसी भाषा में हुयी है।

जबाब :- मेरी पढ़ाई ९ वी कक्षा तक
जबाब :- मेरी पढ़ाई ११वी सायन्स जबाब :- मेरी पढ़ाई दसवी कक्षा तक
मोहम्मद जान हायर सेकेंडरी
तक हुयी है। मै मिहन्दी भाषा अच्छी हुयी है और में हिंहदी भाषा अच्छी तरह
हायस्कूल कोलूटोला कोलकत्ता-७३
तरह से पढना, लीखना और बोलना से पढ़ना, व्हिलखना और बोलना जानता
मै हुयी है. में हिंहदी भाषा अच्छी तरह से
जानता हूँ। हूँ।

पढ़ना, व्हिलखना और बोलना जानता हूँ।


Q.4 सवाल :- क्या पुलीसेने तुम्हे मार-          Q.4 सवाल :- क्या पुलीसेने तुम्हे मार-      Q.4 सवाल :- क्या पोव्हिलस ने तुम्हे
मिपट मिक है?                                   मिपट मिक है?                               मार-पीट मिक है?
जवाब :- नहीं, पुलीसेने मुझे मार-मिपट           जवाब :- नहीं, पुलीसेने मुझे मार-पमिट       जवाब :- नहीं, पोव्हिलस ने मुझे मार-पीट
नहीं मिक है।                                   नहीं मिक है।                               नहीं मिक है।

Q.5 सवाल :- क्या पुलीस के मिकसी                Q.5 सवाल :- क्या पुलीस के मिकसी            Q.5 सवाल :- क्या पोव्हिलस के मिकसी
आदमी ने तुम्हे डराया-धमकाया था या              आदमी ने तुम्हे डराया-धमकाया था या          आदमीने तुम्हे डराया-धमकाया था या




     ::: Uploaded on - 21/07/2025                                                     ::: Downloaded on - 21/07/2025 22:30:28 :::
                                              341

कोई लालच मिद है?                         कोई लालच मिद है?                              कोई लालच दी है?
जबाब :- नहीं, मुझे मिकसी ने भी डराया     जबाब :- नहीं, मुझे मिकसी ने भी डराया          जबाब :- नहीं, मुझे मिकसीने भी डराया
धमकाया नही, या कोई लालच नहीं             धमकाया नही, या कोई लालच नहीं                  धमकाया नही, या कोई लालच नहीं
मिदखाई।                                  मिदखायी।                                      मिदखाई।

Q.6 सवाल :- क्या पुलीस के मिकसी          Q.6 सवाल :- क्या पुलीस के मिकसी               Q.6 सवाल :- क्या पुव्हिलस के मिकसी
आदमी ने तुम्हें बयान देने के व्हिलये     आदमी ने तुम्हें बयान देने के व्हिलये          आदमीने तुम्हें कबुली बयान देने के
केसमे से बाहर मिनकालनेका या सजा          केसमे से बाहर मिनकालनेका या सजा               व्हिलये केसमे से बाहर मिनकालनेका या
कम मिदलवाने का या सरकारी गवाह            कम मिदलवाने का या सरकारी गवाह                 सजा कम मिदलवाने का या सरकारी
बनाने का वादा मिकया है?                  बनाने का वादा मिकया है?                       गवाह बनाने का वादा मिकया है?
जबाब :- नही, मिकसीने भी ऐसा कोई भी       जबाब :- नही, मिकसीने भी ऐसा कोई भी            जबाब :- नही, मिकसीने भी ऐसा कोई भी
वादा नहीं मिकया है।                      वादा नहीं मिकया है।                           वादा नहीं मिकया है।

                                                                                       Q.7 सवाल :- तुम्हे बयान देना जरूरी
Q.7 सवाल :- तुम्हे बयान देना जरूरी       Q.7 सवाल :- तुम्हे बयान देना जरूरी
                                                                                       नही है। या कबुली बयान देने मिक
नही है। या बयान देने मिक जबरदस्ती        नही है। या बयान देने मिक जबरदस्ती
                                                                                       जबरदस्ती नही है। और मिफर भी तुमने
नही है। और मिफर भी तुमने बयान मिदया      नही है और मिफर भी तुमने बयान मिदया
                                                                                       कबुली बयान मिदया तो वह कबुली
तो वह बयान अदालात में सबूत के            तो वह बयान अदालात में सबूत के
                                                                                       बयान अदालात में सबूत के तौर पर
तौरपर तुम्हारे व्हिखलाफ लाया जायेगा,     तौरपर तुम्हारे व्हिखलाफ लाया जायेगा,
                                                                                       तुम्हारे व्हिखलाफ लाया जायेगा. क्या तुम
क्या तुम ये जानते हो?                    क्या तुम ये जानते हो?
                                                                                       ये जानते हो?
जबाब :- हां में ये जानता हूँ।            जबाब :- हाँ में ये जानता हूँ।
                                                                                       जबाब :- हाँ में ये जानता हूँ।

Q.8 सवाल :- तुम्हे बयान देने से पहले     Q.8 सवाल :- तुम्हे बयान देने से पहले          Q.8 सवाल :- तुम्हे बयान देने से पहेले
सोचने के व्हिलये २४ घंटे का समय देता     सोचने के व्हिलये २४ घंटे का समय देता          सोचने के व्हिलये २४ घंटे का समय देता
हूँ। इस दौरान तुम्हारे उपर तुम्हे        हूँ। इस दौरान तुम्हारे उपर तुम्हे             हूँ। इस दौरान तुम्हारे उपर तुम्हे
पकड़नेवालो का या जाच करनेवालो             पकड़नेवालो का या जाच करनेवालो                  पकड़नेवालो का या जाच करने वालो
का कोई दबाव नहीं रहेगा, क्या तुम्हे ये   का कोई दबाव नहीं रहेगा, क्या तुम्हे ये        का कोई दबाव नहीं रहेगा, क्या ये बात
समझ में आया है?                          समझ में आया है?                               तुम्हारे समझ में आयी है?
जबाब :- हाँ, ये बात मेरी समझ में आयी     जबाब :- हाँ, ये बात मेरी समझ में आयी          जबाब :- हाँ, ये बात मेरी समझ में आयी
है।                                      है।                                           है।

                                         मुझे ऊपर पूछे गए सवालोंका जवाब                मुझे ऊपर पूछे गए सवालों के जवाब

मैंने हिंहदी में मिदये वह मैंने पढ़कर देखे। मैंने हिंहदी में मिदए वह मैंने पढ़कर देखे।
और वह सही तरीकेसे दज* मिकये गए हैं. वह सही तरीके से दज* मिकये गए हैं.

The above questions and The questions and answers The questions and answers
answers recorded in Hindi were during enquiries with accused during enquiries with accused
read over to accused and found Mohammad Majid Mohammad were recorded. The accused was
to be correctly recorded. The Shafi Ansari age 28 yrs recorded again informed that he will be
accused was again informed that by me in Hindi were read over produced before me after
he will be produced before me to accused and found to be completion of twenty four hours
after completion of 24 hrs i.e. on correctly recorded. The accused i.e. on Fifteen hundred hours
04/10/2006 at 17.00 hrs. Till was again informed that he will (15.00 hrs) on 06/10/2006. Till
that time he will be in the lock be produced before me after that time he will be in the lock
up of Azad Maidan police completion of 24 hrs i.e. on up of the L.T. MArg Police
station. The first part of 25/10/2006 at 1100 hrs. Till Station. The first part of
recording of confessional that time he will be in the lock recording of accused statement
statement commenced at 17.00 up of Mahim Pst. The first part regarding confession had
hrs and concluded at 19.30 hrs. of recording of confessional commenced at 12.15 hrs and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
342

statement commenced at 1040
concluded at 1345 hrs. This part
This part of the confessional hrs and concluded at 1155 hrs.
of the confessional statement of
statement of the above accused is This part of the confessional
the above accused is sealed
sealed bearing my signature and statement of the above accused is
bearing my signature and office
office stamp. sealed bearing my signature and
stamp.

office stamp.

817. From the above referred comparative chart of Part-I of the
confessional statements of A.3, A.5, and A.10, it is apparent on the face
of it that, though three different DCPs recorded it at three different
places, dates and time, they are identical. Even if, for a moment, it is
presumed that a format of questions were used by them for the
convenience, it cannot be ignore that the answers of A.3, A.5, and A.10
are identical verbatim, which is highly improbable, if not copied or a
format was provided. However, it is evident from the evidence of PW-
93 DCP Phadtare, PW-117 DCP Singh, and PW-118 DCP Dumbre
that they did not have questionnaire. PW-93 framed the questions on
the basis of the guidelines of senior officers and legal advisors. Whereas,
PW-117 and PW-118 prepared their questions on their own.

818. Two people can answer the same way, but not using the exact
same words and in the same sequence. They could share the same
narrative, but will express it differently. Thus, it strengthens the doubt
expressed by the defence about the genuineness of the procedure
followed while recording the confessional statements of the accused.

819. Further, it is evident that the portion which precedes the
questions of Part-I of confessions of A.3, A.5, and A.10, are exactly the
same with only the name of the officers and the accused changed. Each
paragraph’s beginning and ending is in the same manner.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
343

820. PW-118 DCP Dumbre admits that the contents of paragraph no.
2 in Exh. 1212 (Part-I of A.3’s Confession) and the contents of first
paragraph in Ext.1246 (Part-I of A.10’s Confession) are similar, except the
name and the particulars of the accused, the name of the police officer
who produced him, the time and date of production. He admits that
sequence wise and factually the contents of paragraphs 3, 4 and the
paragraph no.1 given below in Ext. 1212 are similar to paragraph nos.
2, 3 and 4 in Ext.1246, except the punctuations, i.e., ‘stroke’, ‘comma’
and ‘fullstop’ and Ext.1246 being handwritten. The question no.1 and
its answer in both are same. The question no.2 is same. Though the
question about the age was not asked, the answers in both show that
the accused stated his age. The question no.3 is same in both. It is true
that though the question about fluency in a language was not asked, the
accused have given that answer. It is true that though the accused were
asked as to in what medium they had studied, they have given an
answer about it.

821. It is to be noted that, the case is same with the preceding part of
Part-I of confessions of A.4, A.6, A.9, and A.12. The chart given herein
below will make it clear.


                                    CHART NO. 38

     Part-I of A.4       Part-I of A.6             Part-I of A.9            Part-I of A.12
(recorded by PW-104 (recorded by PW-104        (recorded by PW-93       (recorded by PW-117
    DCP Karale)         DCP Karale)               DCP Phadtare)              DCP Singh)
     (Exh. 1057)         (Exh.1068)                 (Exh.921)                (Exh.1226)
1. Perused the report 1. Perused the report
of A.C.P., A.T.S., of A.C.P., A.T.S.,
Mumbai Shri S. I.. Mumbai Shri S. I..
Patil.                Patil.
2.    The   accused 2. The accused Shaikh 1.    The    accused 1. The accused Navid
Ehtesham             Mohamad Ali Alam Muzzamil           Ataur Rashid Khan, age 26

Kutubuddin Siddiqui, Shaikh @ Ajij, age 37, Rehman Shaikh, @ yrs., Occ: Service,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
344

aged 25 yrs, Occ: Nil, Occ: Moti(Tilismi) Abu Shahid aged 22 Res./o:- Plot No.
Res: 202, Safia Seller, Add:- 33/T/2, yrs, Occ. Service, 43/45, Lake Shore
Manzil, Naya Nagar, Shivaji Nagar, Res./o: 203 A-Wing, Towers, G-3, New
Mira Road (East), Govandi, Mumbai, Tirupati Building, Vidhya Nagar
Dist: Thane has been has been arrested by Naya Nagar, Mira Coloney, Naredment,
arrested by Anti Anti Terrorism Squad, Road (East), Dist: Sikandarabad, Andhra
Terrorism Squad, Mumbai in ATS Thane has been Pradesh State, PIN-
Mumbai in Borivali C.R.No. 05/06 arrested by Anti 500056 has been
Railway Police Station U/secs. 3(1)(i), 3(2), Terrorism Squad, arrested by Anti
C.R.No. 156/06 3(4) of MCOC Act Mumbai in Borivali Terrorism Squad,
U/secs. U/s. 3 (1) (i), 1999 r/w secs. 10 & Rly P.stn C.R.No. Mumbai in A.T.S.,
3 (2), 3. (4) of MCOC 13 U.A. (P) Act, r/w 156/06 U/s. 3(1)(i), MCOCA C.R.No.
Act 1999 r/w secs. 10 secs. 302, 307, 326, 3(2), 3(4) of MCOC 05/06 U/s. 3(1)(i),
& 13 U.A. (P) Act, r/w 325, 324, 427, 436, Act 1999 r/w sec. 10 3(2), 3(4) of MCOC
secs. 302, 307, 326, 121-A, 123, 124-A, & 13 U.A. (P) Act, r/w Act 1999 r/w secs. 10,
325, 324, 427, 436, 120-B IPC, r/w Sec. 6, sec. 302, 307, 326, 13 of U.A. (P) Act,
121-A, 123, 124-A, 9(b) Indian 325, 324, 427, 436, r/w secs. 302, 307,
120-B IPC, r/w Sec. 6, Explosives Act, r/w 121-A, 123, 124-A, 326, 325, 324, 427,
9 (b) Indian Sec. 3, 4, 5 Explosives 120-B IPC, r/w Sec. 6, 436, 121-A, 123, 124-
Explosives Act, r/w Substances Act, r/w 3 9(b) Indian Explosives A, 120-B of IPC, r/w
Sec. 3, 4, 5 Explosives & 4 of Prevention of Act, r/w Sec. 3, 4, 5 Sec. 6, 9(b) of Indian
Substances Act, r/w Damage to Public Explosives Substances Explosives Act, r/w
151, 152, 153, 154 Property Act, r/w sec. Act, r/w sec. 151, 152, Sec. 3, 4, 5 of
Indian Railways Act. 151, 152, 153, 154 153, 154 Indian Explosives Substances
was produced before Indian Railways Act. Railways Act. was Act, r/w sec. 3, 4 of
me by PSI Padmakar was produced before produced before me Prevention of Damage
Deore attached to me by API Nivrutti by Police Inspector to Public Property
Anti Terrorism Squad, Kolhatkar attached to R.R. Joshi attached to Act, r/w sec. 151, 152,
Mumbai, today i.e. on Anti Terrorism Squad, Anti Terrorism Squad, 153, 154 Indian
06/10/2006 at 09.00 Mumbai, today i.e. on Mumbai, today i.e. on Railways Act was
hrs., at my office to 24/10/2006 at 09.00 04.10.2006 at 1500 produced before me
record the confession hrs., at my office to hrs., at my office to by API Shashank
statement of said record the confession record the confession Shelke attached to
accused as per the statement of said statement of said Anti Terrorism Squad,
provisions laid down accused as per the accused as per the Mumbai, today i.e. on
in sec. 18 (1) of provisions laid down provisions laid down 23/10/2006 at 14-00
M.C.O.C. Act, 1999. in sec. 18 (1) of in sec. 18(1) of hrs., at my office to
M.C.O.C. Act, 1999. M.C.O.C. Act, 1999. record the
confessional statement
of said accused as per
the provisions laid
down in sec. 18 (1) of
M.C.O.C. Act, 1999.

3. I have ascertained 3. I have ascertained 2. I have ascertained 2. I have ascertained
the facts that the the facts that the the facts that the the facts that the
above mentioned above mentioned above mentioned above mentioned

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
345

offence was offence was offence was offence was
committed in the committed in the committed in the committed in the
jurisdiction of the jurisdiction of the jurisdiction of the jurisdiction of the
Maharashtra State Maharashtra State Maharashtra State Maharashtra State on
limits on 11/07/2006. limits on 11/07/2006. limits on 11/07/2006. 11/07/2006.

4. The accused was 4. The accused was 3. The accused was 3. The accused was
taken in my personal taken in my personal taken in my personal taken in my personal
custody and PSI custody and API custody & Police custody and API
Padmakar Deore and Nivrutti Kolhatkar Inspector R.R. Joshi & Shashank Shelke and
staff of ATS were and staff of ATS were staff of ATS were staff of ATS were
asked to go out of my asked to go out of my asked to go out of my asked to go out of my
room and there were room and there were room and there were room and there were
no police officers or no police officers or no police officers or no police officers or
policemen present policemen present policemen present policemen present
anywhere, from where anywhere, from where anywhere, from where anywhere, from where
the proceedings of the proceedings of the proceedings of the proceedings of
recording the recording the recording the recording the
confession could be confession could be confession could be confession could be
seen or heard. seen or heard. I asked seen or heard. seen or heard. I asked
him to remove the veil him to remove the veil
which he did. which he did.

5. The accused was 5. The accused was 4. The accused was 4. The accused was
informed that he is no informed that he is no informed that he is no informed that he is no
longer in the custody longer in the custody longer in the custody longer in the custody
of Anti Terrorism of Anti Terrorism of Anti Terrorism of Anti Terrorism
Squad, Mumbai and Squad, Mumbai and Squad, Mumbai and Squad, Mumbai and
was asked the was asked the was asked the was asked the
following questions to following questions to following questions to following questions to
which he replied in which he replied in which he replied in which he replied in
Hindi and the same Hindi and the same Hindi and the same Hindi and the same
are recorded below in are recorded by me in are recorded below in are recorded below in
Hindi. Hindi. Hindi. Hindi.

822. The above referred chart once again highlighted the fact of
similarity in the Part-I of the confessional statements. The above
referred Part-I of the confessionals statements are of A.4, A.6, A.9 and
A.12, recorded by three different DCPs. Despite the same, they are
identical verbatim, except the name, age and address of the accused.
This is possible only if some format is provided to all, however, the
DCPs have denied use of any format or questionnaire.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
346

823. Furthermore, questions asked to the accused persons in the
beginning of Part-II, matched word to word in the confessions of A.3,
A.7, and A.9 to A.12. These questions are herein under:

CHART NO. 39

Part-II of Part-II of Part-II of Part-II of Part-II of Part-II of
A.3 A.7 A.9 A.10 A.11 A.12
(Exh.1218) (Exh.1037) (Exh.924) (Exh.1249) (Exh.1127) (Exh.1230)

१. क्या तुम १. क्या तुम १. क्या तुम १. क्या तुम २. क्या तुम 1- क्या तुम
अब भी बयान अब भी बयान अब भी बयान अभी भी अब भी बयान अब भी
देना चाहते देना चाहते हो देना चाहते कबुली जबाब देना बाहते इकबाले
हो? ? हो? देना चाहते हो? बयान देना
हो? चाहते हो?

२. तुम्हे २. तुम्हे २. तुम्हे २. तुम्हे १. तुम्हे 2- तुम्हे
सोचने के सोचने के सोचने के सोचने के सोचने के सोचने के
व्हिलए समय व्हिलए जो व्हिलए जो व्हिलए समय व्हिलए समय व्हिलए समय
मिदया था, वह समय मिदया समय मिदया मिदया था, वह मिदया था क्या वक्त मिदया
समय काफी था, वह समय था, वह समय समय काफी वह काफी गया था, वह
था या और काफी था या काफी था या था या और था? या और काफी था या
समय चामिहये? और समय और समय समय चामिहए? समय तुम्हे और
चामिहये ? चामिहये? चामिहये? यवन सामिहये?

३. तुम्हारे ३. आपके ३. तुम्हारे ३. तुम्हारे ३. तुम्हारे 3. तुम्हारे
उपर बयान उपर बयान उपर बयान उपर बयान उपर कबुली उपर
देने का कोई देनेका कोई देनेका कोई देने का कोई बयान देनेका इकबालीया
दबाव नहीं है, दबाव नही है दबाव नहीं है। दबाव नाही कोई दबाव बयान देने के
या कोई और ना ही या कोई है! या काई नहीं या कोई व्हिलए कोई
जबरदस्ती कोई जबरदस्ती जबरदस्ती जबरदस्ती दबाव नहीं है,
नहीं है, क्या जबरदस्ती है. नहीं है! क्या नही है! क्या नहीं. ये बात और नहीं
ये बात तुम्हारे क्या यह बात ये बात तुम्हारे ये बात तुम्हारे तुम्हारे मिकसी तरह
समझ में आपके समझ समझ मे समझ मे समझमें आई की
आई? मे आई? आई? आई? हैं? जबरदस्ती है,
क्या इस बात
को तुम्ह
समझ रहे हो?

४. क्या ४-क्या ४. क्या ४. क्या ४.क्या 4. क्या
पुलीस या पुलीस या पुलीस या पुलीस या पुलीस या पुव्हिलस या
मिकसी आदमी मिकसी आदमी मिकसी आदमी मिकसी आदमी मिकसी आदमी मिकसी और ने
ने तुम्हे मिफर ने आपको ने तुम्हे मिफर ने तुम्हे मिफर ने तुम्हे तुम्हे डराया,
डराया, डराया या डराया, डराया, डराया, धमकाया या
धमकाया तो धमकाया तो धमकाया तो धमकाया तो धमकाया तो मारा पीटा है?

 नहीं?          नही ?      नहीं?          नही?           नही ?




::: Uploaded on - 21/07/2025                                   ::: Downloaded on - 21/07/2025 22:30:28 :::
                                 347

 ५.       क्या ५.           क्या ५.         क्या ५.      क्या ५.       क्या 5-      क्या
 पुलीस       या पुलीस         या पुलीस        या पुलीस      या पुलीस     या पुलीस     या
 मिकसी          मिकसी            मिकसी           मिकसी         मिकसी        मिकसी और ने
 आदमीने         आदमीने           आदमीने          आदमीने        आदमीने       तुम्हे बयान

तुम्हे बयान तुम्हे बयान तुम्हे बयान तुम्हे बयान तुम्हे कबुली देने पर केस
देने के व्हिलए देने के व्हिलए, देने के व्हिलए, देने के व्हिलए बयान देने के में से बाहर
केस से बाहर केस से बाहर केस से बाहर केस में से व्हिलए केस से मिनकालने का
मिनकालनेका मिनकालने का मिनकालने का बाहर बाहर या सजा कम
या सजा कम या सजा कम या सजा कम मिनकालने का मिनकालनेका मिदलवाने का
मिदलवाने का मिदलवाने का मिदलवाने का या सजा कम या सजा कम वादा मिकया
वादा मिकया वादा मिकया वादा मिकया मिदलवाने का मिदलानेका है?

 है?            है?              है?             वादा मिकया वादा मिकया
                                                 है?           है?
 ६.        क्या ६-क्या         ६.        क्या ६.       क्या ६.क्या       6 क्या मुलीस
 पुलीस       या पुलीस       या पुलीस       या पुलीस       या पुलीस    या या       मिकसी
 मिकसी आदमी अन्य मिकसीने मिकसी आदमी मिकसी                    मिकसी       आदमी         ने
 ने       तुमसे आपको           ने       तुमसे आदमीने         आदमीने      तुम्हारे

तुम्हारे बयान बयान देने पर तुम्हारे बयान कबुली बयान तुम्हारे कबुली इकबाव्हिलया
देने पर सरकारी देने पर देने के व्हिलए बयान देनेपर बयान देने पर
सरकारी गवाह बनाने सरकारी कोई लालच सरकारी सरकारी
गवाह बनाने का वादा गवाह बनाने मिद है? गवाह गवाह बनाने
का वादा मिकया है? का वादा बनानेका का वादा
मिकया है? मिकया है? वादा मिकया मिकया है?

है?

७. क्या ७-क्या ७. क्या ७. क्या तुम ७. क्या 7. क्या
पुलीस या पुलीस या पुलीस या मिबना केसी पुलीस या पुलीस ने या
मिकसी अन्य मिकसीने मिकसी दबाव के या मिकसी मिकसी आदमी
आदमीने बयान देने के आदमीने अपनी मजीसे आदमीने ने इकबाव्हिलया
बयान देने के व्हिलए आपको बयान देने के कबुली बयान कबुली बयान बयान देने के
व्हिलए कोई कोई लालच व्हिलए कोई दे रहे हो? देने के व्हिलए व्हिलए कोई
लालच दी है? मिदखाया है? लालच दी है? कोई लालच लालच दी है ?

दी है?

८. क्या तुम ८-क्या तुम ८. क्या तुम ८. तुम्हे कोई ८. क्या तुम 8. क्या तुम
मिबना मिकसी मिबना मिकसी मिबना मिकसी परेर्शीानी या मिकसी दबाव मिबना दवाव
दबाव के या दबाव के और दबाव के या मुश्कि^कल तो के मिबना के पूरी तरह
अपनी मज से अपनी मज अपनी मज से नही है? अपनी मज से अपनी मज
बयान दे रहे से बयान दे बयान दे रहे कबुली बयान से बयान दे
हो? रहे हो? हो? दे रहे हो ? रहे हो?

९. तुम्हे कोई ९-तुम्हे कोई ९. तुम्हे कोई ९. तुम्हे कोई
परेर्शीानी या परेर्शीानी या परेर्शीानी या परेर्शीानी या
मुश्कि^कल तो मु^कील तो मुश्कि^कल तो मुश्कि^कल तो
नहीं है? नही है? नहीं है? नहीं?

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
348

१०. मैं १०-मै १०.-मैं ९. मै तुम्हारा १०. अगर
तुम्हारा बयान आपका तुम्हारा बयान कबूली बयान तुम अपनी
जबरदस्ती बयान जबरदस्ती जबरदस्ती मज से, मिबना
लेनेवाला नही जबरदस्ती लेनेवाला नही लेने वाला मिकसी दबाव
हूँ। अगर लेनेवाला नही हूँ। अगर नही हूँ। अगर या डरसे
बयान तुम हूँ. अगर आप बयान तुम कबूली बयान अपना कबुली
अपनी अपनी मज अपनी मज से तुम अपनी बयान देना
मज से, मिबना से और मिबना मिबना मिकसी मज से, मिबना चाहते हो तो
मिकसी दबाव मिकसी दबाव दबाव के दे मिकसी के ही मैं तुम्हारा
के दे रहे हो, या रहे हो, तो मैं दबाव के दे कबुली जबाब
तो मैं तुम्हारा जबरदस्तीसे तुम्हारा बयान रहे हो, तो मै दज* करूंगा.

बयान दज* अपना बयान दज* करता हूँ। तुम्हारा क्या यह बात
करता हूँ। दे रहे हो तो मैं क्या ये बात कबूली बयान तुम्हारे समझ
क्या ये बात आपका तुम्हारे दज* करता हूँ। में आई है?

 तुम्हारे समझ बयान दज* समझमें                     क्या ये बात
 में आयी?          करता हूँ. क्या आयी?            तुम्हारे समझ
                   यह        बात                  में आयी ?
                   आपके समझ
                   मे आयी है?

824. We have already seen that it is evident from the evidence of PW-
93 DCP Phadtare (who recorded the confessional statements of A.5 and
A.9), PW-117- DCP Singh (who recorded the confessional statements of
A.3 and A.12) and PW-118- DCP Dumbre (who recorded the confessional
statements of A.10) that they did not have questionnaire. PW-93
formulated questions based on the guidelines of senior officers and
legal advisors, whereas PW-117 and PW-118 independently prepared
their respective questions.

825. PW-118 DCP Dumbre admits the question number 4 to 8 and
their answers in both (A.3 and A.10) are same. The footnotes in both are
substantially the same, except the name of the police officer and the
date and time. He admits that the contents of paragraph 1 in both
Exh.1218 (Part-II of A.3’s Confession) and Exh.1249 (Part-II of A.10’s
Confession) are same, except the name and the particulars of the
accused, the names of the police officers and the date and time of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
349

production. He further admits that the contents of paragraph 4 in
Exh.1218 are the same as the contents of paragraph 2 in Exh.1249. He
admits that the contents of paragraph 5 in Exh.1218 are the same as the
contents of paragraph 3 in Exh.1249. He admits that the question no. 1
to 3 and their answers are same. The question no. 5 in Exh.1218 and
question no.4 in Exh.1249 and their answers are the same. In both
questions, the word ‘phir’ is used before the words ‘daraya’ and
‘dhamkaya’. The question no. 6 in Exh.1218 and the question no. 5 in
Exh.1249 and their answers are the same, except use of the word
‘kabuli bayan’ in Exh.1249 instead of word ‘bayan’ in Exh.1218. The
question no. 6 in Exh.1249 and question no. 8 in Exh.1218 and their
answers are the same. Question no. 7, 8 and 9 in Exh.1249 and their
answers the same as question no. 9, 10, and 11 in Exh.1218, except the
word ‘kabuli jawab’. He admits that the notes below the questions and
answers are word to word same.

826. Let us now examine the depositions of the other DCPs to
ascertain whether they possessed any questionnaire or were provided
with any guidelines regarding the formulation of questions

827. PW-102 DCP Mohite recorded the confessional statements of
A.2 and A.7. He deposed that he did not have the question ready in
writing before he started recording the confessional statements of A.2
and A.7. He asked the questions from his mind based on law and
experience. A suggestion given to him that everything that is written in
Part-I and Part-II was sent ready-made by the ATS officers and he just
wrote it down in his handwriting, was denied by him.

828. PW-104 DCP Karale recorded the confessional statements of
A.4 and A.6. He has deposed that his senior officers have not given any

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
350

written guidelines about recording confessional statements. He
generally asks similar types of questions to the accused whenever he
records the confessional statements.

829. PW-111 DCP Ranade recorded the confessional statement of
A.11. He deposed that his department had not provided the
questionnaire or proforma of the certificate before 04/10/2006.

830. PW-113 DCP Choubey recorded the confessional statement of
A.1. He deposed that it was the first occasion when he recorded the
confessional statement under the MCOCA or under any other Act. He
made efforts to collect information as to how the confessional
statement is to be recorded by talking with one of his colleagues as he
knew that. He further deposed that his colleague did not give him any
questionnaire. He formulated the questions himself.

831. The above referred discussion, therefore, leads us to a conclusion
that a possibility cannot be ruled out, as expressed by the defence, that
though these documents pretended to be prepared by the concerned
DCPs, in fact, were not prepared by the DCPs. Hence, it creates doubt
about the compliance of procedural safeguards and norms to be
followed while recording of the confessional statements.

Missing Of Stamp Of DCP At The Bottom Of Part-I Of The
Statements Of A.3 And A.10, Even Though There Is A Mention That
It Bears Office Stamp

832. On perusal of the Part-I of the confessional statements of A.3,
A.5, and A.10, it can be seen that the Part-I of all the three confessional
statements end with “this part of the confessional statement of the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
351

above accused is sealed bearing my signature and office stamp.”
Though there is a mention of bearing of office stamp, no office stamp
can be seen at the bottom of Part-I of A.3 and A.10. Whereas, it is
present in the Part-I of the confessional statement of A.5. The images
of the relevant portion of Part-I of A.3, A.5 and A.10 will make it clear.

Image No. 2

Part-I of
A.5
(Exh.934)

Part-I of
A.3
(Exh.1212)

Part-I of
A.10
(Exh.1246)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
352

833. Not putting the stamp despite there being a mention of bearing
it, may not be of any consequence in normal circumstance. Such error
may happen possibly in two circumstances, 1) the officer inadvertently
did not put the stamp, or 2) a ready-made document was provided to
the office and he mechanically signed it, without looking into the
requirement of putting stamp.

834. In the first circumstance, such error can be ignored. But in
second circumstance, it will amount to non-compliance of safeguards
and fair procedure, which is fatal and makes the confessional statement
inadmissible.

835. It is to be noted that the circumstances explaining probable
reasons for the error of not putting the stamp, are not brought on
record by the prosecution. However, considering that some of Part-I
and Part-II of the confessional statements written by different DCPs are
identical verbatim, the possibility of second circumstance cannot be
ruled out.

Similarity In Questions And Answers In Part-II Of A.3 And A.5

836. Shockingly, if Part-II of the confessional statement of A.3 and
A.5 are perused, it will be revealed that, the preliminary questions and
answers in Part-II of the confessional statements are identical, which
can be seen from the comparative chart given herein under.

CHART NO. 40

           A.3 - Faizal Shaikh                A.5 - Mohd. Majid Mohd. Shafi
   (recorded by PW-117 DCP Singh)        (recorded by PW-93 DCP D.M.Phadtare)

१. क्या तुम अब भी बयान देना चाहते हो? १. क्या तुम अब भी बयान देना चाहते हो?

जबाब- जी, हॉ।                           जबाब: जी हाँ।




::: Uploaded on - 21/07/2025                            ::: Downloaded on - 21/07/2025 22:30:28 :::
                                        353

२. तुम्हे सोचने के व्हिलए समय मिदया था, वह          २. तुम्हे सोचने के व्हिलए समय मिदया था, वह समय
समय काफी था या और समय चामिहये ?                     काफी था,या और समय चामिहये?
जबाब- मुझे मिदया हुआ समय काफी है। मुझे              जबाब: मुझे मिदया हुआ समय काफी था। है। मुझे
और समय नही चामिहये।                                 और समय नही चामिहये।

३. तुम्हारे उपर बयान देने का कोई दबाव नहीं          ३. तुम्हारे उपर बयान देनेका कोई दबाव नही है, या
है, या कोई जबरदस्ती नहीं है, क्या ये बात            कोई जबरदस्ती नही है, क्या ये बात तुम्हारे समझ
तुम्हारे समझ में आई?                                में आई?
जबाब- जी हा ये बात मेरी समझ में आई।                 जबाब: जी हाँ, ये बात मेरे समझ मे आई।

४. क्या पुलीस या मिकसी आदमी ने तुम्हे मिफर
                                           ४. क्या पुलीस या मिकसी आदमीने तुम्हे मिफर डराया
डराया, धमकाया तो नहीं?
                                           या धमकाया तो नही?
जबाब- नही, मुझे मिकसने डराया या धमकाया
                                           जबाब: नही, मुझे मिकसने डराया धमकाया नही।
नही है।

५. क्या पुलीस या मिकसी आदमीने तुम्हे बयान           ५. क्या पुलीस या मिकसी आदमीने तुम्हे बयान देने
देने के व्हिलए केस से बाहर मिनकालनेका या सजा        के व्हिलए, केस मे से बाहर मिनकालने का या सजा कम
कम मिदलवाने का वादा मिकया है?                       मिदलवाने का वादा मिकया है?
जबाब- जी नहीं।                                      जबाब: जी नहीं।

६. क्या पुलीस या मिकसी आदमी ने तुमसे                ६. क्या पुलीस या मिकसी आदमीने तुमसे तुम्हारे
तुम्हारे बयान देने पर सरकारी गवाह बनाने का          बयान देने पर सरकारी गवाह बनाने का वादा मिकया
वादा मिकया है?                                      है?
जबाब- नहीं।                                         जबाब: नही.

७. क्या पुलीस या मिकसी आदमीने बयान देने ७. क्या पुलीस या मिकसी आदमी ने बयान देने के
के व्हिलए कोई लालच दी है? व्हिलए कोई लालच दी है?

जबाब- जी नहीं।                          जबाब: जी नहीं.

८. क्या तुम मिबना मिकसी दबाव के या अपनी             ८. क्या तुम मिबना मिकसी दबाव के या अपनी मज से
मज से बयान दे रहे हो?                               बयान दे रहे हो?
जबाब- जी हा. मैं मिबना मिकसी दबाव अपने              जबाब: जी हाँ. मैं मिबना मिकसी दबाव और अपने
मज से बयान दे रहा हूँ।                              मज से बयान दे रहा हूँ.

९. तुम्हे कोई परेर्शीानी या मुश्कि^कल तो नहीं है? ९. तुम्हे कोई परेर्शीानी या मुश्कि^कल तो नही है?

जबाब- जी नहीं। जबाब: जी नहीं.

१०. मैं तुम्हारा बयान जबरदस्ती लेनेवाला

१०. मैं तुम्हारा बयान जबरदस्ती लेनेवाला नही हूँ।

नही हूँ। अगर बयान तुम अपनी मज से, मिबना
अगर बयान तुम अपनी मज से, मिबना मिकसी दबाव
मिकसी दबाव के दे रहे हो, तो मैं तुम्हारा बयान
के दे रहे हो, तो मैं तुम्हारा बयान दज* करता हूँ। क्या
दज* करता हूँ। क्या ये बात तुम्हारे समझ में
ये बात तुम्हारे समझमें आयी?

आयी?

जबाब: जी हाँ, ये बात मेरी समझमें आयी है। और मैं
जबाब- जी हा. ये बात मेरी समझ में आयी है,
अपना बयान अपनी मज से दे रहा हूँ।

और मैं अपना बयान अपनी मज से दे रहा हूँ।

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
354

837. Admittedly, two DCPs namely PW-117 Brijesh Singh and PW-
93 D.M. Phadtare recorded Part-II of A.3 and A.5 respectively on two
different dates, at different places and time. By any stretch of
imagination, it is highly impossible to have same questions, and its
sequence in both the statements with same answers. Thus, it speaks
volume and create doubt about the genuineness of the procedure
followed while recording confessional statements of these accused.

Similarity In Putting Dots In The Subject Of The Letter
Correspondence Made Between DCPs and Chief I.O. ACP Patil

838. Whenever three dots are used in any sentence like ‘…’, it is
called as ‘ellipsis’, which signifies that the sentence was originally
longer, and the omitted portion is not part of the quoted text. In
informal writing, it can represent a pause, hesitation, or an incomplete
thought.

839. The images of relevant portion of letters written by DCPs who
put such dots are reproduced with magnified images as under.

Image No. 3

Original Image of Relevant Portion Magnified Image of Relevant Portion
Exh.1224

Exh.1244

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
355

Exh.1245

Exh.1225

Exh.1177

Exh.1016

840. PW-118 DCP Dumbre admits that the contents of the letters
Exh.1244 (Letter from PW-118 to PW-186 Chief I.O. directing to produce
A.10 for confession) and Exh.1224 (Letter from PW-117 DCP Singh to PW-
186 Chief I.O. directing to produce A.12 for confession) are similar, except
the particulars of the accused, the inward number, and outward
number, reference. The format of the letters is similar. He cannot

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
356

explain why there are some dots after the word ‘statement’ in the
subject column in Ext.1244. Similar dots are there in Ext.1224,
however the number of dots are different. Similar dots are there in
Ext.1245 (Letter from PW-186 Chief I.O. to PW-118 to take custody of
A.10). He agrees that several dots are not necessary after the word
‘statement’. PW-118 admits that similar dots are there after the word
‘statement’ in Exh.1225 (Letter from PW-186 Chief I.O. to PW-117 DCP
Singh to take custody of A.12), which are unnecessary. He denies that the
ACP, ATS provided him with the letters that he says he prepared in his
office.

841. It is, thus, evident that in Exh.1224 and Exh.1177 (Letter from
PW-113 to Chief I.O. directing him to produce A.1 for confession) there are
five dots, whereas, in Exh.1244, Exh.1245, Exh.1225, and Exh.1016
(Letter from PW-102 to Chief I.O. directing him to produce A.2 for
confession) there are four dots. Moreover, it is clear from the text that it
has no relevance in view of the described usage of such dots (ellipsis).
Thus, it only depicts the non-application of mind of the DCPs while
possibly copying the text and the dots in it without examining whether
such dots have any relevance at the place where they are used. This
further brings these documents and other documents under the shadow
of doubt whether it is prepared by someone else than the concerned
DCPs.

842. Having observed as above, it is imperative to consider the
findings recorded by the Learned Special Court in this regard. The
Learned Special Court has observed thus: –

“1390. Next and the most agitated objection is that all the seven
DCPs committed common mistakes, did common changes and
additions and by this the only inference can be drawn is that all the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
357

confessional statements were prepared by the ATS officers in the
ATS office and were supplied to the DCPs only for signing. It is also
submitted that the accused were taken to the DCPs only to get their
signatures and make record in the police station that they were
brought to the DCP for recording of the confessional statement.
Insofar as the later submission is concerned, the voluminous and
contemporaneous documentary record in the form of letters by the
DCPs to the investigating officer of the ATS, to the local police
stations, the oral evidence of the DCPs, the oral evidence of the
escorting officers, station diary entries and the medical record fully
proves that the accused were taken to the DCPs for the purpose of
recording their confessional statement and not for taking their
signatures.

1391. The points on which the submissions of common authorship
of the confessional statements is based are changes in sequence and
addition of sections concerning the first batch of the seven accused,
then copying of word to word with mistakes from other confessions,
etc. The changes in sequence and addition of sections is pointed out
in respect of the letters sent by the Jt. CP, ATS to the DCPs, the
letters sent by the DCP to the ACP, ATS, the letters by the DCP to
the in-charge of local police station and the letters by the DCP to the
CMM and it is submitted that before recording Part-1 of the
confessional statement, the DCP has two letters with him, one from
the Jt. CP, ATS and one from the investigating officer of the case. It
is submitted that the sequence of the sections and addition of the
sections by the DCPs is the same when they have written letters to
the above authorities, but it is changed in Part-I and Part-II. The
sequence is changed and section 34 of the IPC is deleted. It is
submitted that if this is done by one DCP, it can be understood, it
can be a coincidence if done by two DCPs, but if it is done by all the
seven DCPs, then the only inference that can be drawn is that all the
confessional statements were supplied by the ATS to the DCPs and
the accused did not make any confession before them and therefore
the seven confessional statements of the A1 to A4 and A9 to A11 are
required to be discarded on this ground. Learned advocate Wahab
Khan submitted that the sequence of sections of offence in the
correspondence/set of letters prior to the recording of the
confessional statements of all the eleven accused is changed by the
DCPs in Part-I and Part-II of the confessional statement. However,
in the correspondence by the DCPs after the confessional statements
were recorded, including the letters to the CMM, the sequence of
sections in the correspondence prior to the recording of the
confessional statements is maintained. He submits that the DCPS
have written the first and second part of the confessional statements
by applying their minds uninfluenced by any outside things.
Therefore, the sequence of sections of offence in the correspondence

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
358

after recording of the confessional statements should be consistent
with the sequence in the first and second part of the confessional
statement. He submits that it may be said that this is a minor thing,
but points out that this practice is followed by all the seven DCPS
which is not natural and cannot be digested and it cannot be said
that soft copies of the letters were given to all the authorities right
from the Jt. CP, ATS upto the ACP.

1392. In my humble opinion, as submitted by the learned advocate
himself, this is a minor thing. The letters sent by the DCPS are on
their letter pads bearing the logo of ‘Brihanmumbai Police and the
possibility of soft copy of format of letters being provided cannot be
ruled out. However, only on the basis of such commonality, it would
be preposterous to draw the conclusion that the confessional
statements themselves are fabricated and were dictated or prepared
by a single authority.

1404. In view of the above discussion, the submission about the
changes in sequence, addition of sections, commonality of words
and mistakes in the confessions, uses of particular words, improper
use of some words that are wrongly written, sequence of names of
wanted accused as well as the accused in this case being common,
covered in the topic the common authorship of the confessions, are
untenable and do not affect the evidential value of the confessional
statements. They also do not lead to any inference that there was a
common author for all the confessional statements and that they
were provided by the investigating machinery.”

843. It is apparent on the face of above referred observations that
Learned Special Court not only ignored and discarded the doubt about
the genuineness in following the procedure by the DCPs in recording
Part-I and Part-II but held contrary to a well settled law. Hence, we are
of the firm view that the above observations are perverse.

II) Variations in mentioning the names of accused A.4 and A.9 in
correspondence and Part-I and Part-II of the confessional statements

A.4 – Ehtesham Siddique

844. Learned Counsel Shri. Chaudhary argues that in the letter dated
04/10/2006 (Exh.1055 – Letter from PW-104 DCP Karale to PW-186

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
359

Chief I.O.), the name of A.4 is referred as ‘Ehtesham Qutubuddin
Siddiqui’ and not ‘Ehtesham Qutubuddin Ansari’ as mentioned in
Exh.1054 (Letter from Jt. CP to PW-104 DCP Karale) . The oral evidence
of PW-104 shows that he had no other material, except letter Exh.1054,
while writing letter Exh.1055. If this is so, the error made in Exh.1054
should have been carried forward in the letter Exh.1055. It is,
therefore, argued that the possibility that the letter Exh.1055 was not
written by PW-104 cannot be ruled out.

845. Let us test the above referred submission. From the record, it is
evident that in the letter Exh.1054 (Letter by Joint CP to PW-104 DCP
Karale directing him to record confession of A.4) , the name of A.4 is
mentioned as ‘Ehtesham Qutubuddin Ansari’. Whereas, in fact, the
name of A.4 is ‘Ehtesham Qutubuddin Siddiqui’. However, on perusal
of Exh.1055 (Letter by PW-104 DCP Karale to PW-186 Chief I.O. to
produce A.4 for confessional statement) it can be seen that the name of
A.4 is written ‘Ethesham Kutubuddin Siddiqui’.

846. In this regard, in cross-examination, PW-104 DCP Karale
admits that the name of A.4 mentioned in Exh.1054 is ‘Ehtesham
Qutubuddin Ansari’. He cannot say from where he got the
information to write the name of A.4 in Exh.1055 as ‘Ethesham
Kutubuddin Siddiqui’. Thus, it is evident that despite an opportunity
to explain such error was given to him, he failed to explain.

847. It is to be noted that PW-104 deposed that he did not know
anything about A.4 till he received letter Exh.1054. He has not
received any material in connection with this case till he drafted
Exh.1055. He has not seen the accused till he was produced before him.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
360

He denied the suggestion that he had received the entire information
and documents on 04/10/2006 as to what confession the accused was
going to make.

848. If these variations in mentioning the names are considered in
isolation, they may be ignored. But, in totality of background earlier
discussed, which suggests possibility of copying, this cannot be ignored.
Thus, such variations further strengthen the case of the defence that
these documents were not prepared by the concerned DCPs.

A.9 – Muzzammil Ataur Rehman Shaikh

849. Similarly, in case of A.9, there are variations and different
versions of spellings and the name.

850. Learned Sr. Counsel Shri. Muralidhar argues that it is not a
question of spelling mistakes but the question is that how could it
happen if the same officer is writing and when a copy paste facility was
available. It is argued that all the three letters (Exh.927 – letter by PW-
93 to CMM after recording Part-II, Exh.928 – Letter by PW-93 to local
police station for producing A.9 before Learned CMM, and Exh.929 –
Letter to ACP Patil informing that the custody of A.9 is being handed
over to PI R.R.Joshi) were dictated immediately after recording of Part-
II of confession. He, therefore, argues that it creates doubt whether it is
written by the same person.

851. On perusal of record, it is evident that on 03/10/2006, Jt. CP
issued a letter to PW-93 DCP Phadtare directing him to record the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
361

confessional statement of A.9. In the said letter, name of A.9 appears at
four places as ‘Mujjamil Ataur Rehman Shaikh’.

852. Thereafter the letter written by DCP Phadtare on 04/10/2006
(Exh.918) to PW-186 ACP Patil and letter (Exh.920) dated
04/10/2006 again written to PW-186 ACP Patil, the name of A.9 is
written as ‘Mujjamil Ataur Rehman Shaikh’. However, while recording
the Part-I and Part-II of A.9, PW-93 records the name of A.9 as
‘Muzzamil Ataur Rehman Shaikh@Abu Shahid’. Furthermore, in a
letter written by PW-93 date 06/10/2006 to PW-186 ACP Patil, the
name of A.9 is written as ‘Mujjamil Ataur Rehman Shaikh’.

853. Thus, it is evident that in all the correspondence made by PW-
93 in relation with recording of confessional statement of A.9, the
name written is as ‘Mujjamil Ataur Rehman Shaikh’. However, in the
confessional statement Part-I and Part-II and in every page of
confessional statement, the name of A.9 is written as ‘Muzzamil Ataur
Rahman Shaikh @ Abu Shahid’. Thus, there is not only change in
spelling but there is addition of ‘@ Abu Shahid’ after the name of A.9

854. The important part which is to be noted here is that, on the
record, nowhere A.9’s name appears along with his alias name, i.e. Abu
Shahid.

855. PW-93, in his cross-examination, deposed that he came to know
A.9’s alias name as Abu Shahid during the interaction with A.9. He
admits that this alias name is not written in the answer to the second
question. This is the only question concerning his name to which he
has given the answer as Muzzammil Ataur Rehman Shaikh and he did

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
362

not mention the alias name Abu Shahid. He admits that that Exh. 917
(Letter from Jt. CP to PW-93 DCP Phadtare) and Exh.918 (Letter from PW-
93 to PW-186 Chief I.O.) do not mention this alias name. He further
admits that the alias name is not written in the second line of the
paragraph, after the signature of the accused below the question and
answer portion. He could not assign any reason for this.

856. If the oral testimony of PW-93 is accepted that he came to know
A.9’s alias name as Abu Shahid during the interaction with him, there
is no explanation why A.9’s name was not written in the same fashion
in the letters written by PW-93, Exh. 927, Exh.928 and Exh.929 dated
06/10/2006 which were admittedly written after recording of Part-II of
the confessional statement on 05/10/2006. Similarly, while writing
A.9’s name in answer to second question, he did not mention his alias
name. Therefore, it creates doubt about the explanation given by PW-
93 that he came to know A.9’s alias name as Abu Shahid during the
interaction with him.

857. If we consider letter correspondence (Exh.918, 920, and 929)
written by PW-93 as one set of documents because of similarity in
names written in these letter, and Part-I and Part-II of confessional
statements as second set of documents because of mentioning of name
of A.9 in a different style than mentioned in the letters, in that case,
one more interesting aspect needs to be noted about mentioning of the
offences in both the sets of documents. In the first set of documents
(Letters Exh.918, 920, and 929), while mentioning the offences, section 34 of

IPC, it is mentioned at the end of the offences referred to under IPC. In
reverse direction, from section 34, section 124A , 123, 121A and 120B

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
363

are mentioned. However, in the confessional statements, section 34 of
IPC is missing and section 120B is mentioned in the end of the
offences referred to under IPC, i.e., in reverse position. Section 120B
comes first and then 124A, 123 and 121A.

858. Thus, it is evident that not only the name of A.9 is mentioned
differently in both the sets of documents but even the offences are
mentioned in two different sequences.

859. The prosecution failed to explain the above referred
discrepancies, which give rise to a doubt as raised by the defence as to
the genuineness of the documents and whether they were written by
the concerned DCP or some different persons. There is one more
reason to say so. PW-93, who recorded the confessions of A.5 and A.9,
failed to identify both the accused A.5 and A.9 in dock identification.

860. In the circumstances, for the reasons recorded above, we do not
accept the argument made by the prosecution that the
contemporaneous record wipes out doubt as to whose confession PW-
93 recorded because the accused have not denied their signature on the
confessions or the fact that they were produced before CMM, and
further argument that because the police officers who produced the
accused before PW-93 before Part-I and the police officer who
produced the accused after the period of reflection have been
examined, the defence cannot give much weightage to the fact that
PW-93 could not identify A.5 and A.9 in dock identification.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
364

III) Absence of certificates under Sub-rule 6 of Rule 3 of the MCOC
Rules at the bottom of the confessional statements of A.1, A.3 and A.10

861. It is argued by the defence that confessions of A.1, A.3 and A.10
do not have certificates as contemplated under Rule 3(6) of the MCOC
Rules. There must be a certificate at the end of the confession. And, in
absence of such certificate, it can be said that there is no
contemporaneous record of the satisfaction of the DCP that the
confession is made voluntarily. It is submitted that the said lacuna
cannot simply be remedied through oral testimony. It is further argued
that Section 463 of Cr.PC allows any omissions, lacuna, or irregularities
in recording a confession under section 164 of Cr.PC to be
supplemented or corrected by the Learned Magistrate whilst giving
evidence on oath. It is argued that this provision has no applicability to
confessions recorded by police officers u/s 18 MCOCA, it being an
extraordinary penal statute which allows confessions to be recorded by
police officers by way of an exception to the general law.

862. On the other hand, learned SPP argues that series of documents
which are proved by examining relevant witnesses sufficiently establish
that all the procedural formalities were complied with. However,
certain shortcomings in the certificates given after the completion of
the confession will not vitiate the statement. To buttress this argument,
he placed reliance upon the judgment of Sanjay Dutt vs. State of
Maharashtra reported in AIR 2013 SC 2687.

863. Learned SPP further argues that absence of such certificate at the
end of confessional statements will not vitiate the confessions. To
buttress his submission, he has placed reliance on the judgment of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
365

Mohamad Iqbal Farooq Sheikh v. State of Maharashtra, reported in
2006 SCC OnLine Bom 878.

864. In the case of Sajjan Singh v. The State, reported in 1952 Cri.
L.J. 952, the Pepsu High Court has held thus: –

“The Magistrate who is entrusted with this duty, must appreciate his
function in that behalf as one of a Judicial task of ascertaining that
the statement that the accused is going to make is of his own accord
and not on account of any influence on him. He has also to bear in
mind that satisfaction of his con- science as to the voluntary
character of the statement is not the only act to be achieved by him
but he should leave such materials on the record as would satisfy the
Court which is to decide the case, that the confessional statement
was in fact voluntarily made.”

865. The proforma of the certificate to be appended at the bottom of
statement is given under Rule 3(6) of the MCOC Rules which reads
thus: –

“6. The confession recorded under sub-rule (5) shall, if it is in
writing, be signed by the person who has made such confession and
by Police Officer, who has recorded the said confession. Such Police
Officer shall, under his own hand, also make a memorandum at the
end of the confession to the following effect:-

“I have explained to (name of the confessor) that he is not bound
to make a confession and that, if he does so, any confession that
he makes, may be used as evidence against him and I am satisfied
that this confession has been made voluntarily. It has been made
before me and in my hearing and has been recorded by me in the
language in which it is made and as narrated by, the confessor. I
have read it over to the confessor and he has admitted it to be
verbatim and correct, and containing also full and true account of
the confession/statement made by him.”

866. From Rule 3(6) of the MCOC Rules, it can be said that the rule
mandates the DCP to certify the following things in the certificate: –

(i) It has been explained to the accused that he is not bound to
make the confession and the same can be used against him as
evidence,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
366

(ii) The DCP has to get satisfied that the confession has been made
voluntarily,

(iii) The confession was made before the DCP, in his hearing,

(iv) The confession has been recorded by DCP in the language in
which it is made and narrated by the accused,

(v) The recorded confession was read over to the accused and the
accused admitted it to be verbatim and correct, and containing
also full and true account of the confession made by the
accused.

867. The Hon’ble Supreme Court of India, in the case of Bharatbhai
vs. State of Gujarat reported in AIR 2002 SC 3620, has observed that
in such matter of recording of confessional statements the fate of not
only the accused but co-accused as well also hinges on such a
confession recorded by a police officer. Therefore, the rule is harsher
the consequences, the stricter is the need to comply with the
requirement of the Rules.

868. In the case of Kartar Singh (supra), the Hon’ble Supreme Court
of India has held that, in view of the legal position, vesting authority on
higher police officer to record the confession, hitherto enjoyed by the
judicial officer in the normal procedure, there should be no breach of
procedure and the accepted norms of recording the confession.

869. In the case of Nazir Ahmed vs. King Emperor reported in AIR
1936 PC 253, the Privy Council has observed that when power is given
to do a certain thing in a certain way, the thing must be done in that

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
367

way or not at all. There is no doubt that this exposition will apply to the
present case with full force.

870. The requirement to have a certificate as provided under Rule
3(6) of MCOC Rules is contemplated under section 18(3) of MCOCA.
Sub-section 3 of section 18 is in two parts. The first part is in respect of
satisfaction of the DCP that the confession is being made voluntarily.
The first part of sub-section 3 says that the police officer shall before
recording any confession under sub-section 1, explain to the persons
making it that he is not bound to make a confession and that, if he does
so, it may be used as evidence against him, and such police officer shall
not record any such confessions unless, upon questioning the person
making it, he is satisfied that it is being made voluntarily.

871. The second part of sub-section 3 of section 18 which is relevant
for us to answer the submissions made by rival parties as regards
absence of a certificate at the bottom of the confessions. The second
part of sub-section 3 of section 18 of MCOCA says that the concerned
police officer shall, after recording such voluntary confession, certify in
writing below the confession about his personal satisfaction of the
voluntary character of such confession, putting the date and time of the
same.

872. Having a satisfaction of the DCP to believe that the confession
is being made voluntarily is sine-qua-non for the exercise of jurisdiction
to record the confession. Sub-section 3 of section 18 of MCOCA does
not make it obligatory for the DCP to append at the end of the record
of the preliminary questioning, a certificate as to anticipate
voluntariness of the confession about to be recorded. But the law does

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
368

peremptorily require that, after recording the confession, the DCP must
append at the foot of the record, a memorandum certifying his
satisfaction that the confession was voluntarily made.

873. The reason for requiring compliance with this mandatory
requirement at the end of recording of the confession, as held by the
Hon’ble Supreme Court of India in the case of Chandran vs. State of
Tamil Nadu (1978) 4 SCC 90, appears to be that it is only after hearing
the confession and observing the demeanour of the person making it,
that the Magistrate is in the best position to append the requisite
memorandum certifying the voluntariness of the confession made
before him.

874. In the case of Bharatbhai (supra), the Hon’ble Supreme Court of
India has held thus: –

“33. …Writing the certificate and making the memorandum are thus
made mandatory to prove that the accused was explained that he
was not bound to make a confession and that if he made it, it could
be used against him as evidence, that the confession was voluntary
and that it was taken down by the police officer fully and correctly.
These matters are not left to be proved by oral evidence alone. The
requirement of the rule is preparation of contemporaneous record
regarding the manner of the recording the confession in the presence
of the person making it. Though giving of the statutory warning,
ascertaining the voluntariness of the confession and preparation of a
contemporaneous record in the presence of the person making the
confession are mandatory requirements of the rule, we see no good
reason why the form and the words of the certificate and
memorandum should also be held mandatory. What the mandatory
requirements of a provision are cannot be decided by overlooking
the object of that provision. They need not go beyond the purpose
sought to be achieved. The purpose of the provision is to see that all
formalities are performed by the recording officer himself and by
others to ensure full compliance with the procedure and seriousness
of recording a confession. We fail to appreciate how any departure
from the form or the words can adversely affect the object of the
provision or the person making the confession so long as the court is

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
369

able to conclude that the requirements have been substantially
complied with. No public purpose is likely to be achieved by
holding that the certificate and memorandum should be in the same
form and also in the same terms as are to be found in Rule 15(3)(b).
We fail to appreciate how the sanctity of the confession would get
adversely affected merely because the certificate and the
memorandum are not separately written but are mixed up or
because different words conveying the same thing as is required are
used by the recording officer.

43. In Sharafat Hussain Abdul Rahaman Shaikh v. State of Gujarat
[(1996) 11 SCC 62 : 1997 SCC (Cri) 48] the conviction of the
appellant was primarily based on confessions of each of them.
Allowing the appeal and setting aside the judgment of conviction
passed by the Designated Court and citing with approval Chandran
case [(1978) 4 SCC 90 : 1978 SCC (Cri) 528] this Court held that :

(SCC p. 64, paras 4-5)
“4. Admittedly, in none of the four confessions (Exts. 72, 73, 75 and

76), with which we are concerned in this appeal, such a
memorandum finds place. The question, therefore, that falls for our
consideration is what is the value of such a memorandum and, for
that matter, the effect of absence thereof. The answer to this
question has been given by this Court in Chandran v. State of T.N.
[(1978) 4 SCC 90 : 1978 SCC (Cri) 528] while dealing with sub-

section (4) of Section 164 CrPC, which lays down the procedure to
be followed by a Magistrate in recording a confession and is pari
materia with the abovequoted Rule 15(3), with the following
words : (SCC p. 101, para 31)
‘But the law does peremptorily require that after recording the
confession of the accused, the Magistrate must append at the foot of
the record a memorandum certifying that he believes that the
confession was voluntarily made. The reason for requiring
compliance with this mandatory requirement at the close of the
recording of the confession, appears to be that it is only after hearing
the confession and observing the demeanour of the person making
it, that the Magistrate is in the best position to append the requisite
memorandum certifying the voluntariness of the confession made
before him. If, the Magistrate recording a confession of an accused
person produced before him in the course of police investigation,
does not, on the face of the record, certify in clear, categorical terms
his satisfaction or belief as to the voluntary nature of the confession
recorded by him, nor testifies orally, as to such satisfaction or belief,
the defect would be fatal to the admissibility and use of the
confession against the accused at the trial.’ (emphasis supplied)”

46. In view of the aforesaid discussion, our conclusions are as
follows:

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
370

A. Writing the certificate and making the memorandum under Rule
15(3)(b) is mandatory.

B. The language of the certificate and the memorandum is not
mandatory.

C. In case the certificate and memorandum is not prepared but the
contemporaneous record shows substantial compliance with what is
required to be contained therein, the discrepancy can be cured if
there is oral evidence of the recording officer based on such
contemporaneous record.

D. In the absence of contemporaneous record, discrepancy
cannot be cured by oral evidence based on the memory of the
recording officer.

875. From the above referred observations of the Hon’ble Supreme
Court of India, it is evident that making the memorandum is
mandatory to prove that the confession was voluntary and that it was
taken down by the police officer fully and correctly. Making
memorandum is not an empty formality of the rule. It is required to be
made at the end of the confession. The officer certifies the manner in
which the statement was given by the accused and was recorded. The
satisfaction of the recording officer, as per the rule, has substantial
relevance on the aspect of voluntary nature of confession, which is the
heart of confession for it being made the basis of conviction. However,
the language of the certificate and the memorandum is not mandatory,
but at the same time, it is a requirement of the rule to prepare
contemporaneous record regarding the manner of recording the
confession in the presence of the person making it.

876. In the teeth of above referred legal exposition, let us revert back
to the facts of this case. From the record, it is evident that at the foot of
the confessional statements of A.1 (Exh.1181), A.3 (Exh.1218), and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
371

A.10 (Exh.1249) there is no memorandum as required in compliance
with Sub-rule 6 of Rule 3 of the MCOC Rules.

877. Admittedly, it is not the case as regards A.1, A.3, and A.10 that
there are memorandum but the same are not in a form prescribed or in
a language used in a form. But the case is of not having memorandums
at all at the foot of the confession of A.1, A.3, and A.10.

878. In absence of any such memorandum, if we see whether there is
any contemporaneous record available on record to show the
satisfaction of the concerned DCPs recording the confessional
statements of A.1, A.3, and A.10 about voluntariness, there is no such
record produced before the Court.

879. The question, therefore, is whether without contemporaneous
record, oral evidence can be laid to establish the fulfilment of
mandatory requirement of the Rule. The Hon’ble Supreme Court of
India, in the case of Bharatbhai (supra), while discussing the case S.N
Dube vs. N B Bhoir (2000) 2 SCC 254, it is held that the
contemporaneous record has to support the deposition in court. If the
recording officer without contemporaneous record is allowed to depose
later after a lapse of several years in court, it would be too hazardous to
rely on such testimony as, ordinarily, an officer is likely to depose in
court what was left out to be recorded in documents as per mandatory
provisions of the Act and the Rules, once he knows that he had made a
vital omission. If the contemporaneous record shows that in substance
though not in form, the requirements of the Rule were fulfilled, the
defect of form can be cured by oral deposition made, maybe after many
years, on the basis of the contemporaneous record.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
372

880. The answer, therefore, to a question that whether without
contemporaneous record, oral evidence can be laid to establish the
fulfilment of mandatory requirement of the rule, is in negative.

881. The gist of above observation of the Hon’ble Supreme Court of
India, therefore, is that contemporaneous record is must for showing
substantial compliance with what is required therein in the
memorandum, and the oral evidence can be laid based on such
contemporaneous record to cure the discrepancy.

882. In the circumstances, in absence of contemporaneous record, the
prosecution cannot be permitted to cure the defects by leading
evidence, however, even if it is allowed, by leading oral evidence, let us
examine what nature of oral evidence is brought on record by the
prosecution as regards fulfilment of mandatory requirement of sub rule
6 of rule 3 of MCOC Rules.

883. PW-118 DCP Dumbre, who recorded the confession of A.10 has
deposed that PSI Thakur produced the accused before him at 1500
hours in veil on 06/10/06. He asked PSI Thakur to remove the veil and
inquired with him whether the medical examination of the accused
(A.10) was done. PSI Thakur informed him that it was done. He
confirmed it by perusing the medical papers of the GT Hospital. He
then asked PSI Thakur to leave his cabin and asked the accused to sit
on a chair. He ensured that the proceedings between him and the
accused in his cabin would not be seen and heard by anybody from
outside, he then asked the accused whether he wants to make the
confessional statement voluntarily, to which he replied in the
affirmative. He told him (A.10) that he is in his custody and is not

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
373

bound to make a confessional statement. He inquired whether he still
wants to make the confessional statement, to which he replied in the
affirmative. He then asked him whether the period of 24 hours given to
him was enough, to which he replied in the affirmative. He asked him
whether he wanted some more time to think about his decision to
make the voluntary statement. He informed him that he did not need
any more time. He again told him that there is no force or pressure him
to give the confessional statement. He said he understood it, but
wanted to give it. He again questioned him whether he has been
threatened, lured or pressurized to give the confessional statement, to
which he replied in the negative. He told him that he would record his
confessional statement only if it is voluntarily given and only if it is
without force and pressure. He told him that he understood this and
still wanted to make the confessional statement voluntarily. Thus, he
was satisfied about the voluntariness of the accused for making the
confessional statement.

884. From the above referred evidence of PW-118 DCP Dumbre, it
can safely be said that because of the questions asked by him to the
accused about the voluntariness before recording the confessional
statement, he believed that the confession was being voluntarily made,
which is a sine-qua-non for the exercise of jurisdiction to record
confession.

885. As we have already held that the memorandum under Sub-Rule
6 of Rule 3 of the MCOC Rules, peremptorily required after recording
the confession of the accused at the foot of the confessional statement
certifying that he believes that the confession was voluntarily made.
Even the language of memorandum given under Sub-Rule 6 of Rule 3

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
374

of the MCOC Rules suggest the compliance in the same way. And
therefore, as per the memorandum, the DCP has to mention in the
memorandum in a language namely “I am satisfied that this confession
has been made voluntarily”. The words ‘has been’ make clear the stage
at which the satisfaction of the voluntariness needs to be recorded. Let
us, therefore, examine the further evidence of PW-118 DCP Dumbre to
find out whether he stated about such satisfaction to establish the
compliance of the rule.

886. PW-118 deposed that he then started recording his (A.10’s)
statement as per his narration in his own handwriting in the language
that he used. The recording continued upto 20:00 hours. Then handed
over the written part to him for reading. After he read it, he read it over
to him again. He told him that it is as per his say and then he signed all
the pages. He also countersigned (Exh.1249). He took a photocopy of
Part-B, put the original in an envelope (Exh.1250) and sealed it under
his signature.

887. The oral testimony of PW-118 DCP Dumbre nowhere even
slightly suggests about compliance of his satisfaction about
voluntariness of the accused, which is to be arrived at only after hearing
the confession and observing the demeanor of the person making it.
Thus, it can be said that the prosecution failed to even establish the
compliance of Sub-Rule 6 of Rule 3 of the MCOC Rules by leading
oral evidence. In the circumstances, in absence of memorandum,
contemporaneous record, and even oral evidence of the concerned
DCP as regards voluntariness, the confession of A.10 is inadmissible
and cannot be relied upon.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
375

888. We will now undertake the similar exercise about PW-113 who
has recorded the confessional statement of A.1 and not appended
memorandum as required under sub rule 6 of rule 3 of the MCOC
Rules at the foot of the confession.

889. PW-113 DCP Choubey, deposed that PI Gaikwad and his staff
from police station Bandra produced the accused (A.1) before him in
his chamber at 1900 hours on 04/10/06. He inquired with PI Gaikwad
whether all the instructions given to him were complied or not. He
replied that they had complied with all the instructions. He then
instructed PI Gaikwad and his staff to leave his chamber. He ensured
that there was nobody else in his chamber and nearby, who could see or
hear the proceedings in his chamber. After that he tried to take the
accused in his confidence and inquired whether he had any complaint
of ill-treatment against the officers and staff of PS Bandra or ATS. He
replied that he did not have any complaint. He asked him whether
anybody tried to meet him or contact him during the period of 24
hours He replied in the negative. After this, he explained to him that he
is the DCP of that area, who can record his confessional statement. He
then inquired from him whether there was any pressure or threat
because of which he was making the confessional statement, to which
he again replied in the negative. He again told him that he is not bound
to make the confessional statement and if he makes it, it can be used
against him as evidence. After this he was satisfied that he was ready to
give the confessional statement voluntarily.

890. As we have already held that the memorandum under Sub-Rule
6 of Rule 3 of the MCOC Rules, peremptorily required after recording
the confession of the accused at the foot of the confessional statement.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
376

The authority shall certify that he believes that the confession was
voluntarily made. Even the language of memorandum given under
Sub-Rule 6 of Rule 3 of the MCOC Rules suggests the compliance in
the same way. Let us examine whether PW-113 deposed about his
satisfaction regarding voluntariness of statement at the end of the
confessional statement of A.1.

891. PW-113 deposed that he told him (A.1) to state whatever he
wanted to state and started writing as per his narration in his own
handwriting. After this was completed, he wrote a brief account of the
proceedings of the day, read over the statement recorded from the
beginning to the accused and asked him whether it was as per his
narration. He said yes. He then gave the papers to him, for signing. He
went through the papers and then signed on every page. He also signed
thereafter on every page and put his stamp. Thereafter he got two
photocopies of the entire confessional statement, i.e., Part-I and Part-II,
he kept the photocopies in his custody and sealed the original
confessional statement Part-I and Part-II in one envelope.

892. The oral testimony of PW-113 nowhere even suggests about
compliance of his satisfaction about voluntariness of the accused, which
is to be arrived at only after hearing the confession and observing the
demeanour of the person making it. Thus, it can be said that the
prosecution failed to even establish the compliance of Sub-Rule 6 of
Rule 3 of the MCOC Rules by leading oral evidence.

893. PW-113, in his cross-examination, deposed that it was
mandatory to give a certificate at the end of the confessional statement
as per Section 18(3) of the MCOCA, but at that time he was not aware

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
377

of the rules and the format. He was aware of the provisions of Section
18(3) of MCOCA when he recorded the confessional statement about
expressing his satisfaction of the voluntary character of the confession
putting the date and time of the same. He admits that he did not record
it though he had intended to do so.

894. In these circumstances, in absence of memorandum,
contemporaneous record, and even oral evidence of the concerned
DCPs, i.e., PW-113 DCP Choubey and PW-118 DCP Dumbre that
they were satisfied that A.1 and A.10, respectively, made confession
voluntarily, the confession of A.1 and A.10 are inadmissible and cannot
be relied upon.

895. Moving further, PW-117 recorded the confessional statements of
two accused namely, A.3 and A.12. Though he claims that after
recording the confessional statement of A.3, he appended a printed
format of certificate recording his satisfaction about the voluntariness, it
is not available on record. In these circumstances, it is to be noted that
the prosecution could have led secondary evidence of such certificate.
However, it was not done. Therefore, the fact remains that there was no
certificate appended with the confessional statement of A.3 in
compliance with requirement of Sub-Rule 6 of Rule 3 of the MCOC
Rules.

896. In the above referred backdrop, let us now scrutinise the
evidence of PW-117 about his satisfaction that A.3 had given statement
voluntarily.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
378

897. PW-117 deposed that the accused (A.3) was produced before
him on 05/10/06 at 1000 hours in veil. He confirmed the compliance
of his instructions and the escort party replied that the instructions
have been complied, including medical examination. He then asked the
escort party to go out of his chamber and he ensured that there was no
one within sight and hearing of the proceedings going on, in his
chamber. He and the accused only were present in the chamber. He
asked him to remove the veil and he made him comfortable. He
ascertained his general state of well being by his demeanor and body
language. He asked him whether the time given to him was sufficient
or not and he said that it was sufficient. He asked him if he still wants
to make the confessional statement. He said yes. He warned him that
making of confessional statement is not compulsory and if made, it can
be used against accused persons as evidence in the court. He also
inquired with him whether he was under any inducement, threat or
promise. He replied in the negative. He asked him whether anyone had
met him during the period of reflection. He said no. He again checked
with him whether he had been promised to become an approver or has
been promised a lesser sentence, to which he replied in the negative.
He told him that if he still wants to make the confessional statement, it
will be recorded in his language and it would be read over to him and if
he approves it to have been recorded as per his version, then he will be
required to sign it. He contemporaneously wrote down the questions
and answers after ascertaining his voluntariness to make the
confessional statement. His stenographer was in his chamber during the
questions and answers part and he was typing it on the computer. On
the questions that he asked and the answers that the accused gave, he
came to the conclusion that the accused wanted to make the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
379

confessional statement voluntarily and was not under any threat,
inducement or promise. The printout of the questions and answers part
was shown to the accused, he read it, admitted it to be correct and then
signed it.

898. Then he deposed that accused was comfortable in Hindi
language. Therefore, he proceeded to write down his narration in his
own handwriting. He asked the stenographer to go out during this
writing. They started at 10:00 hours and at 14:30 hours, he had to stop
because of visit of Prime Minister Manmohan Singh in his jurisdiction
and he had to attend it. He made a note of this fact in English in his
own handwriting in the narration part itself. He kept the said portion
under his lock and key in his chamber and sent back the accused to
Azad Maidan Police Station.

899. PW-117 gave the instructions to the escort party to produce A.3
on the next day, i.e., on 06/10/06 at 10:00 hours and gave them a letter.
PSI Dasurkar took the accused in his custody and took him back. The
accused was again produced before him at 10:00 hours on 06/10/06.
He again confirmed with the escorting party about compliance of his
instructions and they said that they have been complied. He then asked
them to go out of the chamber, asked the accused to remove his veil.
He again asked the accused whether he still wants to make the
confessional statement. He said yes. He also ensured that he is not
under any kind of inducement, threat or promise during the
intervening period, to which he replied in the negative. He continued
to record his narration in his own handwriting after being satisfied
about the voluntariness of his confessional statement. He gave the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:28 :::
380

papers to the accused to read when it was completed. On reading it he
expressed satisfaction that it was truthfully recorded as per his version.
He also signed on each page and he also put his signatures along with
his signatures. After this he appended a printed format of certificate
recording his satisfaction about the voluntariness of the accused who
had made the confessional statement.

900. PW-117 DCP Singh, in his cross-examination, deposed that he
remembers having appended typed certificate to A.3’s confessional
statement. He denied that he had not annexed any such certificate to
the confessional statement of the A.3 – Faisal, therefore it is not found
with it.

901. Though PW-117 claimed to have appended certificate of
voluntariness, in oral testimony he did not say that he got satisfied
about voluntariness and therefore a certificate was prepared and it was
appended. Whereas, about satisfaction of voluntariness before
recording the confession, he has specifically deposed that he continued
to record his narration in his own handwriting after being satisfied
about the voluntariness of his confessional statement. PW-117 has not
deposed about such satisfaction after recording of the confessional
statement but he only speaks that he appended a printed format of
certificate, recording his satisfaction about the voluntariness of the
accused. PW-117, in absence of the mandatory certificate, ought to have
stated in his ocular evidence that he reached such satisfaction, during
hearing the confessional statement and after recording the confessional
statement.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
381

902. Thus, it can be said that the prosecution failed to even establish
the compliance of Sub-Rule 6 of Rule 3 of the MCOC Rules by leading
oral evidence. In the circumstances, in absence of memorandum,
contemporaneous record, and even oral evidence of the concerned
DCP as regards the satisfaction of PW-117 that A.3’s confession was
being made voluntarily, the confession of A.3 is inadmissible and
cannot be relied upon.

903. The prosecution has placed reliance on the judgment of the
Hon’ble Supreme Court of India in the case of Sanjay Dutt (supra),
which says that if the confession made by an accused is voluntary and
true, it is admissible against co-accused as a substantive piece of
evidence and minor and curable irregularities in recording of the
confession, such as omission in obtaining the certificate of the
competent officer with respect to the confession do not affect the
admissibility of the said evidence. Thus, it is evident that the condition
for admissibility of confessional statement in absence of certificate is
that the confession must be voluntary and true. However, having held
that the prosecution failed to establish that the statement was voluntary,
the judgment in the case of Sanjay Dutt (supra) is of no assistance to
the prosecution.

904. In light of above referred observations, we have no hesitation to
hold that the confessional statements of A.1, A.3, and A.10 are
inadmissible and conviction cannot be based on the same.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
382

IV) Though certificates are appended at the bottom of the confessional
statements of A.2, A.4, A.5, A.6, A.7, A.9, A.11, & A.12, they do not
serve the purpose as contemplated under Sub-rule 6 of Rule 3 of
MCOC Rules

905. Now, coming to the confessional statements of the accused
having certificates appended at the bottom of such confessional
statements. It is alleged to have not been in the format as provided
under Sub-Rule 6 of Rule 3 of the MCOC Rules or there are certain
discrepancies in such certificates. Such challenge is raised by the
defence in relation to A.2, A.4, A.5, A.6, A.7, A.9, A.11, and A.12.
Thus, let us look at the certificates appended below the confessional
statements of the above referred accused. The certificates of all the
accused are identical verbatim except change in the name of the
accused. One of such certificates is produced herein under, to avoid
duplication.

CERTIFICATE
(Sec.(1) of M.C.O.C. Act, 1999)
This is to certify that the accused Ehtesham Kutubuddin Siddiqui,
arrested by ATS Mumbai, in connection with Boriwali Railway
Police Station C.R.No. 156/2006 U/S 3(1)(i), 3(2) 3(4)
M.C.O.C.Act 1999 r/w 10, 13 U.A.P. Act r/w 302, 307, 326, 325,
324, 436, 427,120 (B), 121 A,123, 124-A, 34 IPC r/w 3, 9, (b)
Indian Explosive Act. r/w 151, 152, 153, 154 of Indian Railways Act
r/w 3, 4, 5 Explosive Substances Act of Section 18 of the M.C.O.C.
Act 1999 was produce before me. He was explained that he is not
bound to make a confession and that if he does so, it may be used as
evidence against him. I am satisfied that whatever confession
statement was made before me was made voluntarily by the said
accused.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
383

906. The above referred certificate is appended at the bottom of
confessional statement of A.4. Identical certificates are appended below
the confessional statements of A.2, A.5, A.6, A.7, A.9, A.11, and A.12.

907. It is evident from the said certificate that it certifies three
things:-

(1) The accused was explained that he is not bound to make a
confession and that if he does so, it may be used as evidence
against him,

(2) He is satisfied that whatever confessional statement was made
before him was made voluntarily by the said accused,

(3) Since there is a mention in the certificate that the accused was
produced before him, and he satisfied that whatever
confessional statement was made before him, was made
voluntarily by the said accused, it can be said that the
requirement that the confession was made before the DCP, in
his hearing, is satisfied.

908. For the sake of convenience, we will again state the requirements
of the certificate, herein under: –

(i) It has been explained to the accused that he is not bound to
make the confession and the same can be used against him as
evidence,

(ii) The DCP has to be satisfied that the confession has been made
voluntarily,

(iii) The confession was made before the DCP, in his hearing,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
384

(iv) The confession has been recorded by DCP in the language in
which it is made and narrated by the accused,

(v) The recorded confession was read over to the accused and the
accused admitted it to be verbatim and correct, and containing
also full and true account of the confession made by the
accused.

909. From the above referred requirements of Sub-Rule 6 of Rule 3
of the MCOC Rules, and considering the certificates appended by the
DCPs below the confessions of the above referred accused, it is crystal
clear that the following requirements have not been complied with: –

(a) The confession has been recorded by DCP in the language in
which it is made and narrated by the accused,

(b) The recorded confession was read over to the accused and the
accused admitted it to be verbatim and correct, and containing
also full and true account of the confession made by the accused.

910. The Hon’ble Supreme Court of India, in Bharatbhai (supra),
held that giving of the statutory warning, ascertaining the voluntariness
of the confession and preparation of a contemporaneous record in the
presence of the person making the confession are mandatory
requirements of the rule. It is further observed as to why the form and
the words of the certificate and memorandum should also be held
mandatory. What are the mandatory requirements of a provision,
cannot be decided by overlooking the object of that provision. They
need not go beyond the purpose sought to be achieved. The purpose of
the provision is to see that all formalities are performed by the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
385

recording officer himself and by others to ensure full compliance with
the procedure and seriousness of recording a confession. It is held that
how any departure from the form or the words can adversely affect the
object of the provision or the person making the confession so long as
the court is able to conclude that the requirements have been
substantially complied with. No public purpose is likely to be achieved
by holding that the certificate and memorandum should be in the same
form and also in the same terms. It is also observed the sanctity of the
confession would get adversely affected merely because the certificate
and the memorandum are not separately written but are mixed up or
because different words conveying the same thing as is required are
used by the recording officer.

911. In light of the above referred exposition of law, we will now
examine whether the above referred two requirements are fulfilled by
the words used in the memorandum conveying the same thing as
required.

912. A.2, in Part-I, stated that he knows Hindi, and he can write and
read Hindi language. In Part-II, at the end of the confession, he states
that he read the confession and it is recorded as per his narration.

913. A.4, in Part-I, stated that he knows Hindi, and he can write and
read Hindi language. In Part-II, at the end of the confession, he states
that he read the confession and it is recorded as per his narration.

914. In Part-I of A.5, the DCP has recorded that he asked questions
to A.5 which he replied in Hindi, and therefore, the same were
recorded by him in Hindi. He also, at the bottom of question answers,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
386

recorded in Part-I that he gave answers in Hindi. A.5, at the end of his
confession stated that he gave his statement as per his own will and the
same is recorded as per his narration. He further states that he read it
and found to be recorded as per his narration.

915. In Part-I of A.6, the DCP has recorded that A.6 replied to the
questions in Hindi, and accordingly the same are recorded by him in
Hindi. At the bottom of question and answers in Part-I, A.6 has stated
that he gave answers in Hindi. Whereas, at the end of the confession,
he states that he gave confessional statement as per his will and the
same is recorded as per his narration and found to be as narrated. He
further stated that he read it & found to be as narrated.

916. In Part-I of A.7, the DCP has recorded that A.7 replied to the
questions in Hindi, and accordingly the same are recorded by him in
Hindi. At the bottom of question and answers in Part-I, A.7 has stated
that he gave answers in Hindi. Whereas, at the end of the confession,
he states that he gave confessional statement as per his will and the
same is recorded as per his narration and found to be as narrated.

917. In Part-I of A.9, the DCP has recorded that A.9 replied to the
questions in Hindi, and accordingly the same are recorded by him in
Hindi. At the bottom of question and answers in Part-I, A.9 has stated
that he gave answers in Hindi. Whereas, at the end of the confession,
he states that he read the statement and found it to be recorded as per
his narration.

918. In Part-I of A.11, the DCP has recorded that A.11 replied to the
questions in Hindi, and accordingly the same are recorded by him in

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
387

Hindi. At the bottom of question and answers in Part-I, A.11 has stated
that he gave answers in Hindi. Whereas, at the end of the confession,
he states that he read the confessional statement and also it was read
over to him and which is found to be recorded as per his narration.

919. In Part-I of A.12, the DCP has recorded that A.12 replied to the
questions in Hindi, and accordingly the same are recorded by him in
Hindi. At the bottom of question and answers in Part-I, A.12 has stated
that he gave answers in Hindi. Whereas, at the end of the confession,
he states that he gave confessional statement as per his will and the
same is recorded as per his narration and found to be as narrated.

920. From the above referred observations, it is evident that there is a
contemporaneous record of compliance of the conditions namely, (a)
the confession has been recorded by DCP in the language in which it is
made and narrated by the accused, and (b) the recorded confession was
read over to the accused and the accused admitted it to be verbatim and
correct, and containing also full and true account of the confession
made by the accused. Thus, considering the law laid down in the case
of Bharatbhai (supra) that the form and the language of certificate
cannot be held mandatory but important is satisfaction of purpose,
according to us, the record shows that there is a compliance of sub rule
6 of rule 3 of MCOC Rules as regards A.2, A.4, A.5, A.6, A.7, A.9,
A.11, and A.12.

921. We have supplied emphasis, while recording of compliance of
Sub Rule 6 of Rule 3 of the MCOC Rules, in the above paragraph, on
the words ‘the record shows’, for the reason that while examining the
compliance of each of the requirement we noticed certain crucial aspect

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
388

which again compel us to consider a point whether it is safe to rely
upon such compliance, as the Hon’ble Supreme Court has held that
these circumstances as not a formality, but seek strict compliance.

922. While seeking strict compliance, we notice as follows: –

(1) In all the certificates, the language and words are identical
verbatim. Even the handwritten certificates are also word to
word same though written by five different DCPs at different
places on different dates and time.

(2) Admittedly, the certificates are not as per the format given
under sub rule 6 of rule 3 of MCOC Rules. Had the certificate
been in the format, it would have been natural and possible
that all the certificates are worded verbatim. However, unless it
is in the format as provided, it is highly improbable that all the
certificates written by five different DCPs would be identical
verbatim.

923. The following chart will show that identical wordings were used
in the part preceding to the questions asked by all the five DCPs,
during the Part-I, to show that the confessions have been recorded in
the language in which it is made and narrated by accused.

CHART NO. 41

Part-I of A.2 Part-I of A.4 Part-I of A.5 Part-I of A.6 Part-I of A.7 Part-I of A.9 Part-I of A.11 Part-I of A.12
Accused was The accused The accused The accused The accused The accused The accused The accused
asked the was informed was informed was informed was informed was informed was informed was informed
following that he is no that he is no that he is no that he was that he is no that he is no that he is no
questions to longer in the longer in the longer in the no longer in longer in the longer in the longer in the
which he replied custody of custody of Anti custody of the custody custody of custody of custody of Anti
in Hindi and the Anti terrorism terrorism Anti of Anti Anti Anti terrorism
same are recorded squad, squad, Mumbai terrorism terrorism terrorism terrorism squad,
by me in my own Mumbai and and was asked squad, squad, squad, squad, Mumbai and
handwriting. was asked the the following Mumbai and Mumbai and Mumbai and Mumbai and was asked the
following questions to was asked was asked the was asked was asked the following
questions to which he the following following the following following questions to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
389

which he replied in questions to questions to questions to questions to which he
replied in Hindi and the which he which he which he which he replied in
Hindi and the same are replied in replied in replied in replied in Hindi and the
same are recorded by me Hindi and Hindi and Hindi and Hindi and same are
recorded in Hindi. the same are the same are the same are the same are recorded by me
below in recorded by recorded by recorded recorded in Hindi.

    Hindi.                        me in Hindi. me my own        below in       below in
                                               handwriting      Hindi.         Hindi.
                                               in Hindi.

924. In light of the above-referred chart, it is evident that with respect
to the condition of compliance namely, the confession has been
recorded by DCP in the language in which it is made and narrated by
the accused, the identical wordings used in the portion preceding the
questions in Part-I of the confession appears highly improbable. Such
verbatim similarity across confessions allegedly recorded by five
different DCPs, in the absence of any prescribed format or uniform
guidelines, raises serious doubts about the authenticity of the recording
process.

925. PW-111 DCP Ranade, who recorded confessional statement of
A.11, in his cross-examination, admits that the wording in his certificate
is somewhat different from the wordings-given in sub-rule (6) of Rule
3 of the MCOC Rules. It is not written in his certificate that it has been
made before him and in his hearing and has been recorded by him in
the language in which it is made and as narrated by, the confessor, he
has read it over to the confessor and he has admitted it to be verbatim
and correct, and containing also full and true account of the confession
statement made by him.

926. PW-93 DCP Phadtare, in his cross-examination, admits that the
contents of the certificate do not contain the words “It has been made
before me and in my hearing and has been recorded by me in the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
390

language in which it is made and, as narrated by, the confessor. I have
read it over to the confessor and he has admitted it to be verbatim and
correct, and containing also full and true account of the
confession/statement made by him”. The department has not issued
any proforma or format of the certificate to be issued in such cases.

927. PW-102 DCP Mohite admits that the certificates that he gave
are not according to the proforma. It is not written in the certificates
that it has been made before him and in his hearing and has been
recorded by him in the language in which it is made and as narrated by
him and that he has read it over to him and he has admitted it to be
verbatim and correct and containing also full and true account of the
confessional statement made by him.

928. PW-104 DCP Karale deposed that he did not know that it was
to be written in the certificate that it was made in his hearing and has
been recorded by him in the language in which it is made and, as
narrated by the confessor, he has read it over to the confessor and he
has admitted it to be verbatim and correct and containing also full and
true account of the confessional statement made by him.

929. In light of the aforementioned circumstances, and after carefully
considering the requirements stipulated under Sub-Rule 6 of Rule 3 of
the MCOC Rules, the oral testimonies of the DCPs, and the chart
referenced above, demonstrating the identical language used in the
preceding portions of the questioning by the DCPs during Part-I to
establish that the confessions were recorded in the language of the
accused, it can be concluded that this evidence falls under a shadow of
doubt.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
391

V) Not making the accused aware about the right to have legal/lawyer
services.

930. Learned Counsel for the defence argues that the sanctity of a
confession is to be considered when it is made after giving proper legal
advice. The accused persons were saying that they are innocent and
then after the last remand of the accused persons, the ATS went to
record the confession. When their confessions were recorded, all the
accused were represented by lawyers on record. Yet, none were offered
the opportunity to consult their lawyers or obtain legal advice before
their confessions were recorded. Each of the DCPs has been asked this
question whether they offered to provide legal assistance to the accused.
But the answer was that we did not think it was necessary. Learned
Counsel submits that the denial of legal assistance prior to confession
vitiates the confession of evidentiary value.

931. The Hon’ble Supreme Court of India, in the case of Khatri and
Others (II) ..vs.. State of Bihar and Others , reported in (1981) 1 SCC
627, held thus: –

“5. …the right to free legal services is clearly an essential ingredient
of reasonable, fair and just procedure for a person accused of an
offence and it must be held implicit in the guarantee of Article 21
and the State is under a constitutional mandate to provide a lawyer
to an accused person if the circumstances of the case and the needs
of justice so require, provided of course the accused person does not
object to the provision of such lawyer. It is unfortunate that though
this Court declared the right to legal aid as a Fundamental Right of
an accused person by a process of judicial construction of Article 21,
most of the States in the country have not taken note of this decision
and provided free legal services to a person accused of an offence…..
Mr. K. G. Bhagat on behalf of the State agreed that in view of the
decision of this Court the State was bound to provide free legal
services to an indigent accused but he suggested that the State might
find it difficulty to do so owing to financial constraints. We may

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
392

point out to the State of Bihar that it cannot avoid its constitutional
obligation to provide free legal services to a poor accused by
pleading financial or administrative inability. The State is under a
constitutional mandate to provide free legal aid to an accused person
who is unable to secure legal services on account of indigenous and
whatever is necessary for his purpose has to be done by the State.”

932. The Hon’ble Supreme Court of India, in the case of State (NCT
of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600, held thus:

“160. In the same judgment, we find lucid exposition of the width
and content of Article 22(1). Krishna Iyer, J. observed: (Nandini
Satpathy case [(1978) 2 SCC 424 : 1978 SCC (Cri) 236] SCC p.
455, para 62)
“The spirit and sense of Article 22(1) is that it is fundamental to the
rule of law that the services of a lawyer shall be available for
consultation to any accused person under circumstances of near-
custodial interrogation. Moreover, the observance of the right
against self-incrimination is best promoted by conceding to the
accused the right to consult a legal practitioner of his choice.”

“We think that Article 20(3) and Article 22(1) may, in a way, be
telescoped by making it prudent for the police to permit the
advocate of the accused, if there be one, to be present at the time he
is examined.”

It was pointed out (SCC p. 455, para 63) that the lawyer’s presence,
in the context of Article 20(3), “is an assurance of awareness and
observance of the right to silence”. It was then clarified: (SCC p.
456, para 63)
“We do not lay down that the police must secure the services of a
lawyer. … But all that we mean is that if an accused person expresses
the wish to have his lawyer by his side when his examination goes
on, this facility shall not be denied”,

162….”In order fully to apprise a person interrogated of the extent of
his rights under this system then, it is necessary to warn him not
only that he has the right to consult with an attorney, but also that if
he is indigent a lawyer will be appointed to represent him. Without
this additional warning, the admonition of the right to consult with
counsel would often be understood as meaning only that he can
consult with a lawyer if he has one or has the funds to obtain one.
The warning of a right to counsel would be hollow if not couched in
terms that would convey to the indigent —the person most often
subjected to interrogation– the knowledge that he too has a right to
have counsel present.”

181. The importance of the provision to afford the assistance of the
counsel even at the stage of custodial interrogation need not be

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
393

gainsaid. The requirement is in keeping with the Miranda [384 US
436 : 16 L Ed 2d 694 (1966)] ruling and the philosophy underlying
Articles 21 , 20(3) and 22(1). This right cannot be allowed to be
circumvented by subtle ingenuities or innovative police strategies.
The access to a lawyer at the stage of interrogation serves as a sort of
counterweight to the intimidating atmosphere that surrounds the
detenu and gives him certain amount of guidance as to his rights
and the obligations of the police. The lawyer’s presence could pave
the way, to some extent, to ease himself of the mental tension and
trauma. In the felicitous words of Finlay, C.J. of Ireland in People v.
Healy [(1990) 2 IR 73]:

“The undoubted right of reasonable access to a solicitor enjoyed by a
person who is in detention must be interpreted as being directed
towards the vital function of ensuring that such a person is aware of
his rights and has the independent advice which would be
appropriate in order to permit him to reach a truly free decision as to
his attitude to interrogation or to the making of any statement, be it
exculpatory or inculpatory. The availability of advice must, in my
view, be seen as a contribution, at least, towards some measure of
equality in the position of the detained person and his
interrogators.”

182…The lawyer’s presence and advice, apart from providing
psychological support to the arrestee, would help him understand
the implications of making a confessional statement before the
police officer and also enable him to become aware of other rights
such as the right to remain in judicial custody after being produced
before the Magistrate.”

933. From the above referred exposition of law, on the point of
providing legal aid to an accused, it is evident that the spirit and
essence of Article 22(1) is that it is fundamental to the rule of law that
the services of a lawyer shall be available for consultation to any
accused person under circumstances of mere custodial interrogation .
The observance of the right against self-incrimination is best promoted
by conceding to the accused the right to consult a legal practitioner of
his choice. The State, therefore, is under a constitutional mandate to
provide free legal aid to an accused who is unable to secure legal
services on account of indigenous.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
394

934. It is further evident that the access to a lawyer at the stage of
interrogation serves as a sort of counterweight to the intimidating
atmosphere that surrounds the detenu and gives him certain amount of
guidance as to his rights and the obligations of the police. The lawyer’s
presence could pave the way, to some extent, to ease himself of the
mental tension and trauma. The right of reasonable access to a lawyer
enjoyed by a person who is in detention must be interpreted as being
directed towards the vital function of ensuring that such a person is
aware of his rights and has the independent advice which would be
appropriate in order to permit him to reach a truly free decision as to
his attitude to interrogation or to the making of any statement, be it
exculpatory or inculpatory. The lawyer’s presence and advice, apart
from providing psychological support to the arrestee, would help him
understand the implications of making a confessional statement before
the police officer and also enable him to become aware of other rights
such as the right to remain in judicial custody after being produced
before the Magistrate.

935. In the present matter, it is thus imperative to find out whether
the accused were informed about their right to have services of lawyer
before recording the confessional statements. To ascertain this, the oral
testimony of the DCPs will be helpful.

936. PW-104 DCP Karale, who recorded the confesssional statement
of A.4, has deposed that he did not ask the accused as he did not feel it
necessary whether they wanted to take the advice of any advocate or
their relatives.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
395

937. PW-102 DCP Mohite, who recorded the confessional
statements of A.2 and A.7, has deposed that he does not remember
whether he asked the accused whether they had engaged an advocate
and whether he permitted the accused to talk with his parents.

938. PW-117 DCP Singh, who recorded the confessional statements
of A.3 and A.12, has deposed that he did not ask A.3 and A.12 if they
wanted legal aid or to consult a friend or lawyer. He did not ask both
the accused whether they wanted any advocate or relative to be present
while recording their confessional statements. He does not remember
having given opportunity to the accused to consult their lawyers before
making the confessional statement.

939. PW-118 DCP Dumbre, who recorded the confessional statement
of A.10, has deposed that he asked A.10 whether his advocate was with
him, he answered in negative. He did not ask him whether he had
retained any advocate. According to his understanding, the accused has
a right to consult his advocate. As the accused said no, there was no
question of permitting to consult his advocate.

940. PW-111 DCP Ranade, who recorded the confessional statement
of A.11, deposed that he did not ask A.11 whether he wanted to take
legal advice before making the confessional statement because there is
no legal provision for this. He admits that had not asked such question.

941. PW-93 DCP Phadtare, who recorded the confessional
statements of A.5, and A.9, in cross-examination, admits that it is not
written in the statements (Exh.924 and Exh.937) that he had asked the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
396

accused whether he wanted legal assistance or he wanted anyone to
remain present on his behalf.

942. From the evidence of above referred DCPs, it is abundantly
clear that, at the crucial stage of recording confession, the accused were
not made aware of their right to have services of lawyer. Thus, the
valuable right of the accused to have services of lawyer has been denied
to the accused in the present matter.

943. The Hon’ble Supreme Court of India, in the case of Navjot
Sandhu (supra), in reference to section 52 of POTA made certain
observations. Under section 52 of POTA, various safeguards to the
accused are provided. Sub-section 2 of it provides that the person
arrested shall be informed of his right to consult a legal practitioner as
soon as he is brought to the police station. The Hon’ble Supreme Court
of India has held that the denial of the safeguards will be one of the
relevant factors that would weigh with the court to act upon or to
discard the confession.

944. No doubt, safeguards as provided under sub-section 2 of section
52 of POTA is not provided under the MCOCA, however, it will not
take away the right of the accused under MCOCA to consult his lawyer
when he is interrogated by the police or before proceeding to record
confession, in view of his fundamental rights under Article 22(1) and
Article 20(3) as well as the provision of the section 303 of the Cr.PC.
Therefore, the law laid down in the case of Navjot Sandhu (supra) will
apply to this case with full force.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
397

VI) No Enquiry Made By The DCPs Of The Reason Why The
Accused Wanted To Confess Before Recording Confession

945. Learned Counsel for the defence argues that the DCPs did not
ascertain the reasons behind the accused persons wanting to confess.
An essential aide in ascertaining voluntariness is understanding the
reasons why a person wants to confess to a crime that could very easily
get him to the gallows, which would cause immense shame and
suffering to him and his entire family. It is most abnormal and unusual
for anyone to want to take such a step, and the reasons for taking it
would indicate whether or not the claims of voluntariness are genuine
or not. The learned Counsel states that none of the DCPs asked this
question.

946. The learned SPP argues that there is ample evidence on record
to show that all the concerned DCPs warned the accused that it is not
binding on them to make a confession. This question itself suggests
that if the accused does not want to confess or give statement there is
no force for giving a statement. It also implies that the concerned DCPs
tried to find out whether the accused is voluntarily giving his
statement. It is, therefore, submitted that even in absence of such
specific question put by the DCP, there is a compliance of the
procedure to be followed before recording confessional statement.

947. The Hon’ble Supreme Court of India, in the case of
Shivappa .vs.. State of Karnataka reported in (1995) 2 SCC 76, held
that: –

“6. …In case the Magistrate discovers on such enquiry that there is
ground for such supposition he should give the accused sufficient
time for reflection before he is asked to make his statement and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
398

should assure himself that during the time of reflection, he is
completely out of police influence. An accused should particularly
be asked the reason why he wants to make a statement which would
surely go against his self- interest in course of the trial, even if he
contrives subsequently to retract the confession. Besides
administering the caution, warning specifically provided for in the
first part of sub-section (2) of Section 164 namely, that the accused
is not bound to make a statement and that if he makes one it may be
used against him as evidence in relation to his complicity in the
offence at the trial, that is to follow, he should also, in plain
language, be assured of protection from any sort of apprehended
torture or pressure from such extraneous agents as the police or the
like in case he declines to make a statement and be given the
assurance that even if he declined to make the confession, he shall
not be remanded to police custody.”

948. The Hon’ble Supreme Court of India, in the case of Rabindra
Kumar Pal Alias Dara Singh..vs.. Republic Of India, reported in (2011)
2 SCC 490: –

“64. The following principles emerge with regard to Section 164
Cr.P.C.:

(i) The provisions of Section 164 Cr.P.C. must be complied with not
only in form, but in essence.

(ii) Before proceeding to record the confessional statement, a
searching enquiry must be made from the accused as to the custody
from which he was produced and the treatment he had been
receiving in such custody in order to ensure that there is no scope for
doubt of any sort of extraneous influence proceeding from a source
interested in the prosecution.

(iii) A Magistrate should ask the accused as to why he wants to make
a statement which surely shall go against his interest in the trial.

(iv) The maker should be granted sufficient time for reflection.

(v) He should be assured of protection from any sort of apprehended
torture or pressure from the police in case he declines to make a
confessional statement.

(vi) A judicial confession not given voluntarily is unreliable, more
so, when such a confession is retracted, the conviction cannot be
based on such retracted judicial confession.

(vii) Non-compliance of Section 164 Cr.P.C. goes to the root of the
Magistrate’s jurisdiction to record the confession and renders the
confession unworthy of credence.

(viii) During the time of reflection, the accused should be
completely out of police influence. The judicial officer, who is
entrusted with the duty of recording confession, must apply his

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
399

judicial mind to ascertain and satisfy his conscience that the
statement of the accused is not on account of any extraneous
influence on him.

(ix) At the time of recording the statement of the accused, no police
or police official shall be present in the open court.

(x) Confession of a co-accused is a weak type of evidence.

(xi) Usually the Court requires some corroboration from the
confessional statement before convicting the accused person on such
a statement.”

949. The Madhya Pradesh High Court, in the case of Ghasi Ram v.
State, reported in 1952 Cri. L.J. 1866: –

“17. …Before sending the accused to such custody he should be
assured of every sort of protection against torture or pressure from
outside agents or the Police and he should be asked the reason why
he is going to make a confession which will surely go against him at
his trial.

950. In the teeth of the above referred exposition of law, let us revert
back to the facts of this case.

951. PW-118 DCP Dumbre deposed that he does not think that the
first and foremost question that is required to be asked is as to in which
case he wants to make the confessional statement and for what purpose.

952. PW-93 DCP Phadtare admits that he did not inquire with the
concerned accused (A.5 and A.9) as to under what circumstances they
became ready to confess and expressed a desire to do so. PW-93 admits
that it is not recorded in the confessional statements that he asked the
accused A.5 and A.9 as to why they wanted to confess. He admits that
it is not written in both the parts that he asked the accused as to why he
was making the confession.

953. PW-104 DCP Karale states that it is not necessary to ask the
accused as to why they wanted to confess.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
400

954. PW-111 DCP Ranade states that he did not ask A.11 when he
wanted to confess and to whom he expressed this desire.

955. PW-117 DCP Singh states that he did not ask A.3 and A.12 as to
why they wanted to confess.

956. It is, thus, evident that none of the DCPs asked the accused as to
why he wants to make a statement which surely shall go against his
interest in the trial. Such enquiry is one of the safeguards to be taken
care of before recording the statement. Such safeguards are provided to
help to ascertain voluntariness. In absence of such enquiry in this
matter, we are of the opinion that the DCPs failed to comply with
necessary safeguards.

VII) Sufficient Cooling Off Period Was Not Given To The Accused

957. Learned Counsel for the defence argues that none of the DCPs
inquired about how long the accused had been in police custody. This
was essential to ascertain the cooling off period necessary in the case,
the extent of efforts necessary to exorcise the fear that would have
enveloped the accused, the steps that needed to be taken to ascertain
voluntariness and whether the accused had been tortured or not. In the
absence of ascertaining any of this information for himself, it would be
impossible for the DCP to reach any conclusion on voluntariness.

958. Learned SPP submits that as per the provisions of law, the
minimum period of 24 hours is provided as a cooling off period, which
has been provided by all the DCPs. It is further argued that a specific

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
401

question was put to every accused whether he wants further period of
reflection which was denied. It is, therefore, submitted that it cannot be
said that sufficient cooling off period was not provided to the accused
for reflection.

959. The Hon’ble Supreme Court of India, in the case of Shivappa
vs. State of Karnataka reported in (1995) 2 SCC 76, has held that
before proceeding to record the confessional statement, a searching
enquiry must be made from the accused as to the custody from which
he was produced and the treatment he had been receiving in such
custody in order to ensure that there is no scope for doubt of any sort of
extraneous influence proceeding from a source interested in the
prosecution still lurking in the mind of an accused. In case the
Magistrate discovers on such enquiry that there is ground for such
supposition he should give the accused sufficient time for reflection
before he is asked to make his statement and should assure himself that
during the time of reflection, he is completely out of police influence.

960. In the present case, the accused were in police custody spanning
from 24 days to 76 days before recording of their confessional
statements, which shows that they were in prolonged custody
immediately preceding the making of the confession.

961. The DCPs had granted a cooling period of 24 hours to the
accused for reflection. The said period was granted without inquiring
the period of their custody. In this regard, the evidence brought on
record by the prosecution is as under.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
402

962. PW-93 DCP Phadtare deposed that he was not aware from
11/07/2006 upto 03/10/2006 about the names of the persons who
were arrested. When he received letter Exh.930 (Letter from Jt. CP to PW-
93 directing him to record confession of A.5) on 23/10/2006, he had inquired

as to when the concerned accused was in custody and when he was
arrested.

963. PW-102 DCP Mohite admits that he did not get knowledge as
to when A.7 was arrested and when he first expressed his desire to
make the confessional statement. He further states that no one had told
him that A.2 was in custody since 23/07/06. He deposed that he
cannot tell the dates of the duration of the police custody of the
accused.

964. PW-104 DCP Karale states that he did not ask him (A.4) when
he was arrested. He did not feel that the knowledge of the dates of the
arrest of the accused and the stage of the investigation were important
for him.

965. PW-111 DCP Ranade admits that the date of arrest of the A.11 is
not mentioned in any correspondence with the I.O. and Joint CP. He
did not know on 04/10/2006 and 05/10/2006 as to when A.11 was
arrested and how long he was in police custody. He did not ask any
question in this connection to A.11.

966. PW-117 DCP Singh states that he had no information as to
whether A.3 was in custody of ATS from the last week of July 2006.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
403

967. PW-118 DCP Dumbre deposed that he could not know from
the entire correspondence as to when A.10 was arrested and for how
long he was in the police custody. The record of the confessional
statement does not show that he asked A.10 as to when he was arrested,
how long he was in detention. He deposed that he does not remember
whether any ATS officer told him the date of arrest of the accused. He
did not ask them since when A.10 was in police custody. He did not ask
A.10 when he was arrested and for how many days he was in police
custody.

968. The above referred evidence of the concerned DCPs shows that
while granting cooling off period, it was granted mechanically, without
considering the period of their police custody. The DCPs have not
considered the purpose behind granting cooling off period by making
enquiry about the period of police custody. The purpose of making
such enquiry is to ensure that there is no scope for doubt of any sort of
extraneous influence proceeding from a source interested in the
prosecution still lurking in the mind of an accused.

VIII) The concerned DCPs did not look into the medical reports of
accused before recording confessional statements

969. The another challenge as regards voluntariness is on the ground
that even though the injuries were visible on the accused while
recording the confessional statements, the concerned DCPs did not
look into the medical reports relating to such accused, which ought to
have seen by the DCPs as the injuries are the evidence of torture and
even the slightest evidence of torture makes the confession
inadmissible.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
404

970. Learned SPP has argued that, during the custody period, the
accused were medically examined from time to time as per the mandate
of law and concerned doctors were also examined and the medical
certificates were exhibited. There is no record to show that condition of
any of the accused had deteriorated that they needed to be hospitalized
or that they were required to be examined extensively in fact all of them
were examined for 5 mins each which is the normal way of routinely
examining any person in the ordinary course. It is, therefore, submitted
that it is too much to doubt this contemporaneous record to say that
the DCPs failed to follow the safeguards.

971. In the case of Emperor vs. Nazir and others, reported in AIR
1933 All 31, the Allahabad High Court held thus: –

” … It is impossible for the accused, even if he is defended, to adduce
any reliable direct evidence of maltreatment or inducement while he
was in the police custody. His allegations, when put to the
investigating officers, are naturally denied. But the matter should
not be allowed to rest there. The Judge, with whom the
responsibility lies for acting upon the confession, should satisfy
himself by putting searching questions to such witnesses as had
anything to do with the confession. The first question that ought to
strike every Judge is “why the accused made the confession?” It is
very important to ascertain, from those in whose custody the
accused was, the circumstances in which the question of confession
first arose, how the accused expressed his willingness to be placed
before the Magistrate and his readiness to make a confession.”

972. In the case of Bala Majhi vs. The State of Orissa, reported in
1951 SCC OnLine Ori 1, the Orissa High Court has held thus: –

“7. In considering the admissibility of a confession, there is a simple
test which can always be employed. The Ct will address itself to the
question “Is it proved affirmatively by the prosecution that the
confession was free & volumtary?”, that it was not preceded by any
inducement, threat ,or promise held out by ft. person in authority: if
so, whether the effect, of such inducement, threat, or promise had

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
405

clearly been removed before the settlement was made. In that case &
that case alone, the evidence of that statement is admissible. The
burden of proof always lies upon the prosecution.”

973. The Hon’ble Supreme Court of India, in the case of Rabindra
(supra), has carved out principles with regard to section 164 of Cr.PC.
It is held by the Hon’ble Supreme Court of India that the provisions of
section 164 of Cr.PC must be complied with not in form, but in
essence. It is held that before proceeding to record the confessional
statement, a searching enquiry must be made from the accused as to the
custody from which he was produced and the treatment he had been
receiving in such custody in order to ensure that there is no scope for
doubt of any sort of extraneous influence proceeding from a source
interested in the prosecution.

974. We have already observed that such enquiry as regards the
safeguards provided to the accused, is to ascertain voluntariness of the
confessional statement. Therefore, it goes to the root of validity of
confessional statement as it is a settled law that confession which is
voluntary and true, is only admissible in law.

975. The inquiry relating to the period of police custody of accused
and the circumstances in which the question of confession first arose,
are relevant to be considered by the authority before recording the
confessional statement. In short, the authority has to get satisfied that
whether any torture or inducement was there which created such
circumstances for the accused to make confession. Therefore, the
authorities shall not only insist for medical examination of the accused
but shall also look into the reports of such medical examination reports

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
406

to ascertain whether there was any maltreatment or inducement which
would make the confession inadmissible. In the circumstances, we will
examine the oral testimony of the concerned DCPs to find out whether
such safeguards had been followed by them before recording the
confessional statements.

976. PW-93 DCP Phadtare deposed that a question asked to A.5 as
to whether he was medically examined, is not written. There is no
specific reason as to why he did not write those questions and answers.
He admits that, other than the confessional statements and
correspondence produced by him, there is no other contemporaneous
record about his recording the confessional statements. During the
recording of A.5’s statement, he told him that he wished to examine his
body. A.5 said no, saying that nothing has happened to him. There is
no reason why this is not mentioned in Part-I and Part-II.

977. Contrary to the above statement, PW-93 claims that he
examined A.5’s body and denied that there was a swelling on his feet
and tenderness in thighs. However, the medical examination of A.5 on
admission into Byculla Jail shows swelling on A.5’s foot and tenderness
on both thighs.

978. Thus, it is evident that PW-93 did not try to find out was there
any maltreatment or torture to A.5 before recording his confessional
statement. The record amply suggests that A.5 was tortured. In the
circumstances, it can be said that PW-93 failed to follow the safeguards,
in essence.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
407

979. PW-102 DCP Mohite deposed that PSI Gangurde told him that
he had got A.2 medically examined and he was given food and water
on time and the other directions were complied.

980. PW-102 further deposed that he asked A.2 preliminary
questions as to whether he was medically examined and whether he was
given meals on time.

981. From the above referred oral evidence of PW-102, it appears
that except asking PSI Gangurde whether A.2 was medically examined,
he did not take further pains to look into the medical reports or to
examine the body of A.2.

982. PW-102 deposed that it is necessary to find out whether the
accused is tortured or harassed by the police. One of the ways to find
out it is to see whether he has any body injury. He did not try to find it
out in this manner on 25/10/06. He cannot say whether he will be
shocked to know that when the doctor examined A.7 and found 8-10
injuries on A.7. He admits that there is no mention in Exh.1037 (Part-II
of A.7’s Confession) that he had ascertained from the police officer as to

whether A.7 was medically examined.

983. A.7’s medical reports suggest causing torture to him in police
custody. PW-102 not only failed to look into the medical report of the
medical examination carried out just before Part-I and Part-II of the
confessional statement of A.7, but he went to the extent of saying that
he cannot say whether he will be shocked to know when the doctor
examined A.7 and found 8-10 injuries on A.7. This statement of PW-
102 shows the approach he had to ascertain voluntariness.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
408

984. PW-104 deposed that he asked A.4 whether he had any
difficulty and whether he had any necessity of medical aid. A.4 said no
and stated that his medical examination was done. The intention
behind asking the accused as to whether he was beaten, threatened,
induced or promised was to ascertain whether he was really intending
to make the confessional statement voluntarily. He did not feel it
necessary to examine the body of A.4 to ascertain whether he had been
physically tortured.

985. The oral testimony of PW-104 repeats the story of not
ascertaining whether there was any torture or maltreatment to A.4
before recording his confessional statement.

986. PW-113 DCP Choubey deposed that he had instructed the
escort officer to take A.1 for medical examination, after Part-I. This
shows that, when A.1 was produced for Part II of his confession, the
DCP, except enquiring with the escort officer whether his instructions
had been complied with or not, did not verify as to whether his said
instruction was seriously followed and as to whether the accused was
tortured or induced, to make the confessional statement.

987. It is to be noted that the record shows that on the day when
A.1’s confession was recorded, A.1 was suffering from a scrotal
haematoma. During his medical examination after Part-I, A.1 stated to
the medical officer (PW-183) that he was suffering from renal trauma.
Further, the medical certificate notes that the patient has a history of
renal trauma but relevant papers from KEM hospital have not been
brought. PW-183 also admits that spermatic haematoma could be easily
seen if the accused was asked to remove his clothes.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
409

988. Thus, had the DCP seen the medical papers or conducted the
bare minimal enquiry about the presence of injuries, the presence of
the spermatic haematoma would have been obvious to him.

989. PW-117 nowhere states in his oral evidence that he examined
A.3 and A.12’s medical papers. In fact, he only proceeded on the basis
that the escorts had informed him that the examination has been done.

990. PW-118 DCP Dumbre deposed that he did not express his
desire to examine the body of A.10 and he did not do so. He does not
state that he perused A10’s medical papers. He is even unable to say
when A10’s medical examination was conducted.

991. From the above referred oral testimonies of the concerned
DCPs, we have reached to the conclusion that they failed to follow the
mandate of law as regards the safeguards provided while recording
confessional statement of the accused. None of the DCPs tried to
ascertain the circumstances, including was there any maltreatment or
inducement in which the question of confession first arose. Therefore,
the confessional statements would come under the shadow of doubt
whether they were voluntarily given.

CONFESSIONAL STATEMENTS

992. The expression ‘confession’ has not been defined in the evidence
act. It, however, occurs under the category of admissions and as a
definition given by Justice Stephen in Article 21 of his digest of the
Law of Evidence, which says that a confession is an admission made at
any time by a person charged with a charge stating or suggesting the
inference that he committed that crime.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
410

993. In the case of Regina vs. William Baldry, reported in (1852) 2
DEN 430, certain observations made by eminent Judges are noted with
the views of Lord Campbell CJ and Mills J, which read thus: –

“Lord Campbell C. J. – I doubt whether the rule excluding
confessions made in consequence of an inducement held out,
proceeds upon the presumption that the confession is untrue, but
rather that it would be dangerous to receive such evidence, and that
for the due administration of justice it is better that it should be
withdrawn from the consideration of the jury
Mills J. The law assumes that a man may falsely accuse himself upon
the slightest inducement.

The law is suspicious in the highest degree of confessions; it suspects
that it does not get at the truth as to the way in which they are
obtained
The slightest hope of mercy to induce a prisoner to disclose is
enough to render the statement inadmissible; (Rex v Thomas, 6 Car
& P 353, Patteson J.)
It is remarked by Blackstone, 4 Bla. Com 357, even in cases of
felony, at the common law they are the weakest and most suspicious
of all testimony, ever liable to be obtained by artifice, false hopes,
pronuses of favour, or menaces, seldom remembered accurately, or
reported with due precision; and incapable in their nature, of being
disproved by other negative evidence The law, therefore, distrusts
confessions in criminal cases.

In Hardress’ Rep 139, referred to in Gilbert, Ev. 123 (see Sedgwick’s
edition), where it is said to be contrary to natural justice for a man to
be obliged to accuse himself, and the law on the subject seems to be
none other than the application of the maxım nemo tenetur prodere
seipsum The law does not suppose a man to be guilty till he is
proved to be so.”

994. Similarly, some important observations of eminent jurists are
reproduced herein under:

A) A self-criminating statement cannot be evidence against a
prisoner if he have made it under any expectation of advantage
or fear of injury. A qualification of this doctrine was introduced
by Patteson, J., in Reg. v. Taylor, viz., that the inducement or

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
411

threat must be made by some person in authority. (Reg. v. Gillis

(a), reported in 1866 Criminal Law Cases 69)

B) LORD COLERIDGE, C.J.: – The rule laid down in William
Oldnall Russell on Crimes, 5th ed. 1877 vol. iii. pp. 441, 442, is,
that a confession, in order to be admissible, must be free and
voluntary: that is, must not be extracted by any sort of threats or
violence, nor obtained by any direct or implied promises,
however slight, nor by the exertion of any improper influence.

(Reg. v. Fennell, reported in 1881QBD Vol.VII 147)

C) There are three conditions necessary to render a confession
inadmissible (1.) The existence of a charge made against, or a
suspicion attached to, a prisoner. (2.) The presence of a person
in authority. (3.) Some reason to infer that the admission is
made under the influence of hope or fear, sanc- tioned in some
way by such person in authority. (Reg. v. Gillis (a), 1866 Cri.
Law Cases 69)

D) Lord Cave J: – I always suspect these confessions, which are
supposed to be the offspring of penitence and remorse and
which nevertheless are repudiated by the prisoner at the trial. It
is remarkable that it is of very rare occurrence for evidence of a
confession to be given when the proof of the prisoner’s guilt is
otherwise clear, and satisfactory, but when it is not clear and
satisfactory, the prisoner is not infrequently alleged to have been
seized with a desire, born off penitence and remorse, to
supplement it with a confession a desire which vanishes as soon

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
412

as he appears in a court of justice. (R .v. Thompson (1893) 2 QB

12)

E) It is common knowledge, as observed by Lord Cave, that
evidence of confession is only imported when the other
evidence against the accused is weak. (Mst. Bhagan v. State of
Pepsu AIR 1955 Pepsu 33)

995. The above referred observations by the eminent Jurists, right
from 1852, would help us to appreciate and consider the confessional
statements of the accused in this case.

996. In this case, the defence raised challenge to the confessional
statements mainly on two grounds namely,
I) the statements suffer from trustworthiness and completeness
and
II) the statements vitiate because of the torture inflicted on
accused to extort confession.

997. Accordingly, we advert upon these challenges in the following
paras.

I) The Confessional Statements Suffer From Trustworthiness And
Completeness

998. Before examining the truthfulness of the confessional
statements, the important fact needs to be noted that all the accused
who allegedly gave confessional statements retracted the same. It is
further important to note that all the accused have retracted their

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
413

respective confessional statements at the earliest opportunity after they
were transferred to judicial custody from the police custody.

999. The chart given herein under would indicate the relevant dates
when the accused were transferred to judicial custody and the date on
which they retracted their confessional statements.


                                         CHART NO. 42

                                   Date of
                                                                    Date of          Date of
                                Conclusion of    No. of Days
Sr.        Name of the                                            transfer to       Retraction
                                  Part-II of      in Police
No.         Accused                                                 Judicial         Before
                                Confessional      Custody
                                                                   Custody            Court
                                 Statement

        A.1 - Kamal
1.      Ahmed      Mohd.            05.10.2006    76 Days         09.10.2006       09.10.2006
        Vakil Ansari

        A.2 - Dr. Tanveer
2.      Ahmed      Mohd.            05.10.2006    75 Days         09.10.2006       09.10.2006
        Ibrahim Ansari

        A.3 - Mohd.
3       Faisal    Ataur             06.10.2006    70 Days         09.10.2006       09.10.2006
        Rehman Shaikh

        A.4 - Ehtesham
4.      Qutubuddin                  07.10.2006    56 Days         09.10.2006       09.10.2006
        Siddiqui

        A.5 -        Mohd.
5.      Majid        Mohd.          25.10.2006    26 Days         26.10.2006       09.11.2006
        Shafi

        A.6 - Shaikh Md.
6.                                  25.10.2006    26 Days         26.10.2006       09.11.2006
        Ali Alam Shaikh

        A.7 - Mohd Sajid
7.                                  25.10.2006    26 Days         26.10.2006       26.10.2006
        Margub Ansari

        A.9 - Muzzammil
8.      Ataur   Rehman              05.10.2006    70 Days         09.10.2006       09.10.2006
        Shaikh

9.      A.10     -    Sohail        06.10.2006    73 Days         09.10.2006       09.10.2006




     ::: Uploaded on - 21/07/2025                              ::: Downloaded on - 21/07/2025 22:30:29 :::
                                     414

       Mehmood Shaikh

       A.11 - Zameer
10.    Ahmed Latifur             05.10.2006    72 Days       09.10.2006       09.10.2006
       Rehman Shaikh

       A.12 - Naveed
11.                              25.10.2006    24 Days       29.10.2006       09.11.2006
       Hussain Khan

1000. There is a mistake committed by the trial Court while recording
in the judgment that A.5 – Majid has not retracted. In fact, A.5 has
retracted. The said error was committed due to the name ‘Mohammed
Majid’ written in place of ‘Mohammed Sajid’.

1001. Before examining the confessional statement, let us reiterate the
law on retracted confessional statements. The Hon’ble Supreme Court
of India, in the case of Aloke Nath Dutta v. State of W.B , (2007) 12
SCC 230, has held thus: –

“96. …Considering the guarantee under Article 20(3) and also
humanising standards under Article 21 we need to tread cautiously
while construing retracted confession. Although such caution is
subject to some exceptions such as per se evidence of the motivating
factors of retraction or retraction based on extraneous circumstances.

105. …In a case where confession is made in the presence of a
Magistrate conforming the requirements of Section 164, if it is
retracted at a later stage, the court in our opinion, should probe
deeper into the matter. Despite procedural safeguards contained in
the said provision, in our opinion, the learned Magistrate should
satisfy himself whether the confession was of voluntary nature. It has
to be appreciated that there can be times where despite such
procedural safeguards, confessions are made for unknown reasons
and in fact made out of fear of police.

111. …However, we are not unmindful of the fact that in this
country, retractions are as plentiful as confessions. In a case of
retracted confession, the courts should evidently be a little slow in
accepting the confession, although the accused may not be able to
fully justify the reasons for his retraction.”

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
415

1002. The Hon’ble Supreme Court of India, in the case of K.I.
Pavunny..vs.. Assistant Collector (HQ), Central Excise Collectorate,
Cochin reported in (1997) 3 SCC 721, has held thus: –

“It would thus be seen that there is no prohibition under the
Evidence Act to rely upon the retracted confession to prove the
prosecution case or to make the same basis for conviction of the
accused. The practice and prudence require that the Court could
examine the evidence adduced by the prosecution to find out
whether there are any other facts and circumstances to corroborate
the retracted confession. It is not necessary that there should be
corroboration from independent evidence adduced by the
prosecution to corroborate each detail contained in the confessional
statement. The Court is required to examine whether the
confessional statement is voluntary; in other words, whether it was
not obtained by threat, duress or promise. If the Court is satisfied
from the evidence that it was voluntary, then it is required to
examine whether the statement is true. If the Court on examination
of the evidence finds that the retracted confession is true, that part of
the inculpatory portion could be relied upon to base conviction.
However, the prudence and practice require that Court would seek
assurance getting corroboration from other evidence adduced by the
prosecution.”

1003. The Hon’ble Supreme Court of India, in the case of Navjot
Sandhu (supra) has held thus: –

“Retracted confession, however, stands on a slightly different
footing. As the Privy Council once stated, in India it is the rule to
find a confession and to find it retracted later. A court may take into
account the retracted confession, but it must look for the reasons for
the making of the confession as well as for its retraction, and must
weigh the two to determine whether the retraction affects the
voluntary nature of the confession or not. If the court is satisfied that
it was retracted because of an afterthought or advice, the retraction
may not weigh with the court if the general facts proved in the case
and the tenor of the confession as made and the circumstances of its
making and withdrawal warrant its user. All the same, the courts do
not act upon the retracted confession without finding assurance
from some other sources as to the guilt of the accused. Therefore, it
can be stated that a true confession made voluntarily may be acted
upon with slight evidence to corroborate it, but a retracted
confession requires the general assurance that the retraction was an
afterthought and that the earlier statement was true.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
416

Retracted confession must be looked upon with greater concern
unless the reasons given for having made it in the first instance are
on the face of them false”

Retracted confession is a weak link against the maker and more so
against a co-accused. With great respect to the eminent Judge, the
comment that the retracted confession is a “weak link against the
maker” goes counter to a series of decisions. The observation must
be viewed in the context of the fact that the court was concentrating
on the confession of the co-accused rather than the evidentiary value
of the retracted confession against the maker.

34. …A retracted confession may form the legal basis of a conviction
if the court is satisfied that it was true and was voluntarily made. But
it has been held that a court shall not base a conviction on such a
confession without corroboration. It is not a rule of law, but is only
rule of prudence. It cannot even be laid down as an inflexible rule of
practice or prudence that under no circumstances can such a
conviction be made without corroboration, for a court may, in a
particular case, be convinced of the absolute truth of a confession
and prepared to act upon it without corroboration; but it may be laid
down as a general rule of practice that it is unsafe to rely upon a
confession, much less on a retracted confession, unless the court is
satisfied that the retracted confession is true and voluntarily made
and has been corroborated in material particulars.”

35. …That each and every circumstance mentioned in the retracted
confession regarding the complicity of the maker need not be
separately and independently corroborated… It would be sufficient,
in our opinion, that the general trend of the confession is
substantiated by some evidence which would tally with what is
contained in the confession.

37. …The expression ‘corroboration of material particulars does not
imply that there should be meticulous examination of the entire
material particulars. It is enough that there is broad corroboration in
conformity with the general trend of the confession”

1004. In the case of Queen-Empress v. Mahabir, reported in 1895
SCC OnLine All 84, the Allahabad High Court held thus: –

“The mere fact that a confession has been subsequently retracted
will not make it inadmissible against the accused. But before a Court
can act upon such confession it must be satisfied as to its truth.
Having regard to the fact that it not unoften happens that an
accused person is forced or cajoled by the police into making
confessions, it is the more necessary that a Court should be satisfied
beyond reasonable doubt that the statements contained in the
confessions of the accused are true.”

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
417

1005. In the case of Emperor v. Krishna Babaji Chavan, reported in
AIR 1933 BOM 230, this Court held thus: –

“6. … Now it is obvious that the retractation of a confession is a
circumstance of very varying importance. Its significance depends
on the nature of the confession, the circumstances in which it was
made, the circumstances in which the retractation was made, and the
nature of the retractation. If a full and detailed confession is made in
circumstances which make it unlikely that it was the result of
coercion or inducement, the fact that it is subsequently retracted
may mean little or nothing : for the making of the confession can
hardly be explained except on the hypothesis that it is true, whereas
the retractation may easily be explained as an act of policy, the result
of legal advice or the pressure of friends or the suggestion of more
sophisticated associates in the lock-up. If a confession is retracted at
the earliest opportunity more weight may fairly be attached to it
than if the accused waits until the Sessions trial; and a retractation
which takes the form of a mere denial of the fact of making the
confession can hardly ever be given the same importance as one
which admits the making of the confession but explains it as due to
coercion or illegal inducement. If there is anything in the evidence
which lends support to a suggestion of the latter kind, the confession
must always be most carefully scrutinised and the Court should be
cautious about relying upon it. That I take to be the real effect of the
retractation of a confession. It does not cancel out the confession,
but it puts the Court on inquiry as to its value, its voluntary
character and the probability of its being true. And that is why it has
been laid down frequently by the Courts that as a general rule a
retracted confession requires corroboration of some kind, although
as a matter of law corroboration is not necessary at all as was pointed
out by this Court in Emperor v. Rama Kariyappa . But the amount
of corroboration which the Court will look for depends on the
circumstances of the particular case, and sometimes very slight
corroboration will suffice.”

1006. The High Court of Pepsu, in the case of Mst. Bhagan (supra) has
held thus:-

“58. Assuming that these confessions were voluntary, as they were
retracted by the prisoner, it is necessary to look for an independent
corroborative evidence. The weight to be attached to such
confessions depends upon the circumstances under which they were
made and later retracted including the reasons given by the prisoner
for retracting them. The circumstances under which these

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
418

confessions were obtained from the convict have already been
narrated in detail. In my opinion, in the circumstances of this case,
it is not safe to act upon the retracted confession as it is not possible
to come to the unhesitating conclusion.

60. In another authority of the Supreme Court reported in
Muthuswami v. State of Madras‘, 1951 SCC 1020: AIR 1954 SC 4
(G), it was held,
“No hard and fast rule can be laid down regarding the necessity of
corroboration in the case of a retracted confession in order to base a
conviction thereon. But apart from the general rule of prudence
where the circumstances of a particular case cast a suspicion on the
genuineness of the confession it would be sufficient to require
corroboration of the retracted confession.”

1007. It is, thus, evident from the above referred exposition in law that
mere fact that the confession has been subsequently retracted, will not
make it inadmissible against the accused. It depends on the nature of
the confession, the circumstances in which it was made, and the nature
of retraction. If a full and detailed confession is made in circumstances
which make it unlikely that it was the result of coercion or inducement,
the fact that it is subsequently retracted may mean little or nothing.

1008. If a confession is retracted at the earliest opportunity more
weight may fairly be attached to it than the accused waits until the
Sessions Trial. If the court is satisfied that it was retracted because of an
afterthought or advise, the retraction may not weigh with the court. All
the same, the courts do not act upon the retracted confession without
finding assurance from some other sources as to the guilt of the
accused, in other words, corroboration. It is not a rule of law but is only
a rule of prudence.

1009. Since we have seen in this matter that all the accused have
retracted their confessional statements, we proceed to examine each of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
419

the confessional statements by keeping in mind the above referred well
settled principles of law, as regards retracted confessional statements.
However, before that it is necessary to look into the law as regards to
the truthfulness of the confessional statements.

1010. In the case of Devender Pal Singh ..vs.. State of NCT of Delhi
And Anr., reported in (2002) 5 SCC 234, the Hon’ble Supreme Court
of India has held thus: –

“31. … So the crux of making a statement voluntarily is, what is
intentional, intended, unimpelled by other influences, acting on
one’s own will, through his own conscience. Such confessional
statements are made mostly out of a thirst to speak the truth which
at a given time predominates in the heart of the confessor which
impels him to speak out the truth. Internal compulsion of the
conscience to speak out the truth normally emerges when one is in
despondency or in a perilous situation when he wants to shed his
cloak of guilt and nothing but disclosing the truth would dawn on
him. It sometimes becomes so powerful that he is ready to face all
consequences for clearing his heart.”

1011. The Hon’ble Supreme Court of India, in the case of Bharatbhai
(supra), has held thus: –

“22. … Section 24 provides that a confession made by an accused
person is irrelevant in a criminal proceeding, if the making of the
confession appears to the Court to have been caused by any
inducement, threat or promise, having reference to the charge
against the accused person, proceeding from a person in authority
and sufficient in the opinion of the Court, to give the accused
person grounds, which would appear to him reasonable, for
supposing that by making it he would gain any advantage or avoid
any evil of a temporal nature in reference to the proceedings against
him. Article 20(3) of the Constitution of India provides that no
person accused of any offence shall be compelled to be a witness
against himself.”

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
420

1012. In the case of Navjot Sandhu (supra), the Hon’ble Supreme
Court of India has held thus: –

“27. … Section 24 lays down the obvious rule that a confession
made under any inducement, threat or promise becomes irrelevant
in a criminal proceeding. Such inducement, threat or promise need
not be proved to the hilt. If it appears to the court that the making of
the confession was caused by any inducement, threat or promise
proceeding from a person in authority, the confession is liable to be
excluded from evidence. The expression “appears” connotes that the
court need not go to the extent of holding that the threat, etc. has in
fact been proved. If the facts and circumstances emerging from the
evidence adduced make it reasonably probable that the confession
could be the result of threat, inducement or pressure, the court will
refrain from acting on such confession, even if it be a confession
made to a Magistrate or a person other than a police officer.”

1013. The Hon’ble Supreme Court of India, in the case of Aloke Nath
Dutta (supra) has held thus: –

“87. Confession ordinarily is admissible in evidence. It is a relevant
fact. It can be acted upon. Confession may under certain
circumstances and subject to law laid down by the superior judiciary
from time to time form the basis for conviction. It is, however, trite
that for the said purpose the court has to satisfy itself in regard to: (i)
voluntariness of the confession; (ii) truthfulness of the confession;

(iii) corroboration.

89. A detailed confession which would otherwise be within the
special knowledge of the accused may itself be not sufficient to raise
a presumption that confession is a truthful one. Main features of a
confession are required to be verified. If it is not done, no conviction
can be based only on the sole basis thereof.

90….The confession is a long and rambling one which could have
been invented by an agile mind or pieced together after tutoring.
What would have been difficult is to have set out a true set of facts
in that manner. But unless the main features of the story are shown
to be true, it is, in our opinion, unsafe to regard mere wealth of
uncorroborated detail as a safeguard of truth.”

1014. The contention of the defence is that the confessions of the
accused, though replete with many minor details like the accused
traveling to Pakistan via Iran, connections to Lashkar-e-Taiba, and
training camps, the confessions are contrastingly and strangely silent on

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
421

crucial elements of the present offence. A genuine confession from the
actual assailant should reveal significantly more information than the
investigating agencies possess. However, though the Prosecution has
claimed to have recorded confessional statements of 11 accused persons
who allegedly admitted to their role in conceptualising, planning,
recruiting, preparing and orchestrating bomb blasts in seven local
trains, neither the accused themselves or the investigators seem to
know anything about such basic issues.

1015. Learned Counsel Ms. Payoshi Roy states that one of the main
tests to ascertain the truthfulness of any confession is examining the
depth of information it provides. Thus, ascertaining the truthfulness of
a confession depends on whether it includes insights that go
significantly beyond the investigating agency’s existing knowledge. If
the information held by the confessor merely matches that of the
investigators, if they are identical, then it raises serious concerns. Ms.
Roy further states that, in the present case, we see that what is unknown
to the ATS is also unknown to the accused.

1016. On the other hand, learned SPP argued that the detailed
narration made by each of the accused itself is sufficient to show its
truthfulness. It is argued that no one can create a story with such
precision and minute details, as narrated by the accused. It is, therefore,
submitted that the challenge to the confessional statements is baselss.

1017. In light of the rival submissions and law discussed, it would be
appropriate at this juncture to appreciate and go through each and
every confession to analyse its truthfulness and completeness.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
422

A.1 – Kamal Ansari

1018. A.1 – Kamal was arrested on 20/07/2006 in Cr. No. 77/2006 in
Mumbai Central Railway Police Station. He was in police custody for
76 days before recording of his confessional statement. According to
him, his confessional statement is the outcome of the torture inflicted
on him.

1019. The record shows that the last application for seeking remand
was moved by the prosecution on 25/09/2006, i.e., on the next day of
invocation of provisions of MCOCA. In this application, it was the
case of the prosecution that “considering the widespread tentacles of
the organized crime syndicate, and the way in which the entire
continuing unlawful activities are being carried out with immaculate
precision without leaving behind any trail, a thorough investigation is
required to be done, for which, custodial interrogation of the accused
persons is absolutely essential.”

1020. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is
required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

1021. In the above backdrop, it may be considered that, after 9 days of
the above referred remand application, Part-I of the confessional
statement of A.1 was recorded on 03/10/2006, and the Part-II, on 4 th
and 5th October 2006. This shows that, just within few days from the
last application of remand, A.1 allegedly gave the confessional
statement.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
423

1022. The prosecution could not bring on record the reason for giving
that statement by A.1 after a prolonged custody of 76 days. And,
particularly when, there was no sufficient evidence available with the
prosecution.

1023. According to A.1, it was because of torture. He immediately at
the earliest opportunity after he was referred to judicial custody
retracted the statement.

Confessional Statement of A.1 – Kamal Ahmed Mohd. Vakil Ansari
मेरा पुरा नाम कमाल अहमद मोहम्मद वमिकल अन्सारी है. मिपताजी का नाम स्व. मोहम्मद
वकील अंसारी है. मैं ग्रा. / पोस्ट-बासू पट्टी, जिजला-मधुबनी, रा. मिबहार का रहनेवाला हूँ।
अभी मैं मुगा* बेचने का काम करता हूँ. मेरे साथ गाव मे मेरी बीवी तबस्सुम सुलताना, मेरी
माँ समिहदमिु नसा, चार बेटे अब्दल्ल
ु ा, ओबेदल्ल
ु ा, अब्दरु रहमान और सुमिफयान और एक बेटी
मरिरयम खातुन रहते है.

मेरे मिपताजी कानपुर में ऑड* नान्स फैक्टरी में काम करते थे। मेरी माँ और सब भाई बहन
गाँव में रहते थे। मिपताजी बीच में गाँव आया करते थे। मिपताजी 1983 में रिरटायड* होकर
गाँव में आकर हमारे साथ रहने लगे। पेंर्शीन में करीब सौ रूपये मिमलते थे जिजससे घर का
खचा* नही चलता था। इस व्हिलए माँ बीडी बनाती थी और मिपताजी बरसात में छाता बनाते
थे।

मैं पहले क्लास से पॉचवे क्लास तक गाँव बासुपट्टी के प्राथमिमक मिवद्यालय में 1980 से 1985
तक पढ़ाई की। छठी और सातवी क्लास मिमडल स्कुल बासुपट्टी मे ही 1986 से 1987 तक
पढाई की। आठवी क्लास में गरीबी के कारण स्कुल छोडकर गाँव के ही नादीर हुसैन टेलर
के पास टेलरींग जिसखने लगा ।

करीब एक साल में टेलरिंरग जिसखने के बाद जादा पैसा कमाने के व्हिलए 1989 में मिदल्ली चला
गया। उस समय मेरा बडा भाई र्शीमिकल अहमद मिदल्ली के गोहिंवदपुरी में कुतुबुददीन मास्तर
के फॅक्टरी में कपडे जिसलने का काम करता था। मिफर मैं भी वही काम करने लग गया।
इसके बाद करीब सन 2000 तक मै मिदल्ली में अलग अलग पन्द्रह से ज्यादा गारमेंट
फॅक्टरी में काम मिकया। करीब चार फॅक्टरी मे ज्यादा मिदन काम मिकया और बाकी जगह
थोडे थोडे मिदन काम मिकया। जिजस फैक्टरी में ऑड* र खत्म हो जाता था तो मिफर दस ु री
फैक्टरी में जाना पडता था। इस दौरान एक वष* छोडकर बाकी समय गोहिंवदपुरी इलाके में
ही रहते थे। करीब एक वष* मंगोलपुरी में रहता था।

इसी बीच मेरा मिनकाह तबस्सुम सुलताना उफ* तबस्सुम र्शीीरी के साथ 06/12/1994 को
दरभंगा में हुआ। मिनकाह के स1वा ममिहने पहले मैं गाँव आया था और मिनकाह के करीब 25
मिदन बाद मिफर से काम करने के व्हिलए मिदल्ली चला गया।

मेरे गाँव से डेढ मिकलो मीटर दरु बलकटवा गाँव है। बलकटवा के डॉ. जोहर अन्वर
जवाहरलाल नेहरू युमिनव* जिसटी के प्रोफेसर है। मिदल्ली में मेरे साथ रहनेवाला अनवर, जो
मिक मेरे ही गाँव का था, ने मेरी जान पहचान डॉ. जोहर अनवर से करवाई। वैसे वे मेरे
मिपताजी को जानते थे। डॉ जोहर अनवर हमें मिबमार होने पर मुफ्त में होमिमयोपेथी की दवा

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:29 :::
424

देते थे। उनके सौतेले छोटे भाई हामिफज जुबरै मिपता का नाम समसुल हक उमर करीब
चालीस वष* (अभी) को मैं जानता था। मेरा उससे कोई नजदीकी का रिर^ता नही था।
1997 साल के जनवरी में हामिफज जुबरै हमलोगों के पास अब्दल्ल ु ा उमर करीब 35 वष*
और हुसैन उमर करीब 35 वष* ऐसे दो लोगों को लेकर आया। उसने बताया की ये लोग
बनारस से मिदल्ली काम खोजने के व्हिलए आये। इनको जगह मिमलने तक अपने पास रखलो।
दो-तीन मिदन वे हमारे साथ रूके और उसके बाद उसी मिबल्डींग में जमीनवाले मंजिजल पर
रहने लग गये। करीब एक सप्ताह के बाद मैं अब्दल्ल ु ा और हुसैन के ही कमरे में रहने लग
गया। यह मिबल्डींग गोहिंवदपुरी के सात नम्बर गली मे था।
वहाँ हम लोग करीब ढाई ममिहने और रहे। हमारा तीनों का खचा* हम मिमल बॉट कर करते
थे। घर में पानी कम आने के कारण यह घर छोडकर हमलोग 13 नम्बर गली, गोहिंवदपुरी में
चले गये। वही पर एमिप्रल / मई में अब्दल ु ा और मेरे बीच में रार्शीन के पैसे को लेकर लडाई
हो गई। उस समय वहाँ गली में पुलीस आई थी। उसने हमें गोहिंवदपुरी पोलीस स्टेर्शीन मे ले
जाकर समझा बुझाकर छोड मिदया। इस घटना के बाद मैं अलग होकर अपने भाई के साथ
जाकर रहने लग गया। बाद मे मुझे पता चला की अब्दल ु ा मेरे गाँव में जाकर मेरे मिपताजी के
साथ 2-3 मिदन रहकर आया था। यह जानकरी मेरे गाँव का रहनेवाला व्हिलयाकत अनसारी,
जो की मिदल्ली में ही काम करता था, ने मुझे मिदया था।

27 फरवरी को मेरे छोटे भाई जमाल अहमद ने गाँव से फोन करके बताया की मिपताजी
मिबमार है। मै तुरत ं गाँव पहुँचा । उनपर नबाब मेमोरिरयल हास्पीटल में इलाज चल रहा था।
19/3/1998 को मिपताजी का इंतकाल हो गया। उसके बाद 5/6 ममिहने मैं गाँव मे ही रहा
था। मिदल्ली से जब गाँव के लोग वापस आये तो उन्होने बताया की हमारे साथ रहनेवाले
अब्दल्लु ा और हुसैन मिदल्ली के आय.टी.ओ. बाम्ब मिवस्फोट में पकडे गये है। वे बनारस के
नही बल्की पामिकस्तानी थे।

सन 2000 में मिवधान सभा चुनाव में आर.जे.डी. पक्ष का प्रचार करने के व्हिलए गाँव गया
था। चुनाव प्रचार रैली में इब्रामिहम राईन आकर मुझसे मिमलकर, वह हामिफज जुबरै का
दोस्त है, बताया । उसने बताया मिक हाफीज ने मुझे मिमलने के व्हिलए अगले मिदन काठमांडु में
बुलाया है। 09:00-10:00 बजे के दरम्यान मिनकलकर जनकपुर करीब 12:00 बजे
पहुँचा। वहाँ इब्रामिहम राईन मिमला और रात की बस से हम दोनो सुबह करीब 06:00 बजे
काठमांडु पहुँचे। काठमांडु बस अड्डेसे टैक्सी पकडकर हम जिसतापायला के एक घर में
पहुँचे । वहाँ हाफीज जुबरै और अब्दल ु रहमान वहाँ मिमले। हाफीज जुबरै ने कहा की तुम्हें
मदरसे के व्हिलए चंदा जमा करने के व्हिलए पामिकस्तान जाना है। इस एक ममिहने में तुम्हे
करीब रू.50,000/- मिमल जायेंगे, उसे हमलोग आधा आधा बॉट लेंगे। पासपोट* नही होने
के बारे में बोलने पर उसने फोटो मिनकाल कर व्हिलया और बताया की वह पासपोट* बनवा
देगा। उसने यह भी बताया की तुम्हारे साथ 3-4 लोग रहेंगे। एक ममिहने गाँव जाकर आने
व्हिलए कहा ।

एक ममिहने बाद मै वापस काठमांडु गया। वहाँ पर हाफीज जुबरै , अब्दल ु रहमान व इब्रामिहम
राईन वहाँ मिमले । हाफीज जुबरै ने मुझे पासपोट* , एक भरा हुआ फाम* और 400/- फी
मिदया और वही पामिकस्तानी अम्बेसी में जाकर व्हि1हसा लगाकर आने को कहा। मै करीब
11:00 बजे मिनकलकर करीब 11:30 बजे अम्बेसी पहुँचा। पासपोट* , फाम* और रू. 250/-
फी मिदया और करीब दो घंटे में व्हि1हसा लगाकर पासपोट* मिमल गया। यह पासपोट* , जो मुझे
हाफीज जुबरै ने मिदया था, नेपाल देर्शी का था। उसपर मेरा नाम कमाल अहमद और
मिपताजी का नाम मोहमद मुन्र्शीी व्हिलखा था।

हाफीज जुबरै ने इसके बाद मुझे रू.1500/- मिदए और बताया की तीन मिदन के बाद दरभंगा
रेल्वे स्टेर्शीन पर करीब 11:00 बजे इन्1कॉईरी के पास चार लोग मिमलेंगें । उनका हुव्हिलया
भी बताया । उसी मिहसाब से रेल्वे स्टेर्शीन पर करीब 11:00 बजे बताए हुए जगह पर चार

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
425

उनमेसे दो के नाम मुझे याद है। उनका नाम फैज और रशिर्शीद था। बाकी दो के नाम हमें
याद नहीं है। करीब तीन बजे के ट्रेन से मिनकलकर अगले मिदन र्शीाम को करीब चार बजे
मिदल्ली पहुँचा। वहाँ से करीब 08:00 बजे की ट्रेन से मिनकलकर सुबह 06:00 बजे अमृतसर
पहुँचे। वहाँ से बस से वाघा बोड* र पहुँचे। भारत के साईड में चेहिंकग कर के और स्टाम्प
मारकर पामिकस्तानी साईड गये। उस साईड भी उसी प्रकार मिकया गया। वहाँ से बस
पकडकर हम पाँचो लाहौर रेल्वे स्टे र्शीन करीब दोपहर बारह से एक के दरम्यान पहुँचे ।
वहाँ से हाफीज जुबरै ने मिदये फोन नम्बर पर लष्कर ए तोयबा के कमांडर असलम को
फोन मिकया। पी.सी.ओ. बुथवाले से असलम ने बात करके, पता मिनकालकर करीब पन्द्रह
मिमनीट में हमारे पास आ गया। असलम हम सबको लेकर टेम्पो से एक तीन मंजिजला
मकान में ले गया। उस मकान के कमरे में और सीढी पर लष्कर ए तोयबा के और हत्यारों
के पोस्टर लगे हुए थे। हम पाँचो को उसी रूम में बंद करके असलम बाहर जाकर पन्द्रह
मिमनीट में आया और हमारा पासपोट* लेकर पठाण सुट पहनने के व्हिलए मिदया। र्शीाम को
करीब साढे सात बजे असलम सबको मिनचे लेकर आ रहा था, उस समय खालीद सैफुल्ला
मिमला। वह भी लष्कर ए तोयबा का है ऐसा असलम ने बताया । गली में खडी एक बस मे
हम सबको मिबठाकर असलम और खालीद सैफुल्ला दोनो चले गये। बस करीब 08:00 बजे
रात को चलकर सुबह 08:00 बजे करीब मुजफराबाद पहुँची। बस से उतरने के बाद
करीब पन्द्रह मिमनीट चलकर, दो रूम जिजसपर लष्कर ए तोयबा का बोड* लगा हुआ था,
उसके सामने लाईन में खड़े हो गये। वहाँ असलम ने लाहौर में मिदया हुआ नाम हैदर
बताकर और उसने ही मिदए हुए पता का कागज देकर टेंट में बैठ गये ।
थोडी देर बाद करीब डेढ घंटा पहाडी पर पैदल चलकर उम्मुल कोडा नाम के ट्रेहिंनग पर
पहुँचे। वहाँ पर करीब डेढ सौ लोग ट्रेहिंनग के व्हिलए आये थे। सैफुल्ला कसुरी वहाँ का
इनचाज* था। उसे वहाँ अमीर करके बोलते थे।

ट्रेहिंनग में सुबह 04:00 बजे नमाज पढते थे। उसके बाद कुरान की पढाई होती थी। जिसफ*
दो मिदन, जब बारिरस नही हुई थी तो वर्जिजर्शी कराई गई थी। 01:00 बजे खाने का समय
होता था। 11:00 बजे और 05:00 बजे नमाज, मजहबी तकरीर और पुरे दमिु नया के
मुसलमानो पर होनेवाले जुल्म और नाइंसाफी के बारे में बताया जाता था। वही पर बाबरी
मश्किस्जद मिगराने पर और काश्कि^मर में मिहदस्ु तानद्वारा मुसलमानो पर मिकया जाने वाला
अत्याचार, ममिहलाओं का इज्जत लुटना, कत्ले आम करने के बारे में बताते थे। यह सब
सुनकर मिहदस्ु तान के व्हिखलाफ नफरत पैदा हो गयी थी। वापस आकर घातक कारवाई
करने की इच्छा तैयार हो गई थी। रूटीन के मिहसाब से रात को 08:30 बजे छोड मिदया
जाता था। बहुत ज्यादा ठंड होने के कारण उम्मुल खोडा में ट्रेहिंनग के दौरान पन्द्रह मिदनो में
मै मिबमार पड गया। मिफर खाव्हिलद सैफुला मुझे और बाकी साथ के चारों को लेकर नीचे
आकर जिजस कमरे में लष्कर ए तोयबा का बोड* था वहाँ पहुँचे । वहाँ से करीब 05:00 बजे
र्शीाम को बस पकडकर दस ु रे र्शीहर जिजसका नाम नही याद है , सुबह 10:00 बजे पहुँचे ।
वहाँ से मिफर रात में 07.30-08.00 बजे करीब बस पकडकर सुबह 07:30 बजे बहावलपुर
पहुँचे । वहाँ से मिपकअप वैन में मिपछे में मिनचे मिबठाकर करीब 12:00 बजे दोपहर में
रेगीस्तान में ट्रेहिंनग सेंटर में पहुँचे । वहाँ ट्रेहिंनग लेनेवाले हम पाँच लोग थे। वहाँ का इन्चाज*
महमुद था। उसके अलावा अमीर नाम का उस्ताद और एक बावच था। खालीद सैफुल्ला
भी वहाँ आता जाता रहता था।

वहाँ ट्रेहिंनग में 04:00 बजे नमाज और कुराण पढना पडता था। सुरज मिनकलने पर छह
मिकलो मीटर दौडने के व्हिलय जाना पड़ता था। उसके बाद पी.टी. और एक्सरसाईज होता
था। ना^ते के बाद तकरीर और मिकताब पढना होता था। 12:30 बजे खाने के व्हिलए छोडा
जाता था। दोपहर 03:30 बजे से एके-47 रायफल, रिर1हालवर और बाम्ब बनाने की
ट्रेहिंनग दी जाती थी। रात को 08:30 बजे नमाज के बाद छोड मिदया जाता था। रात को

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
426

बारी बारी से सबको संतरी का पहरा डयुटी करना पडता था। करीब पन्द्रह मिदन की वहाँ
की ट्रेहिंनग होने बाद मेरे साथ आये चार लोगोंने वहाँ चंदा जमा करने के व्हिलए आये थे
लेमिकन दस ु रा ही काम चालू है, हमें वापस भेज दो बोलने पर अमीर ने फैज को दो चाटा
लगाया और तुम्हे सबक जिसखाता हूँ बोला । अगले मिदन उसने चारोंको गायब कर मिदया।
दो-तीन मिदन के बाद वहाँ पाँच पंजाबी ट्रेहिंनग के व्हिलए आये। वहाँ मेरी दो ममिहने ट्रेहिंनग
चली। उसी दौरान अमीर ने मेरा और पंजाबी लडको का हशिथयार हात में लेकर फोटो
खीचा था। ट्रेहिंनग खत्म होने पर सैफुल्ला खालीद मिपक अप वैन लेकर आया और
वहावलपुर छोडा। वहाँ से रातभर बस से चलकर सुबह करीब सात बजे लाहौर पहुँचा।
बस अड्डे पर सैफुल्ला खालीद ने मुझे पासपोट* कपडा और रु.12,000/- मिदया। मिफर उसने
डायरेक्ट काठमांडू से जिजसने भेजा था, उसके पास जाकर मिमलने को कहा। वहाँसे बससे
मै वाघा बोड* र आकर बोड* र क्रॉस करके अमृतसर से र्शीाम को करीब चार-पाँच बजे रेल से
मिदल्ली आया। र्शीाम को करीब छह सात बजे मिदल्ली से चलकर करीब रात बारह बजे दरभंगा
पहुँचा । सुबह बस पकडकर जनकपुरा दोपहर में एक बजे करीब पहुँचा। वहाँसे र्शीाम को
बस पकडकर सुबह 05:30 बजे करीब काठमांडु पहुँचा । बस स्टैंड से शिर्शीतपायल आकर
हाफीज जुबरै के घर पर जाकर उससे मिमला।

वहाँ मै हाफीज जुबरै पर गुस्सा होकर बोला वहाँ मदरसा के चंदा के वजाए दहर्शीतवाद की
ट्रेहिंनग दी गई और जिसफ* रु.12000/-मिमले। उसने साथ गयें लोगों को भी गायब कर मिदया।
इसपर हाफीज जुबरै ने बोला मिक जो हुआ वह भुल जायो क्यों की उनलोगों ने तुम्हारी
फोटो ली है। उसने धमकाया की वह फोटो भारतीय पुलीस को दे देने पर मुझे फाँसी भी
हो सकती है। उसने नेपाली पासपोट* ले व्हिलया और दस मिदन बाद आकर मिमलने को कहा।
उसके बाद मैं घर जाकर बचे हुए पैसे घरपर देकर एक हप्ते बाद अप्रैल 2001 मे मिफर से
काठमांडू गया। वहाँ मै हाफीज जुबरै के नाईस ट्रॅ1हल्स के आफीस में काम करने लग
गया। वहाँ पर अब्दल ू रमिहमान और इब्रामिहम राईन भी थे। मुझे 3000/- तक पगार देता
था। करीब छह ममिहने बाद उस आफीस में सैफुल्ला खालीद मिमला। मुझे बाद में पता चला
की सैफुला खालीद ही नाईस ट्रॅ1हल्स चलवाता था। सैफुला खालीद ने मुझे थोडा
कम्प्युटर चलाना जिसखाया और ईमेल आयडी तयार करके मिदया। वो तीन आयडी

1)[email protected] 2)[email protected]

3)[email protected] थे. एक का पासवड* skbja था। यह मेरे भाईयो
के पहले नाम पर है। सैफुल्ला ने मुझे उससे ईमेल आय.डी. का इस्तेमाल करके सायबर
कॅफे से संपक* में रहने के व्हिलए बोला। उसने गरीब पढे व्हिलखे और जरूरतमंद लडको को
पामिकस्ताना जाकर चंदा जमा करने के नाम पर तैयार करके ट्रेहिंनग करने के व्हिलए तैयार
करके ईमेल से बताने के व्हिलए कहा। मुझे मिफर 3000/-रू. मिदया और मै गाँव चला आया।
मै लालच में आकर, मैने सैफुल्ला खालीद के कहने पर आपने साडु भाई (साली का पती)
अनवर उल हक, ग्राम/पो. बासुपट्टी, जिजला- मधुबनी, को पामिकस्तान भेज मिदया था। उसे
बताया था की पामिकस्तान में मदरसा के चंदा के व्हिलए जाने पर एक महीने में करीब चालीस
से पचास हजार रूपये मिमल जाते है जिजसमें से आधा उसे मिमल जायेगा। उसे हाफीज जुबरै
का फोन नंबर देके काठमांडु भेज मिदया। अगस्त 2001 में वह पामिकस्तान चला गया।
करीब स1वा दो ममिहने बाद वह वापस आ गया और मुझपर बहुत गुस्सा मिकया। कसम
देकर मुलक के व्हिखलाफ ये सब काम बंद करने को कहा। बाद में मैने उसका नेपाली
पासपोट* चुल्हे में डालकर जला मिदया।

इस दरम्यान मै इब्रामिहम राईन और सैफुल्ला से कम्प्युटर के द्वारा संम्पक* में रहता था।
बहुत समय वे लोग पन्द्रह बीस मिदन पहले ही डेट और टाईम बता देते थे। उस समय तुरत ं
तुरत ं मेसेज आ और चला जाता था। कभी कभी वे उपलब्ध नहीं रहते थे तो जिसफ* उनका
मेसेज रहता था।

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
427

करीब एक साल में, सेप्टेंबर 2002 तक इब्रामिहम ने टाईम टाईम पर मुझे 75000/-
रू.मिदये। लेमिकन मैने एक भी लडके को ट्रेहिंनग के व्हिलए नहीं भेजा। इस दरम्यान उसने मुझे
मिदल्ली जाने के व्हिलए कहा और वहाँ एक नंम्बर पर हैदर के नाम से फोन करने के व्हिलए
कहा। ऐसा करने पर मुझे 20,000/-रू. और एक ए.के.-47 देगा. यह मैसेज मुझे कम्प्युटर
पर मिमला था। इस काम के व्हिलए मै 02/10/2006 को करीब 03:30 बजे दोपहर को मिदल्ली
पहुँच कर अपने साडु अनवर उल हक के घरं पहलादपुर बदरपुर बाड* र के यहाँ रूक गया।
सुबह मिदए हुए नम्बर पर फोन कर के सुबह 09:30 बजे पारस जिसनेमा हाल के पास, नेहरू
प्लेस पर मिमलना तय हुआ। वहाँ एक आदमी आकर मेरा नाम पुछा। उसके तुरत ं बाद
सादा कपडे में आई पुलीस ने मुझे पकड व्हिलया और बुरका डालकर लोदी कॉलनी के
पुव्हिलस आफीस में ले गये. उसी रात पुव्हिलस ने मेरे साडू भाई को भी पकड व्हिलया। मैने पैसे
लेकर ट्रेहिंनग के व्हिलए लडके नही भेजे इसव्हिलए र्शीायद पुव्हिलस मे खबर देकर मुझे पकडा
मिदया होगा। मिदल्ली पुलीस ने मेरे उपर कट्टे का केस बनाया और मै 20-22 मिदन जेल में
रहा। मेरे भाई र्शीकील अहमद ने रू. 15000/- के जमानत पर मुझे छुटाया। जमानत पर
छुटने के बाद 20-25 मिदन के बाद मै गाँव चला आया ।

गाँव में आने के बाद आलू प्याज का काम कर रहा था। आम के जिसजन में आम बेचता था।
बरसात में छाता बनाता था। अब मुग बेचने का काम करता हूँ। मेरे घर का फोन नम्बर
06246-273679 है। मेरा मोबाईल नम्बर 9934610679 है। यह मोबाईल मुझे
बलकटवा गाव के नुमेर, जो मिक कटर में रहता है, ने मुझे भेजा था। क्यों की मै उसकी माँ
का खयाल रखता था। मै ढाई-तीन साल से घर के टेव्हिलफोन पर आय.टी.सी. काड* का
इस्तेमाल करता हूँ। यह काड* मै मधुबनी के सायबर कैफे के माव्हिलक मिमश्राजी के पास से
लेता था। इसका इस्तेमाल भाईयो, बहनो और दोस्तो से मिदल्ली, बस्ती, कतार, नेपाल
और कभी कभी सउदी बात करने के व्हिलए करता था।

मई 2006 के र्शीुरूवात मे अब्दल्ल
ु रहमान, जो काठमांडु में हाफीज जुबरै के नाईस ट्रॅ1हल्स
में काम करता था, वह मेरे गाँव में सुबह 11:00 बजे के करीब आया और मुझे जनकपुर
साथ में चलने के व्हिलए कहा। वहाँ जाने पर वह मुझसे बात करेगा और मुझे पैसा देगा ऐसा
बोला। इसव्हिलए मे उसके साथ जनकपुर गया। वहाँ उसने मेरी फोनपर सैफुल्ला से बात
कराई। सैफुल्ला ने बताया की जब मै पकडा गया उस समय वह 1यस्त था, इसव्हिलए कोई
मदद नही कर सका। और उसने अब्दल ु रहमान से रू.10,000/- लेकर गाँव जाने के व्हिलए
कहा। अब्दल ु रहमान ने मुझे रू. 10000/- और एक प्लाश्किस्टक की थैली, जिजसमें करीब
आधा मिकलो काले रंग का पावडर था, दी। पुछने पर अब्दल ु रहमाने ने बताया की वो
आरडीएक्स पावडर है जिजसका वक्त पड़ने पर बम्ब बनाने के व्हिलए इस्तेमाल मिकया जा
सकता है। मै 10,000/-और आरडीएक्स पावडर की थैली लेकर गाँव वापस आया । वह
थैली मैने मेरे पलंग के नीचे छुपाकर रख दी।

मई 2006 के आखीर में अब्दल ु रहमान ने मुझे मिफर जनकपुर बुलाया था। इसव्हिलए मै वहाँ
उससे मिमलने चला गय। वहाँ पर उसने मुझे दो पामिकस्तानीयों से जिजनका नाम असलम
और हामिफजुल्ला बताया था, मिमलाया। अब्दल ु रहमान ने मुझे इन दोनो को बम्बई ले जाकर
साजीद चाचा के हवाले करने को कहा। मै उनको जनकपुर से होते हुए पटना लेकर
आया। वहाँ से रात को ट्रेन पकडकर दस ु रे मिदन सुबह बम्बई पहुँचा । बम्बई मे उन दोनो
को लेकर जोगेश्वरी में साजीद चाचा के दक ु ान पर मिमला और उन दोनो को उनके हवाले
करके मेरे गाँव बासुपट्टी वापस आ गया।

07 जुलै को मुझे अब्दल ु रहमान ने बताया मुझे 11 जुलै को सुबह साजीद चाचा के घर
मिमरा रोड बम्बई में मिकसी हालात में पहुँचना है। वहाँ मुझे लष्कर ए तोयबा के कमांडर
आजम श्चिचमा का एक बडा काम असलम हाफीजुल्ला और साजिजद चाचा के साथ मिमलकर
बम्बई मे करना है। इस व्हिलए मै मेरे गाँव से बम्बई के व्हिलए 09 जुलै 2006 को मिनकला । मै

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
428

11 जुलै 2006 की सुबह साजिजद चाचा के घर करीब 08:30 बजे पहुँचा । वहाँ पर
असलम और हाफीजुल्ला मौजुद थे। वहाँ से दोपहर 02:00 बजे मै, असलम, हाफीजुल्ला
और साजिजद चाचा फैजल को मिमलने बांद्रा के व्हिलए लोकल ट्रेन से मिनकले । करीब 03:00
बजे फैजल के घर बांद्रा पहुँचे । फैजल के घर मे उसके साथ और 08-10 आदमी थे। उस
कमरे में 7 काली रेक्जीन की बैग रखी थी। जिजसमें बम बनाके रखे थे । वह बम की सात
बैग चच* गेट पर अलग अलग लोकल ट्रेन में रखना है, ऐसा फैजल ने बताया । उसमे से
फैजल ने एक बैग मुझे मिद और कहा की मै , असलम, हाफीजुल्ला और वहाँ मौजुद एक
पामिकस्तानी जिजसका नाम सलीम बताया गया था, ऐसे हम चार लोग एक बैग चच* गेट रेल्वे
स्टेर्शीन के प्लेटफॉम* नं. 3 के सामने के फस्ट क्लास के डब्बे के सामनेवाले जगह पर पहुँच
कर वहाँ से 5:57 बजे की फास्ट ट्रेन में सामने से पहले फस्ट क्लास के डब्बे में लगेज रैक
पर रखना है और मिफर हम चारो को हर हालत में दादर रेल्वे स्टेर्शीन पर उतरना है।
हम चारो फैजल के घर से बमवाला बैग लेकर टैक्सी से चच* गेट रेल्वे स्टेर्शीनपर करीब
र्शीाम 05:00 बजे पहुँचे । वहाँ पहुँच कर हमने फस्ट क्लास के चार मिटकट व्हिलए। र्शीाम 5
बजकर 57 मिमनीट की गाडी प्लेटफॉम* नम्बर तीन पर लगने के बाद हम चारो गाडी के
पहले फस्ट क्लास के डब्बे मे चढे । मैने बम की बैग पैसेंजर रैक पर रखी और हम चारो
दरवाजे के पैसेज में खडे रहे । जब ट्रेन दादर रेल्वे स्टेर्शीन पर आई तो हम सब उतरने लगे
। उसी समय लोगों की भीड का एक बडा रेला अंदर की तरफ चढने लगा, इसव्हिलए हम
बडी मुश्कि^कल से लोगों को धक्का देते हुए उतरने में कामयाब हुए । लेकीन भारी शिभड के
कारण सलीम पामिकस्तानी हमारे साथ नही उतर सका और डब्बे में ही अटक कर रह
गया। इतने में ट्रेन स्टाट* हो गयी। दादर रेल्वे स्टेर्शीन पर उतरने के बाद हम तीनो बस
बदलते बदलते मिमरा रोड तक साजिजद चाचा के घर पर आये। वहाँ पर मैने असलम और
हाफीजुल्ला को छोडा और वापीस बस बदलते बदलते दादर रेल्वे स्टे र्शीन पर आकर दादर
सेन्ट्रल से कल्याण पहुँचा। रात को करीब 01:00 बजे कल्याण से पटना की ट्रेन पकड
कर दस ु रे मिदन सुबह सुबह पटना पहुँचा । वहाँ से बस से उसी मिदन 13 जुलै 2006 को मेरे
गाँव पहुँच गया.

20 जुलै 2006 को बम्बई पुव्हिलस और मिबहार की पुलीस ने मुझे मेरे गाँव बासुपट्टी में
पकडा और वहाँ से मुझे मेरे घर ले गये और मेरे घर की तलार्शीी मे मुझे अब्दल ु रहमान ने
दी हुई आरडीएक्स की थैली, जो मैने मेरे घर में पलंग के नीचे छुपा कर रखी थी, वह जप्त
कर ली और मुझे हवाई जहाज से पटना से बम्बई लेकर आ गये। और तबसे मै पुव्हिलस की
मिहरासत मे हुँ।

1024. After going through the entire confessional statement of A.1 –
Kamal, it is evident that the first 6 paras are relating to his education
and family background. The middle portion of the statement till the
highlighted portion, discloses that how he came in contact with some of
the accused including wanted accused. This portion further discloses
the story about his training in Pakistan.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
429

1025. However, the relevant portion is the highlighted portion of the
statement, which relates to the bomb blasts and the charge framed
against A.1.

The True Translation Of The Highlighted Portion
“In the beginning of May 2006 Abdul Rahman, who worked for Hafiz
Zubair’s Nice Travels in Kathmandu, came to my village around 11:00 a.m.
and asked me to accompany him to Janakpur. He said that when we reach
there, he will talk to me and give me money. For this purpose I went with
him to Janakpur. There he made me talk to Saifullah on the phone. Saifullah
told me that when I was caught, he was busy so he could not help me. And
he asked Abdul Rehman to take Rs. 10,000 and go to the village. Abdul
Rehman gave me Rs. 10000 and a plastic bag which contained about half a
kilo of black powder. On asking, Abdul Rehman told me that it is RDX
powder which can be used to make bombs when needed. I returned to the
village with Rs 10,000 and a bag of RDX powder. I hid that bag under my
bed.

At the end of May 2006, Abdul Rehman called me to Janakpur again. So I
went there to meet him. There he introduced me to two Pakistanis named
Aslam and Hafizullah. Abdul Rehman asked me to take both of them to
Bombay and hand them over to Sajid Chacha. I brought them to Patna via
Janakpur. From there, I caught a train at night and reached Bombay the next
morning. In Bombay, I took them to Sajid Chacha’s shop in Jogeshwari and
after handing them over to him, I returned to my village Basopatti.
On 7th July, Abdul Rehman told me that I have to reach Sajid Chacha’s
house in Mira Road, Mumbai at any cost on the morning of 11th July. There
I have to do a big job of Lashkar-e-Taiba commander Azam Cheema in
Bombay along with Aslam Hafizullah and Sajid Chacha. So, I left for
Bombay from my village on 09 July 2006. I reached Sajid uncle’s house on
the morning of 11th July 2006 at around 08:30 am. Aslam and Hafizullah
were present there. From there at 02:00 pm Aslam, Hafizullah, Sajid uncle,
and I left by local train for Bandra to meet Faisal. We reached Faisal’s house
in Bandra at around 03:00 pm. There were 8-10 more people with Faisal in
his house. There were 7 black rexine bags kept in that room. In which the
prepared bombs were kept. Faisal said that those 7 bags of bombs were to be
put in different local trains at Churchgate. Faisal gave me one bag from it and
said that I, Aslam, Hafizullah and a Pakistani present there whose name was
told to be Salim, the four of us have to take one bag to the place in front of
the first class coach on platform no. 3 of Churchgate railway station and from
there we have to keep it on the luggage rack in the first first class coach from
the front in the 5:57 pm fast train and then all four of us have to get down at
Dadar railway station at any cost.

The four of us took the bag containing the bomb from Faizal’s house and
reached Churchgate railway station by taxi at around 5:00 pm. After reaching

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
430

there, we bought four first class tickets. After the train arrived at platform
number three at 5:57 pm, the four of us boarded the first-class compartment
of the train. I kept the bag containing the bomb on the passenger rack and
the four of us stood in the door passage. When the train arrived at Dadar
railway station, we started getting down. At the same time, a huge crowd of
people started boarding the train, we managed to get down with great
difficulty by pushing the people. But due to the heavy crowd, Salim Pakistani
could not get down with us and remained stuck in the compartment.
Meanwhile, the train started. After getting down at Dadar railway station, the
three of us kept changing buses and reached Sajid uncle’s house on Mira
Road. There I dropped Aslam and Hafizullah. I left and went back to Dadar
railway station by changing buses and reached Kalyan from Dadar Central. I
caught a train from Kalyan to Patna at around 1:00 in the night and reached
Patna early the next morning. From there I reached my village by bus on the
same day i.e. 13th July 2006.”

Conclusion
1026. The law says that if a full and detailed confession is made in
circumstances which make it unlikely, and that, it was a result of
coercion or inducement, the fact that it is subsequently retracted may
mean little or nothing (Emperor vs. Krishna Bababji Chavan (supra)).

1027. In light of the above referred well settled law position, when we
appreciated, in detail, the relevant portion of the confessional statement
of A.1, we have reached to the conclusion that this retracted
confessional statement does not fall in the category of a full and
detailed confession, and therefore, creates doubt about its truthfulness,
for the following reasons: –

i. A.1 – Kamal states that Abdul Rehman introduced him to two
Pakistanis Aslam and Hifizullah. Abdul Rehman asked him to
take both of them to Bombay and handover them to Sajid
Chacha. Thereupon, he brought them to Puna via Janakpur, from
there he reached Bombay by train and in Bombay he took both of
them to Sajid Chacha’s shop in Jogeshwari. And after handing

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
431

over them, he returned to his village Basopatti. Whereas, in the
earlier part, nowhere there is a mention of Sajid Chacha or his
acquaintance with him.

It is pertinent to note here that A.1 – Kamal was native of
Basopatti in Bihar. After his education in Basopatti, he worked in
Delhi and sometimes went to Kathmandu and Janakpur. In his
statement, nowhere he mentioned that he ever visited Bombay.
There is no mention of any other person accompanied with A.1 –
Kamal to Mumbai, who was acquainted with Mumbai. In this
backdrop, there is no mention in the statement why A.1 – Kamal
was chosen to take two Pakistanis to Mumbai and handover them
to Sajid. There is no mention of the fact that after reaching
Mumbai, how he traveled upto Jogeshwari and reached to the
shop of Sajid. This information ought to have disclosed by him as
we have observed that A.1 – Kamal never visited Mumbai or
nothing is brought on record that he had knowledge of
topography of Mumbai. Even there is no mention about any cell
number or that any detail information was provided to him to
enable him to reach to Sajid without any difficulty. There is only a
mention as shop in Jogeshwari. No other details of shop and
address, are given.

ii. Similarly, it is evident that A.1 – Kamal first time met A.3 –
Faizal on 11th July 2006. This was the second visit of A.1 – Kamal
to Mumbai. In whole statement, nowhere A.1 – Kamal claimed
that he had knowledge of the topography of Bombay. In this
backdrop, it is important to note that on the date of blasts, A.3 –
Faisal simply asked A.1 – Kamal to take some Pakistanis with him

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
432

with a bag containing bomb, go to Churchgate railway station and
keep the bag in the first class bogie of the 5:57pm Virar fast local
train on the rack and get down at Dadar.

No one will quarrel on the point that a person who doesn’t know
Mumbai and its topography how difficult it is for such person to
travel in Mumbai, particularly when he doesn’t know how the
local trains operate, where is the particular station, how to reach
such station, where from the taxi should be hired, and after
reaching the station from where to enter the station, where the
ticket counter is, how to reach to the platform, how to find out
the train, etc., which is almost impossible unless some guidance is
provided. In the statement of A.1 – Kamal, there is no mention of
such guidance given to him. Even there is no mention of any
difficulty he faced in absence of such guidance.

iii. A.1 – Kamal has stated that he and three Pakistanis, after
taking a bag from A.3 – Faisal’s house, reached Churchgate by taxi
at about 5 pm. The record shows that the house of A.3 – Faisal is
at Perry Cross Road, Bandra. There is no mention from which
place A.1 could get taxi to reach Churchgate. There is no mention
where they kept the bag containing bomb in taxi, i.e., on the seat
or in the boot. This information is important in view of the fact
that, as per A.1 – Kamal, including him total four persons traveled
in the taxi.

Even he did not mention the size of the bag and how he reached
upto taxi from A.3’s house, whether on foot or by any

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
433

conveyance. He has also not mentioned who among them carried
the bag till they reached taxi and after getting down the taxi.

iv. A.1 – Kamal has stated that Aslam, Hafizullah, Sajid
Chacha and he reached Faisal’s house at Bandra at 3pm. There
were 8-10 more people with Faisal in his house. There were 7
black rexine bags kept in that room, in which the prepared bombs
were kept. He has not explained who told him that the 7 black
rexine bags are of the bombs.

v. As per A.3 – Faisal’s confessional statement, he made 7
pairs for planting bombs in the train. One pair was consisted of
one local and one Pakistani. However, as per A.1’s, along with
him, three Pakistanis were there.

1028. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

A.2 – Tanveer Ansari

1029. A.2 – Tanveer Ansari was first arrested on 23/07/2006 in Cr.
No. 77/2006 in Mumbai Central Railway Police Station. He was in
prolonged police custody for 75 days before recording of his
confessional statement. According to him, his confessional statement is
the outcome of and the result of torture inflicted on him.

1030. The record shows that the last application moved by the
prosecution was on 25/09/2006 in Cr. No. 156/2006, i.e. on the next
day of invocation of provisions of MCOCA. In the last application
dated 25/09/2006 for remand, the prosecution stated that “considering

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
434

the widespread tentacles of the organized crime syndicate and the way
in which the entire continuing unlawful activities are being carried out
with immaculate precision without leaving behind any trail, a thorough
investigation is required to be done for which custodial interrogation of
the accused persons is absolutely essential.”

1031. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is
required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

1032. The confessional statement of A.2 was recorded on 04/10/2006
(Part-I) and 05/10/2006 (Part-II). This shows that just within few days
from the last application of remand, A.2 allegedly gave confessional
statement. The prosecution could not bring on record the reason for
giving confessional statement by A.2 after prolonged custody of 75
days. And, particularly when, there was no sufficient evidence available
with the prosecution.

1033. According to A.2, it was because of torture. He immediately at
the earliest opportunity after he was referred to judicial custody
retracted the statement.

Confessional Statement of A.2 – Dr. Tanveer Ansari
मेरा नाम डॉ. तन्वीर अहमद मोहम्मद इब्राहीम अन्सारी है. मेरी उम्र ३३ साल की है. मै युनानी डॉ हूँ.
मैं मेरे परीवार वालो के साथ ४/३१. बी.आय.टी. ब्लॉक, एम.एम.ए. माग* , मोमिमन पुरा, बम्बई-११ इस
पते पर रहता हूँ. मेरे भाई इश्कि^तयाक अहमद का मोबाईल फोन जिजसका नंबर ९०६९३२०४५७ है.
यह मोबाईल फोन मै इस्तेमाल करता था. मेरा ई मेल आय डी [email protected] है और
इस ई मेल आय डी का पासवड* Bum3124 है.

मैने मौलाना आझाद हायस्कूल, आग्रीपाडा में दसवी कक्षा तक पढाई की. बाद में ज्यूमिनयर कॉलेज
ऑफ आट* स,् साइंस अन्ड कॉमस* , नागपाडा में मैने जूनीयर कॉलेज की पढ़ाई की. ताज श्चितबीया
युनानी मेडीकल कॉलेज, नाल साहब चौक, नागपुर से मैने डॉक्टरी का बी.यू.एम.एस. कोस* सन

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
435

1998 में पुरा मिकया. छह महीने इंटन* र्शीीप करने के बाद फौजीया नर्सिंसग होम, बापटी रोड, नागपाडा
मुंबई में मैंने २ साल आर.एम.ओं की नोकरी की. उसके बाद मुस्लीम अम्बुलन्स हॉस्पीटल में मैंने दो
साल नौकरी की.

पढ़ाई के दौरान मै नागपूर मे जामा मस्जीद के मोमीनपुरा में एक खोली (कमरा) मे रहता था. साल
1997 मे र्शीरीफ बढ्द ू और मुस्तफा र्शीरीफ के कहने पर मैं जामा मस्जीद में हर इतवार को होने वाले
दरसे ए कुरान प्रोगाम के व्हिलए जाने लगा. यह प्रोग्राम जिसमी याने स्टु ंडटस् इस्लामीक मु1हमेंट ऑफ
इंडीया यह संगठण की तरफ से आयोजीत कीए जाते थे . बाद में मैं सीमी संगठण का सदस्य बना.
र्शीुरू में मै इक्वान बना. साल 1999 में पढ़ाई पूरी होने के बाद मैं मुंबई लौटा लेकीन मै सीमी संगठण
से जुड़ा रहा. सीमी के कुला* ऑफीस में मेरा आना जाना था. साल 2000 मे मैने सीमी के मिदल्ली
मुख्यालय में दस मिदन का ट्रेहिंनग मिकया. मिदल्ली में सीमी का मुख्यालय झाकीर नगर में है. मेरे ट्रेहिंनग के
दौरान र्शीाहीद बद्र फलाही, सफदर नागोरी, डॉ अमिनस अहमद, डॉ अक्रम फलाही इन लोगों ने भाषण
कीये. यह ट्रेहिंनग के व्हिलए मैंने खुद खचा* मिकया था.
सरकार (हुकूमत) ने जब सप्टेंबर 2001 मे पाबंदी लगाई थी तब मै सीमी में अन्सार था. हुकूमत की
पाबंदी के बावजूद मै सीमी का सक्रीय सदस्य रहा और काम करता रहा.
सन 2002 के रमझान ममिहने मे, ईर्शीाद खान, जो सीमी के महाराष्ट्र के अध्यक्ष थे, उन्होंने मुझे और
सोलापूर के सीमी काय* कता* तन्वीर को सीमी के व्हिलए पैसा लाने के व्हिलए हैद्राबाद भेजा था. वहा पर
सीमी के मौलाना अब्दल
ु अव्हिलम इसताही यह पैसा जमा करते थे. हम इसताही साब के घर गये थे
लेमिकन उसके पास पैसे न होने की वजह से हमे खाली हाथ वापस आना पड़ा.
सन 2000 से मै फैजल को जानता हूँ. सीमी के कुला* ऑमिफस में वह आता था. उस समय हमारी
उससे पहचान हुई थी. सप्टेंबर 2001 मे मै सीमी के कुला* ऑमिफस मे हाजिजर था. उस वक्त पुलीस ने
मुझे और सीमी के बाकी सदस्यों को मिगरफ मे व्हिलया था. मेरे साथ इर्शीा*द खान (महाराष्ट्र सीमी
अध्यक्ष), मोहजिसन मिमझा*, पुसद, यवतमाळ, एहतेर्शीाम कुतुबुद्दीन जिसध्दीकी, मीरा रोड, र्शीरीफ
बेकरीवाला और कई सदस्यों को पुलीस ने मिगरफ्तार मिकया था. कुला* कोट* मे हमने नारेबाजी की थी,
इसव्हिलए पुलीस ने हमारे व्हिखलाफ और एक केस भी दज* की थी. यह दोनो केसेस कुला* कोट* में चालू
है.

सन 2003 मे मुझे बम्बई सीमी का सेक्रेटरी बनाया गया. श्चिडसेंबर 2003 मे मुझे सेक्रेटरी पद से हटाया
गया. अब तक जिजहाद के प्रती कुछ करने का मेरा मन बन गया था. क^मीर, पॅलेस्टाईन, चेचन्या,
इराक इन देर्शीो मे मुसलमानों के उपर जो अत्याचार हो रहे है , उनके व्हिलए वहा जिजहाद करने का मैने
तय मिकया था. एहतेर्शीाम जिस‌द्दीकी जो सीमी का समिक्रय सदस्य था और मैं उसे जानता था. एहतेर्शीाम
मुझे बम बनाने की ट्रेहिंनग लेने के व्हिलए कहता था.
अप्रैल 2004 मे एहतेर्शीाम जिसद्दीकी ने मुझे बताया की फैजल र्शीेख पामिकस्तान में है और मेरे
पामिकस्तान मे मिमलीटन्सी के ट्रेहिंनग के व्हिलए इंतजाम करने के व्हिलए वह तैयार है. 1हीजा बनाने के व्हिलए
मेरा पासपोट* मैने एहते^याम को मिदया. एहते^याम ने मुझे मुझम्मील जो फैजल र्शीेख का भाई है उससे
पासपोट* , टीकट और 1हीजा लेने के व्हिलए कहा. मैने मुझम्मील से संपक* मिकया. मुझम्मील ने मुझे मेरा
पासपोट* , इरान का 1हीजा और 20,000 रूपये और हवाई जहाज का टीकट मिदया. उसने मुझे लष्कर
ए तोएबा का कमांडर आझम श्चिचमा जो बहावलपूर पामिकस्तान का है. उसके दो टेव्हिलफोन नंबर मिदए. मै
मिप्रन्स अव्हिल खान हॉस्पीटल में नोकरी करता था. मैने नोकरी का इश्किस्तफा मिदया.

21 मई 2004 को दोपहर साडे बारा बजे मैं इरान एअरवेज की फ्लाईट से बंबई से तेहरान गया. वहा से
मै डोमेस्टीक फ्लाईट पकडकर रात ग्यारह बजे झायदान पहुचं ा. दस
ु रे मिदन मैने बहावलपूर मे फोन
करके मेरे आने की खबर दी. दो मिदन के बाद लष्कर ए तोएबा का एक आदमी जिजसका नाम उसने
अब्दलु रहमान बताया वह आया और मुझे श्चितफतान ले गया. वहा पर उसने मेरा नाम नईम बताया.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
436

उसके साथ मै बॉड* र पार करके पामिकस्तान मे गया. वहाँ से बस से हम क्वेट्टा मे गये . अब्दल ु रहमान
मुझे क्वेट्टा मे एक अंडरग्राउं ड जगह पर ले गया. दस
ु रे मिदन हम रेल्वेसे बहावलपूर गये. वहा पहुँचते ही
अब्दल ु रहमान मुझे आझम चीमा के बंगले पर ले गया. उसने मेरी आझम चीमा से पहचान करवायी.
वहा मै फैजल से भी मिमला, आझम चीमा को बाबाजी कहके भी पुकारा जाता है. आझम चीमा ने मुझे
तुम अमिहले हादीस हो क्या ऐसा पूछा था और मैने हाँ कहा था. फैजल ने मेरी पहचान सोहेल र्शीेख
(मुन्ना) से करायी और मुझे बताया की सोहेल र्शीेख ने पामिकस्तान में एक साल का ट्रेहिंनग मिकया है .
सोहेल र्शीेख महाराष्ट्र के पूना से आया है ऐसा फैजल ने मुझे बताया था.
मैंने आजम चीमा को बताया था की मुझे हाशिथयार चलाने का और बम बनाने का ट्रेहिंनग लेना है. ट्रेहिंनग
के बाद भारत जा कर कामिफरों के व्हिखलाफ जिजहाद करना है. उसके बाद आजम चीमा ने अहमद
नामके लड़के के साथ मुझे मुझफ्फराबाद के पास लष्कर ए तोएबा के ट्रेहिंनग कैंप में भेजा.
ट्रेहिंनग कैंप पहुँचने पर मेरी झाकी उर रहमान नाम के कमांडर के साथ पहचान करायी गयी. मैने 13
मिदन ट्रेहिंनग व्हिलया. ट्रेहिंनग के दौरान मुझे AK 47 रायफल, मिपस्तूल चलाना, बम बनाना जिसखाया गया
और श्चिडटोनेटर के बारेमे स्पेर्शील ट्रेहिंनग मिदया गया.
ट्रेहिंनग पूरा होने के बाद मैं बहावलपूर में आझम चीमा उफ* बाबाजी के बंगले पर आया. वहा कुछ लोग
आझम चीमा के साथ बैठकर बाते कर रहे थे . मैंने उन लोगों के बारे में जब फैजल से पूछा तो उसने
मुझे बताया की वह लोग पामिकस्तानी खुफीया एजन्सी याने आय.एस.आय. (ISI) के लोग है और
उन्ही के इर्शीारों पर सारे ट्रेहिंनग कैंप चलाये जाते है . तुम अभी जीस ट्रेहिंनग कैंप से आये हो वहाँ का पूरा
खचा* आय.एस.आय. देती है. वह लोग जाने के बाद मै आझम चीमा से मिमला और मेरी ट्रेहिंनग के
बारेमे उन्हे जानकारी दी.

आझम चीमा के बंगले में ही फैजल ने मेरी ई मेल आयडी बनायी और उजिसके उपर मुझसे संपक*
मिकया जाएगा ऐसा बताया. मैंने इस बयान के सुरूवात मे बताई हुआ ई मेल आय. डी. वहीं है. वहाँ से
मिनकलते वक्त आझम चीमा ने मुझे जाली नोट चेक करने के व्हिलए एक अल्ट्रा1हायोलेट लैंप भेजने के
व्हिलए कहा था. बाद में अब्दलु रहमान ने मुझे पामिकस्तान इरान बॉड* र क्रॉस करवाया. मैने इरान में
1हीजा एक्स्टेंड मिकया. कुछ मिदन इरान में रहने के बाद जुलाई 2004 मे मै बम्बई वापस आ गया.
बम्बई आने के बाद एहतेर्शीाम मुझे मिमला. मैंने उसे मेरी पामिकस्तान में हुई ट्रेहिंनग के बारे में जानकारी
दी. उसने मुझे बम बनाने के तरीके के बारे में पूछा और बम बनाने मे लगने वाली चीजों की व्हिलस्ट
मुझसे ली. कुछ मिदनों बाद फैजल का भाई मुझम्मील ट्रेहिंनग के व्हिलए इरान होकर पामिकस्तान गया. मैने
जाली नोट चेक करने के व्हिलए एक अल्ट्रा1हायोलेट लैंप उसके हाथ आझम चीमा के व्हिलए भेजा था.
सन 2005 ने एहतेर्शीाम मुझे बार बार मिबनती करके मुझसे बम बनाने की चीजे लाने के व्हिलए कहता
था. उसके कहने पर मैंने अजिसटोन 500 मिमली, सल्फ्युरिरक अजिसड 500 मिमली, हायड्रोजन
पॅराऑक्साईड 500 मिमली मंगवाके मेरे लॉकर में रख मिदये थे.
जनवरी या फरवरी 2006 मे एहतेर्शीाम ने मीरा रोड के एक फ़्लैट मे सीमी काय* कता*ओ को इकठ् ‌ठा
मिकया था और सबको जैर्शी ए मोहम्मद के प्रमुख मसूद अजहर के भाषण की सीडी सुनाई थी. उस
वक्त मैं, सफदर नागौरी, अजिसफ खान उफ* जुनद ै , उत्तर प्रदेर्शी के र्शीहनाज खान और सीमी के बाकी
सदस्य हामिŠर थे.

जनवरी या फरवरी ममिहने में फैझल ने मुझे भाडे पर एक खोली देने के व्हिलए कहा था. फैझल ने मुझे
कहा था की, उसके पास पामिकस्तान से कुछ महेमान आले वाले है और उन्हे रहने के व्हिलए एक रुम
चामिहए. मैने फैझल को एक रुम नागपाडा एरीया में मिदखाई थी लेकीन श्चिडपॉझीट ज्यादा होने से
फैझल ने रुम लेने से इन्कार मिकया था.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
437

फरवरी 2006 में फैझल ने मुझे फैझल के घर पर बुलाया था. मै फैझल के बांद्रा वाले घर पर गया.
वहापर जुनद ै , फैझल, एहतेर्शीाम, मुजम्मील, सोहेल, जमीर हाजीर थे. फैझल ने हमे बताया की,
आय.एस.आय. के कहने पर आझम श्चिचमा ने मुंबई की लोकल ट्रेनों मे बम धमाके करने का प्लान
मिकया है. प्लान को अंजाम देने के व्हिलये कुछ पामिकस्तानी मेहमान आनेवाले है. फैजल ने इस वारदात
में मदत करने के व्हिलये हमे कहा था. उस वक्त फैजलने मुझे बॉम्ब के इलेक्ट्रीक सक‹ट के बारे में भी
पुछा था. लेकीन मैने उसे बताया की, मैने केमिमकल बम बनाने की ट्रेहिंनग ली है और इलेक्ट्रीक सक‹ट
के बारे में मुझे जानकारी नहीं है.

उसके बाद हमने चच* गेट से मिवरार जानेवाली ट्रेनों में सफर मिकया. वर्किंकग डे पर र्शीाम के समय ट्रेनों में
भीड ज्यादा होती है. इसी दौरान बम धमाके करने का जुनद ै और फैझल ने तय मिकया. फैझल के
बांद्रावाल घर में उसके बाद कई मिमटींगे हुई. मैं भी हाजीर रहता था. मिमटींग मे फैझल ने बताया था
की, बम बनाने का काम शिर्शीवाजीनगर के मौहम्मद अली के घर मे मिकया जाएगा और बम बनाने का
सामान आसीफ खान उफ* जुनद ै ने महम्मद अली के घर पे रख मिदया है.
मैने फैझल के बांद्रा वाले घर मे पाच पामिकस्तानी मेहमानो को देखा था. उन लोगों से फैझल ने मुझे
मिमलवाया था और उनकी पहचान लष्कर-ए-तोयबा के लोग करके करवायी थी. 8, 9 और 10 जुलाई
को मै ऐहतेर्शीाम के साथ महम्मद अली के शिर्शीवाजीनगर के घर पे गया था. वहा पे मिमरा रोड का
साजीद अन्सारी और दो पामिकस्तानी बंदे थे जिजसमे एक का नाम सुहेल र्शीेख था. वहा पे साजीद
अन्सारी और दो पामिकस्तानी बंदे बम बनाने का काम कर रहे थे . ऐहतेर्शीाम ने मुझे महम्मद अली के
घर पे पहरा देने को कहा था. 10 जुलाई 2006 के र्शीाम को बम के ७ बॅग महम्मद अली के घर से
फैझल के बांद्रा वाले घर मे लाके रखे थे . उसी रात जब मै फैझल के बांद्रा वाले घर गया था तब मैंने
यह बॅग देखे थे. वहा पर फैझल ने मुझे बताया की, सात जोडीया ट्रेन मे बमवाले बॅग रखवाने के व्हिलये
बनायी गयी है. फैझल ने मुझे 11 जुलाई 2006 के मिदन तयार रहने के व्हिलये कहा और जरुरत पडनेपर
वह मुझे बुलाएगा ऐसा कहकर मुझे वहासे जाने के व्हिलए कहा. 11 जुलाई 2006 के मिदन मै घरपर ही
था. मिट1ही पे मैने बम धमाकों की खबर देखी थी. उस वक्त मैं साबु जिसध्दीकी हॉस्पीटल में ही था.

1034. After going through the complete confessional statement of A.2

– Tanveer, it will be revealed that the first few paragraphs are related to
education and family background and then he narrates the story of how
he came in contact with SIMI and the activities he had undertaken of
SIMI. In the middle part of the statement, he discloses his training in
Pakistan during which he learnt how to use AK-47 Rifle and Pistol, and
also how to prepare bombs and detonators. He further speaks about
how he came in contact with the wanted accused Azam Cheema and
some of the accused persons namely Junaid, Faizal, Ehtesham,
Muzzammil, Suhail, and Zameer.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
438

1035. If the charge against A.2 – Tanveer is considered, the last
highlighted portion is relevant for the purpose of the present matter as
relates to bomb blasts.

The True Translation Of The Highlighted Portion
“After coming to Bombay, I met Ehtesham. I told him about my training in
Pakistan. He asked me about the method of making bombs and took a list of
things needed to make bombs. After a few days, Faisal’s brother Muzzammil
went to Pakistan via Iran for training. I sent an ultraviolet lamp through him
for Azam Cheema to check fake notes.

In 2005, Ehtesham repeatedly requested me to bring him the materials
needed to make bombs. As per his instructions, I ordered 500 ml of acetone,
500 ml of sulfuric acid and 500 ml of hydrogen peroxide and kept them in
my locker.

In January or February 2006, Ehtesham had gathered SIMI workers in a flat
in Mira Road and played a CD of a speech by Jaish-e-Mohammad chief
Masood Azhar to everyone. At that time, I, Safdar Nagori, Asif Khan alias
Junaid, Shahnaz Khan from Uttar Pradesh and other SIMI members were
present.

In January or February, Faizal asked me to give him a room on rent. Faizal
told me that he had some guests from Pakistan and they needed a room to
stay. I showed Faizal a room in Nagpada area but Faizal refused to take the
room because the deposit was too high.

In February 2006, Faizal called me to his house. I went to Faizal’s house in
Bandra. Junaid, Faizal, Ehtesham, Muzammil, Sohail, Zameer were present
there. Faizal told us that on the instructions of ISI, Azam Cheema has
planned to bomb the local trains of Mumbai. Some Pakistani guests are
coming to execute the plan. Faizal asked us to help in this plan. At that time,
Faizal also asked me about the electric circuit of the bomb. But I told him
that I have taken training to make chemical bombs and I do not know about
electric circuits.

After that we travelled in trains going from Churchgate to Virar. Trains are
more crowded in the evening on working days. During this time Junaid and
Faizal decided to carry out the bomb blasts. After that many meetings were
held at Faizal’s house in Bandra. I also used to be present. In the meetings
Faizal had told that the work of making bombs will be done at Mohammad
Ali’s house in Shivajinagar and Asif Khan @ Junaid has kept the material for
making bombs at Mohammad Ali’s house.

I had seen five Pakistani guests at Faizal’s Bandra house. Faizal had
introduced me to those people and identified them as members of Lashkar-e-
Taiba. On 8, 9 and 10 July, I, along with Ehtesham, went to Mohammad
Ali’s house in Shivaji Nagar. There was Sajid Ansari from Mira Road and two
Pakistani men, one of whom was named Sohail Sheikh. Sajid Ansari and two

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
439

Pakistani men were doing the work of making bombs there. Ehtesham had
asked me to guard Mohammad Ali’s house. On the evening of 10 July 2006,
seven bomb bags were brought from Mohammad Ali’s house to Faizal’s
house in Bandra. I saw these bags that night when I went to Faizal’s house in
Bandra. There Faizal told me that seven pairs have been made to keep bomb
bags on the train. Faizal asked me to be ready on 11th July 2006 and that he
would call me if needed and asked me to go there. I was at home on 11th July
2006. I had seen the news of bomb blasts on TV. At that time I was in Saboo
Siddique Hospital.”

Conclusion

1036. When we considered the relevant portion of the confessional
statement of A.2 relating to the bomb blasts, we found that this
retracted confessional statement does not fall in the category of a ‘full
and detailed confession’, which creates doubt about its truthfulness, for
the reasons discussed hereunder.

1037. A.2 states that, A.4 – Ehtesham repeatedly requested him in
2005 to bring material needed to make bombs. As per instructions, he
ordered 500ml of Acetone, 500ml of Sulphuric Acid, and 500ml of
Hydrogen Peroxide and kept them in his locker.

1038. At this juncture, let us examine the use of this material.

Sulphuric Acid has a wide range of applications across various
industries, which primarily includes fertilizer production,
chemical manufacturing, and metal processing. It is widely
available in the market.

Hydrogen Peroxide is widely used to clean wounds, prevent
infection, disinfect surface, to bleach hair, textile, etc. It is also
readily available in the market.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
440

Acetone has wide range of uses, including as a nail polish
remover, industrial cleaning, and chemical manufacturing. It is
also readily available in the market.

1039. It is, thus, surprising that the material which A.2 procured and
stored, as stated herein above, though is readily available in market and
commonly used in homes and hospitals, why it was purchased and put
in the locker by him for one year. Furthermore, it is also not explained
why there was an insistence of A.4 – Ehtesham to procure it and store it
when it is readily available all the time in the open market. It is further
not justified and explained why it was kept in the locker.

1040. A.2 – Tanveer further states that on 8 th, 9th and 10th July, he
along with A.4 – Ehtesham, went to A.6’s house where A.7 – Sajid and
two Pakistanis were there and who were doing the work of making
bombs there. He states that A.4 Ehtesham asked him to guard the
house of A.6. Thus, A.2 was at A.6’s place for all the three days when
the bombs were prepared. However, no details are given about how the
bombs were prepared, what material was used, how the bombs were
packed, what was the container used to pack the bombs, the description
of the bags used for putting such bombs, and who procured it.

1041. A.2 – Tanveer states that he was guarding the house of A.6 –
Mohd. Ali standing outside his house on the door all the three days.
Admittedly, A.6’s house is in crowded and congested area. Many must
have noticed A.2 standing outside A.6’s house continuously for three
days. For the people in that locality, this might have been the most
unusual thing. However, there is not a single witness who saw A.2
guarding the house of A.6 on all the three days.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
441

1042. He has stated that two Pakistanis were doing the work of
making bombs, which is a vague statement. No significant details are
provided by him even though he was all the time for three days present
at A.6’s house with those two Pakistanis.

1043. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

A.3 – Faisal Shaikh

1044. A.3 -Faisal Shaikh was first arrested on 27/07/2006 in Cr. No.
77/2006 in Mumbai Central Railway Police Station. He was in police
custody for 70 days before recording of his confessional statement.
According to him, his confessional statement is the outcome of and the
result of torture inflicted on him.

1045. The record shows that the last application moved by the
prosecution seeking remand was on 28/09/2006, in Cr. No. 156/2006,
i.e. after three days of invocation of provisions of MCOCA. In this
application, it was the case of the prosecution that “Considering the
widespread tentacles of the organized crime syndicate and the way in
which the entire continuing unlawful activities are being carried out
with immaculate precision without leaving behind any trail, a thorough
investigation is required to be done for which custodial interrogation of
the accused persons is absolutely essential..”

1046. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
442

required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

1047. The confessional statement of A.3 was recorded on 03/10/2006
(Part-I) and on 5th and 6th October 2006 (Part-II). This shows that just
within few days from the last application of remand, A.2 allegedly gave
confessional statement.

1048. The prosecution could not bring on record the reason for giving
confessional statement by A.3 after 70 days of his police custody. And,
particularly when, there was no sufficient evidence available with the
prosecution.

1049. According to A.3, it was because of torture. He immediately at
the earliest opportunity after he was referred to judicial custody
retracted the statement.

1050. From the case of the prosecution, it can be said that Azam
Cheema was the mastermind behind all these blasts. And the plan of
Azam Cheema (wanted accused) to carry out in local trains was carried
out by A.3 – Faisal. Therefore, it can be said that A.3 had each and
every minute information about the plan and its execution. Let us,
therefore, examine whether he has given all such details, of which the
prosecution has no knowledge of or which would be necessary to
complete the chain and connect the dots. The confessional statement of
A.3 – Faisal is as follows: –

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
443

Confessional Statement of A.3 – Mohd. Faisal Ataur Rehman Shaikh
मेरा नाम मोहम्मद फैजल अताउर रहमान र्शीेख है। कुछ लोग मुझे मुस्तफा, अमीन और समीर
के नाम से भी जानते है और पहचांनते है। मेरी उम्र ३२ साल है। मैं बांद्रा में मिकराये के मकान
में रहता हूँ। पता है २४ लकी 1हीला, कॉतवाडी, पेरी कॉस रोड, बांद्रा वेस्ट. मै मिफलहाल कोई
काम धंदा नहीं करता हूँ और पामिकस्तान के लष्कर-ए-तोयबा के व्हिलए काम करता हूँ। मेरे
वाव्हिलद अत्ताउर रहमान र्शीेख ये मीरा रोड एरिरया के A/२०३ श्चितरूपती अमाट* मेंट, नया नगर,
इस पते पर रहते है। मेरी वाव्हिलदा परवीन बानू और मेरा छोटा भाई मुजश्किम्मल भी उनके साथ
रहता है. मेरा एक और छोटा भाई रामिहल जो सॉफटवेअर इंजिजमिनयर है. वो मिफलहाल
Birmingham U.K. मे काम करता है. रामिहल की बीवी रिरफा और उनके दो बच्चे और वाव्हिलद
के साथ मीरा रोड में ही रहते है . मेरे पकडे जाने से पहले मैं Airtel के मोबाइल फोन
इस्तेमाल करता था. उसके नंबर ९८९२०३६६९४ और ९८९२३३१२२४ थे . मेरा भाई
मुजहमिमल पेर्शीे से Software Engineer है और बेंगलोर में ORACLE कंपनी के व्हिलये काम
करता था, मिफलहाल वो भी ATS पुव्हिलस की मिहरासत में है.

मैंने पांचवी तक बॉम्बे में पढ़ाई की है. 5 वीं से 10 वीं तक मालेगांव में जामेतुल हुदा high
school के हॉस्टल में था. ११ वी के व्हिलए बॉम्बे के महाराष्ट्र कॉलेज में Science से मिकया,
रिरजल्ट आने से पहले दो मेरे वाव्हिलद ने मुझे मेरे अंकल के पास पूना भेज मिदया. वहाँ पर जून
1994 मैंने Diploma in Electronics के व्हिलये एकल1य college (Polytechnics),
कोथरूड पूने मे admission व्हिलया. 1st year में फेल होने के बाद मैंने पढ़ाई छोड दी. पूना में
मेरे चाचा अब्दलु रहीम ताइवानी रोड, रेल्वे क्वाट* स* पर रहते है और मैं उनके साथ ही रहता
था.

उसके बाद मैं मेरे वाव्हिलद ने खरीदे हुझे B 1/24, कुबेरा garden, NIBM कोंढवा इस फ्लॅट में
अकेले ही रहता था. मेरे वाव्हिलद जो गल्फ में नौकरी करते थे वो 1996 में नौकरी छोड के
इंश्चिडया आ गये. उसके बाद सब 1997 से हमारा पुरा परिरवार बॉम्बे से पुना आकर रहने लगा.
उस दौरान मेरे दोनो भाई भी पूना में रहते थे और पढाई करते थे .

मैंने पढाई छोडने के बाद गारमेंट का मिबजनेस र्शीुरू मिकया, बॉम्बे से माल खरीद कर पूना में
बेचता था। मेरा मिबजनेस मैने 1-1.5 साल मिकया और 1999 में चीमा गुडस ट्रांसपोट* कंपनी,
फुरर्शीुंगी पूना में नौकरी करने लगा. वहाँ पर मैने ८-९ महीने काम मिकया, ये काम मिफर छोड
मिदया और जनवरी 2000 में Muslim Bank Institute पूना कॅम्प, पूना में DTP
Computer का ६ ममिहने का कोस* मिकया. 2001 में मेरे भाई रामिहल का मिनकाह हुआ, कोंढवा
का flat हमारे परिरवार के व्हिलये छोटा पड़ने लगा इसव्हिलए हमारा परिरवार पूना मे ही मोमिमनपूरा
रबाळे में रहने लगा. उस दौरान में मोमिमनपुरा के मक्का मश्किस्जद में नमाज के व्हिलये जाया करता
था। उस दौरान मेरी मुलाकात SIMI के सदस्य मिफरोज पठान, साजिजद सुंडके, सोहेल र्शीेख,
अनीस र्शीेख, मिनसार मुल्ला, रिरजवान डावरे इन लोगों के साथ हुई। बातचीत के दौरान इन
लोगो ने मुझे जिसमी के बारे में बताया। मुझे उन लोंगो से पता लगा की जिसमी के लोग मुश्किस्लम
बच्चों को पढाई के बाद आगे क्या करना है इसके बारे में Guidance करते थे, इसव्हिलए
काय* क्रम भी आयोजिजत मिकये जाते थे. मश्किस्जद में जिसमी के तरफ से दरसे कुरान इस काय* क्रम
का आयोजन मिकया जाता है। ऐसे प्रोग्राम हफ्ते में १ या २ बार होते थे . प्रोग्रम में मेरे भाई
राहील और मुजम्मील र्शीरीक होते थे। इन प्रोग्रामो की वजह से मैं पूना और बॉम्बे के बहुत से
जिसमी काय* कता*ओ को जानने पहचानने लगा था. पूना में अब्दल ु रउफ जिसमी का मेन
काय* कता* था, वो मेरा खास दोस्त बन गया था, जिसमी की तरफ से साल में एक बार बड़ा
प्रोग्राम होता था। ऐसा ही एक बडा साजेद तरबीयती प्रोग्राम मई 2001 में युनानी मेडीकल

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
444

कॉलेज पुना में हुआ था. इस प्रोग्राम के व्हिलये महाराष्ट्र के सभी जीलों से जिसमी के प्रमुख
काय* कता* आये थे. उस वक्त मेरे भाई रामिहल और मुजश्किम्मल भी इस प्रोग्राम में र्शीामिमल हुझे थे .
वहाँ पर मेरी मुलाकात बॉम्बे से आये काय* कता* एहते^याम से हुई और जलगांव के आजिसफ
खान से भी हुई, उसे जुनेद के नाम से भी जाना जाता था। इसके बाद महाराष्ट्र मे जब भी ऐसे
बडे प्रोग्राम होते थे तो मेरी इन लोंगो से मुलाकात होती थी।

जिसमी के प्रोग्राम में तफ़्सीर हुआ करते थे . इन तफ़्सीर मे मुसलमानों पर दमिु नया के सभी देर्शीों
में होने वाले अत्याचार और ज्यादश्चितयोंके बारे मे बताया जाता था. ऐसे प्रोग्रामो मे बार बार
र्शीरिरफ होने के वजह से मुझे मुसलमान भाईयों के बारे में एक जज्बा जागा. और दमिु नया भर के
मुसलमानों पर होने वाले अत्याचार के व्हिखलाफ कुछ कर गुजरने की तमन्ना पैदा हुई. खास
तौर पे बॉम्बे और गुजरात के दोंनों दंगो से मैं मिहल गया था. इस वजह से मैने मिहजरत करने की
सोंची और मिकसी मुश्किस्लम देर्शी में सेटल होने का मन बना व्हिलया और वहाँ रहकर हिंहदस्ु तान में
मुसलमानों पर होने वाले अत्याचार का बदला लेने की ठानी. तब मेरे मन में पामिकस्तान
जाकर सेटल होने का खयाल आया. इसके व्हिलये मैने पूना से पासपोट* ऑमिफस से पासपोट*
बनवाया. नवंबर 2001 में मैं और अब्दल ु रउफ मिदल्ली गये और उसने अपने सगे वालेका पत्ता
देकर हमारे व्हिलये और अपने बीबी के व्हिलये पामिकस्तान जाने का वीजा बनवाया. लेमिकन ऐन
वकत पर रउफ की बोबी ने पामिकस्तान जाने से मना कर मिदया. इस व्हिलए मैंने अकेलेही
पामिकस्तान जाने का तय मिकया. पूना में रहनेवाला मेरा दोस्त अजिसफ अब्दल ु राशिर्शीद र्शीेख जो
तभी मस्कत में नौकरी करता है, उसने मुझे लाहौर में रहनेवाले उसके पहचान के अबू हरार
नाम के एक र्शीख्स का फोन नंबर मिदया था.

जनवरी 2002 में मैं पूना से मिदल्ली और वहाँ से समझौता एक्सप्रेस से लाहौर गया. लाहौर
स्टेर्शीन पहुच ं कर मैने अबु हरार को फोन मिकया. उसने मुझे मरकतदावा इलार्शीाद चूरूभुज
चौक लाहोर इस ऑमिफस का पता मिदया और मुझे ऑमिफस में आके मिमलने के व्हिलए बताया.
उसके बताये पते पर मैं पहुच ं ा. वह ऑमिफस एक जंगल में था. मेजपर बैठे आदमी से पूछ कर
मैं अंदर गया. कुछ देर बाद वहाँ पर एक हटटा कटटा लंबे कद का आदमी आया उसने अपना
नाम अबू हरार बताया. मैने अपना introduction देकर पामिकस्तान आने का मकसद बताया.
मैं जिसमी के व्हिलए काम करता हूँ ये जान कर अबू खुर्शी हुआ और बोला तूम सही जगह पर पहुच ं
गये हो. उसने मुझे दो मिदन वही पर रखा. अबू हरारा मरकज ऑमिफस में काम करता था. वहीं
पर मेरी मुलाकात एक अब्दल ु रज्जाक नाम के हिंहदस्ु तानी से हुई जो हैद्राबाद का रहने वाला
था. वो लष्कर-ए-तोयबा के व्हिलए काम करता था और यही पर ४/५ महीने से रह रहा था.
बातचीत के दौरान अब्दल ु रज्जाक ने मेरे जज्बात जानकर मुझे ल^कर ए तैय्यबा के ट्रेहिंनग
कॅम्प में ट्रेमिनग लेने के व्हिलए उकसाया. मै जिजस मकसद से पामिकस्तान आया था उसे पुरा होता
देख मैं ट्रेमिनग के व्हिलये तैयार हो गया. तीसरे मिदन र्शीाम को 5.00 बजे अब्दल ु रज्जाक ने मुझे
कराची के व्हिलये ट्रेन में मिबठाया पुरी रात सफर करके दस ु रे मिदन तकरीबन 3.00 बजे मैं कराची
पहुच ं ा तो स्टेर्शीन पर मुझे लेने अबू जुबेर उम्र 25 साल आया था. वहाँ से मोटर साईमिकल से
हम आरिरफ कासमानी के बंगले पर गये . आरिरफ कासमानी की उम्र करीबन 60 साल, गोरा
साधारण कदका सफेद बाल और दाढी बाला आदमी था। कासमानी लष्कर-ए-तोयबा का
कमांडर था. वहाँ पर मुझे एक कमरे में रखा गया जिजसमें और भी २/३ पामिकस्तानी बंदे रहते
थे. र्शीाम को मूझे आरिरफ कासमानी मिमले. बातचीत के दौरान उन्हे जब पता चला मिक मैं
हिंहदस्ु तान में जिसमी का मेंबर हूँ तो वो बहुत खुर्शी हुने , उनके कहने पर मै वही रूक गया. दस ु रे
मिदन दोपहर 2.00 बजे अब्दल ु रज्जाक आरिरफ कासमानी को साथ लेकर आया. मैंने उसे
बताया की मै पामिकस्तान मेही रहना चाहता हू।ं इसपर अब्दल ु रज्जाक ने मुझे लष्कर के व्हिलये
काम करना पडेगा ये बताया, मैंने झट से हा कर दी। मिफर मुझे वही नजदीक लष्कर-ए-तोयबा

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
445

के ऑमिफस में ले गया. मैं उस ऑमिफस में 3-4 मिदन रूका वहाँ पर अब्दल ु रज्जाक ने आ के मुझे
मुजफ्फराबाद मे लष्कर-ए-तोयबा के ट्रेहिंनग में जाने को कहा. 5 मिदन बाद में और अब्दल ु
रज्जाक ट्रेनसे, लाहौर के व्हिलये मिनकले. दस ु रे मिदन 1.00 बजे लाहौर में पहुच ं े वहाँ से बस स्टैंड
पर आकर मुजफ्फराबाद के व्हिलए बस से मिनकले. दस ु रे मिदन सुबह 7.00 बजे मुजफ्फराबाद
पहुच ं ने के बाद लष्कर-ए-तोयबा के बैतुल मुजामिहद्दीन वाले ऑमिफस में गये. उस ऑमिफस में
मुझे एक मिदन रखा गया. दस ु रे मिदन दोपहर में हम लोग तकरीबन देढ घंटा पहाडी इलाकेमे
पैदल उपर चल के गये और वहाँ पे चल रहे ट्रेमिनग कॅम्प में पहुच ं े. वहाँ पर बड़ा मैदान था और
घने पेड थे और मैदान में मश्किस्जद और रहने के व्हिलए कमरे भी थे। उन कमरे मे करीब 20-25
लोग रहते थे। उस समय अब्दल ु रज्जाक ने मेरी पहचान अबू रिरजवान और अबू महान के साथ
करवाई। अबू रिरजवान ट्रेहिंनग का इंचाज* था। वहा पर दो मिदन मुझे Ak-47, Pistol -TT,
Revolver, बम तैयार करना, धमाके करना ये चीजे बतौर प्रॅक्टीस करके जिसखायी गयी. रोज
सुबह 5 बजे उठकर नमाज पढना, कुरान पढना, नास्ता, क्लास, नमाज, फायरिंरग प्रॅक्टीस,
मिफर नमाज और प्रॅक्टीस उसके बाद नमाज और खाना और उसके बाद रात में आराम करना
ऐसा प्रोग्राम चलता था। लष्कर-ए-तोयबा में ट्रेहिंनग 3 तरह की होते है. जिजसमें दौर ए आम*
ट्रेंमिनग 40 मिदन की, दौर ए खास में ट्रेहिंनग 3 ममिहनेकी और अल अस्का ट्रेहिंनग कॅम्प दो मिदन
था. मुझे अल अस्का में जो ट्रेमिनग कॅम्प है, वहाँ भेजा गया, ट्रेहिंनग के दौरान वहाँ पर कुछ लोग
मिमव्हिलट्री की गाश्चिडयो में आते थे , कुछ लोग वद में और कुछ लोग साधे कपडे मे होते थे .
उनको वहा के लोग बडी इज्जत देते थे और अदब से कमांडर साब और कन* ल साब करके
बुलाते थे. ये अफसरात फायरिंरग प्रेश्किक्टस के वक्त आकर guidance करते थे. रिरजवान ने मुझे
बताया की ये लोग पाक मिमव्हिलट्री और ISI से तालूक रखते है और ये पूरा ट्रेहिंनग कॅम्प ISI के
अंडर ही चलाया जाता है.

तीसरे मिदन करिरबन 12.00 बजे से मैं और रज्जाक ट्रेहिंनग कॅम्प से मिनकलकर पहाड उतरकर
1.30 बजे ऑफीस मे आये. र्शीाम ६.०० बजे टेम्पोसे बस स्टॅण्ड आकर रात ७.०० बजे बस
से लाहोर जाने के व्हिलए मिनकले. दस
ू रे मिदन सुबह ६.०० बजे हम लाहोर पहुच ं े. वहाँसे मिमनी
बस से चुबुज बंगले पे गये. वहाँ पर लष्कर-ए-तोयबा का प्रोग्राम था. इस प्रोग्राम के व्हिलए
आरिरफ कासमानी (पता टीपू सुलतान रोड, कराची), आझम श्चिचमा उम्र ६० साल कद ६.६
फुट, हटटा कटटा, लंबी दाढी, सफेद बाल, कुता* र्शीलवार पहनने वाला LET का ट्रेहिंनग
कमांडर पता जावेद चौधरी बंगला, बहावालपूर, अबू मुजश्किम्मल उम्र ३२ साल कद ६.५ फुट
लंबी दाढी, कुता* पायजमा पहनने वाला, पता- इस्लामाबाद ये लोग आये थे वहाँ पर हमने
आझम श्चिचमा से मुलाकात की.

लाहोर में अब्दल ु रज्जाक ने मुझे कहा मिक ल^कर के ट्रेहिंनग चीफ कमांडर झकीउर रेहमान के
हुक्म पर मुझे आझम चीमा के साथ काम करना है. उसके बाद हम मिफर आझम चीमा से मिमले.
उसका स्वभाव मुझे बहुत पसंद आया. वह पहली नजर में मिकसीको अपने नसदीर करनेवाली
र्शीखजिसयत था. उसने मुझे पूछताछ करके हिंहदस्ु तान से बंदो को तयार करके पामिकस्तान तक
ट्रेहिंनग के व्हिलए भेजने को कहा. मुझे २०/२५ हजार रूपये खच* करने को मिदए. हिंहदस्ू तान के
व्हिलये वापस मिनकलते वक्त कासमानी ने मुझे बत* न सामान कपडे पॅक करके मिदये और साथ में
मिदल्ली की एक दक ु ान का काड* मिदया. इसकी वजह समझाते हुए कासमानी, ने मुझे बताया मिक
अगर हिंहदस्ु तानी पैसे तुम्हारे पास रहे तो बॉड* र पर चेक पोस्ट पर बहुतसे सवालोका सामना
करना पड सकता है. अगर सामान साथ रहा तो Inquiry नहीं की जाती और मिफर मिदल्ली मे
जाकर तुम्हें इस सामान से १८,००० से २०,००० रूपये मिमल जायेंगे, लेमिकन काड* पर
व्हिलखी हुई दक ु ानपर ही जाना.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
446

एक मिदन रूक के दस ू रे मिदन रात को अब्दल ु रज्जाक और उसका साथी मूझे लाहौर रेल्वे
स्टेर्शीन लाकर छोडा. वहाँ से मैं अटारी बॉड* र पहुच ं ा. और वहॉपर २-३ घंटे चेहिंकग होने के
बाद में हिंहदस्ू तान के वाघा बॉड* र पहुच ं ा. वाघा बॉड* र पे ४-५ घंटे की चेहिंकग के बाद सुबह
५.०० बजे की ट्रेन से र्शीाम ७.०० बजे मिदल्ली पहुच ं गया. मिदल्ली पहुच
ं ते मै जामा मश्किस्जद के
पासवाले अल हजीज लॉज में रूका. दस ू रे मिदन सुबह १०.०० बजे कासमानी ने मिदए हुझे
काड* पर जो पता था, वहाँ जाके उस आदमी को सामान और काड* मिदया. उसने मुझे १८
हजार रूपये मिदये, उसके बाद मैं मिनजामुददीन गोवा एक्सप्रेस से पूना जाने के व्हिलये र्शीाम को
मिनकला. मैं दस ु रे मिदन र्शीाम को पूना पहुचं ा. मैने अपने भाई रामिहल और मुजश्किम्मल को मेरी
पामिकस्तान में हुई ट्रेहिंनग के बारे में बताया और आजम चीमा से मिमलने की बात भी बताई.
उसके बाद मैने जिसफ* लष्कर-ए-तोयबा का काम मिकया. उस दौरान मैं लष्कर की ट्रेहिंनग के
व्हिलये जवान और लायक लडके ढू ंढ रहा था। इसके व्हिलये आजम चीमा से फोन करके पैसे
मांगे थे.

पूना पहुच
ं ते ही तकरीबन ४ महीने बाद मैंने आजम चीमा को फोन मिकया. तब उसने मुझे
१,८०,००० रू हवाला से भेजता हूँ कह के बांम्बे का एक आदमी तुमको पैसे देंगा ऐसा
बताया. उस आदमी का फोन नंबर मुझे मिदया. मैं और रामिहल बांम्बे आये और उस र्शीख्र्शी को
फोन मिकया. उसने हम मंगलदास माकFट बूलाकर हमसे पूछताछ करके तसल्ली होने के बाद
१,८०,००० रूपये हमे लाकर मिदये. मैं जब भी बाम्बे आता था तब टेमकर स्ट्रीट, नागपाडा में
रहने वाली मेरी बहन खाव्हिलदा के यहाँ रहता था और हवालासे आये हुए पैसे भी उसके पास
रखता था। मैने पूना के मेरे दोस्त सोहेल मेहमूद र्शीेख के पामिकस्तान में ट्रेहिंनग के बारे में बता
के उसे तैयार मिकया. उसे मैने खच* के व्हिलए १ लाख रू मिदये. नवंबर २००२ में उसने इरान का
वीजा लेके १८ नवंबर २००२ को तेहरान गया. वहाँ से उसने दबु ई में रहनेवाले रिरजवान
डावरे और मेरे भाई रामिहल को फोन करके आजम चीमा का नंबर व्हिलया, मिफर चीमा के जरिरये
मुजफ्फरबाद में १ ममिहने की ट्रेहिंनग लेके वो वापस हिंहदस्ु तान आ गया. पूना से ल^कर का
काम करने से बेहतर बांम्बे से काम करने में ज्यादा सहूव्हिलयत थी, क्योंकी वहां बंदे भी ज्याद
मिमलने की उम्मीद थी. इसव्हिलए में पूरी फॅमिमली के साथ मीरारोड, नयानगर, में शिर्शीफ्ट हो गया.

Today’s statement recording stopped here as it is a lengthy statement
requiring more time. Also today Hon. prime minister of India Shri.
Manmohan Singh is visiting Mumbai and I have been deputed for the
said bandobast. Hence the accused is to be produced again before me
on 06/10/06 at 10.00 hrs. The statement today was taken from 10.00
hrs. to 14.30 hrs.
6.10.06 at 10:00hrs
The accused is produced before me in veil. He is asked to remove the
veil. PSI Dasurkar and Staff asked to go out. There is nobody except me
and the accused in my room. I have again ascertained the voluntariness
of his confessional statement and also asked him if there has been any
threat/ inducement or promise during the interim period, to which he
replied negative. The statement hence continues as-

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
447

२००३ में रिरजवान डावरे दबु ई से पूना आया. वह जब भी पूना आता था तो मुझे बांबे आके
मिमलता था। अप्रैल २००३ में उसे सौदी में नोकरी मिमलनेके बाद वह चीमा जेद्दा (Saudi
Arabia) चला गया. उस वक्त में मै सौदी जाने के बारे में सोच रहा था. जब रिरजवान डावरे
सौदी चला गया तब मुझे पता चला की पामिकस्तान में जिजस अब्दल ु रज्जाक से मुलाकात हुई वो
दबु ई में था. मेरा भाई रामिहल भी उस वक्त दबु ई में था. अब्दल ु रज्जाक, रामिहल को दबु ई में
मिमला उस वक्त अब्दल ु रज्जाक ने रामिहल और रिरजवान को आदम चीमा से बात करवाकर
हिंहदस्ु तान में ल^कर-ए-तय्यबा के व्हिलऐ और काम को अंजाम देने के व्हिलए मुझे उन दोनो के
साथ संपक* बनाये रखने के व्हिलए कहा. क्योंकी अगर मैं सीधे हिंहदस्ु तान से पाक फोन करूगा
तो पकडे जाने का उन्हें डर था. इस व्हिलए ऐ सावधानी बरती गयी, उसी तरह आजम चीमा
मेरा भाई रामिहल और रिरजवान डावरे के जरिरए मुझसे संपक* बनाये रखने लगा. मुझे क्या काम
करना है और मैं क्या काम कर रहा हूँ इसकी पूरी जानकारी उन दोनों के जरिरये लेने लगा.
आजम चीमा मुझे उन दोनो के जरिरए पैसे भेजता था. मैंने और बंदो को ट्रेहिंनग के व्हिलये भेजने
की कोशिर्शीर्शी की लेमिकन सोहेल मेहमुद के अलावा मैं मिकसी और को नहीं भेज सका.
2003 मे अब्दल ु रज्जाक ने मुझे फोन करके कहा की कुछ Problem की वजह से आजम
चीमा का Office बंद हो चुका है. इस वजह से मेरा और उसका संपक* कम हुआ. मैने रिरझवान
डावरे को फोन करके मेरे व्हिलये saudi में कोई नौकरी ढु ंडने को कहा. इस पर रिरझवान ने मुझे
खुद Saudi आकर नौकरी ढु ंडने की सलाह दी. मै २००३ के आव्हिखर मै Saudi जाने के व्हिलये
उमराह मिवजा लेकर Saudi मिनकल गया. वहाँ मैने अपना नाम ‘मुस्तफा’ रखा था. मै जेद्दाह
saudi Arabia मे रिरझवान डावरे के पास एक-डेढ़ ममिहना रहा, उसी दरम्यान मेरी अब्दल ु
रज्जाक से फोनपर बात हुई. तब मुझे आझम चीमा का काम मिफरसे र्शीुरू होने की बात मालुम
हुई. मैने आझम चीमाको फोन करेके मुझे पामिकस्तान आना है, ऐसा कहा पर उसने मुझे
saudi रहकर लष्कर के व्हिलये काम करने को कहा. मेरी कोशिर्शीर्शीो के बावजूद मुझे saudi में
नौकरी नहीं मिमली. मैने मिफर आझम चीमाको संपक* करे के पामिकस्तान आनेकी तमन्ना जामिहर
की, इसपर उसने मुझे दबु ई का मिवजा देके दबु ई आने को कहा. उसके कहने के मुतामिबक
र्शीरीफ नाम के आदमी ने मुझे दबु ई का वीजा बना के मिदया.
मै माच* २००४ में दबु ई गया. वहाँ पर १५ मिदन मै मेरे बहनोई जामिकर के पास अबू धाबीमे रहा.
वहाँ से मैने मिफर चीमासे फोनपे बात की तो उसने मुझे मिकर्शीम (ईरानी ISLAND) इस
जगहपे आनेको कहा. मै अबु धाबीसे हवाई जहाजसे मिकर्शीम गया. वहाँ मै हॉटेल टोल इन में
रूका. दो मिदन बाद एक अबू फैजल, उम्र तकरीबन 30 साल, मुझे ले जाने के व्हिलये चीमाने
भेजा. अबु फैजल और मैं हम दोनो जहाजसे बंदर अब्बास बंदरगाह (ईरान) पहुच ं े. वहाँ से
दोपहार 12 बजे मै बस में बैठकर र्शीामको 7 बजे ईरान पाक बॉड* र पहुच ं े . वहाँ से जीप में
बैठकर हमने बॉड* र क्रॉस मिकया मेरा पासपोट* टोल इन हॉटेल मे काउंटर पर जमा था. बॉड* र
क्रॉस करने के दो घंटे बाद हम पामिकस्तानी तुब*त र्शीहर में पहुच
ं े वहाँ से , रात 9 बजे बस में
बैठकर बहावलपुर के व्हिलये रवाना हुये रात भर का सफर तय कर के दोपहर चार बजे
बहावलपुर पहुच ं कर आजम चीमा के घर गये.

आजम चीमा ने वहाँ मुझे अमीन यह नया नाम दे कर मेरा असली नाम छुपाकर रखने की
ताकीद दी. आजम चीमा ने मुझे जिजतने पैसे भेजे उस मिहसाबसे बहुत कम लोग हिंहदस्ु थान से
ट्रेहिंनग के व्हिलए आये इस बात के व्हिलये नाराजी मिदखाई, ऐसा बोलकर आजम चीमा ने मुझे कुछ
कर मिदखाने के व्हिलये उकसाया और, बंबई में बड़ी वारदात करनी है तो और बंदो को ट्रेहिंनग के
व्हिलये भेजने पर जोर मिदया. मैं वहाँसे रिरजवान डावरे को बीच बीच में फोन करके ट्रेहिंनग के व्हिलये
हिंहदस्ु थानसे और बदे भेजनेको कहता था. उसके मुतामिबक रिरजवान ने मुझे फोन करके डॉ
तन्वीर ऐहते^याम के जरिरये ट्रेहिंनग के व्हिलये पाक आने को तय्यार है ऐसी बात कही तो मैंने
मुझम्मील से, पास रखे हुझे पैसों से डॉ तन्वीर के व्हिलये वीजा और मिटमिकट का इंतजाम करने

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
448

के व्हिलये कहा उस मुतामिबक मुझम्मील ने मु^ताक agent के जरीये डॉ. तन्वीर को वीजा और
श्चितकीट का इंतजाम करके ईरान के रास्ते ट्रेहिंनग को भेज मिदया. आजम चीमा के ट्रेमिनग कॅप में
मेरी मुलाकात डॉ. तन्वीर से हुई. उसने मुझफ्फराबाद से 15 मिदन की ट्रेमिनग पूरी की और वो
मिफर ईरान के रास्ते हिंहदस्ु तान वापस चला गया. अगस्त 2004 में मुजम्मील ट्रेहिंनगके व्हिलए
पामिकस्तान आया तब मैने उससे भी मुलाकात की। उसने मुजफराबाद मे १५ मिदनकी ट्रेहिंनग
पूरी की और वो भी इरान के रास्ते मिहदस्ु तान चला गया। पूना में रहनेवाले सोहेल र्शीेख से मेरी
अच्छी जान पहचान थी. वही सोहेल र्शीेख मुझफ्फराबादमें ट्रेहिंनग कर रहा है ये बात मुझे
रिरजवान डावरे से मालूम हुई. इसव्हिलये मैंने मुझफ्फराबादमें सोहेल से संपक* मिकया और उसके
कहनेपर मै उससे मुझफ्फराबाद जाकर मिमला तब मुझे पता चला की वो मिपछले सात आठ
महीने से मुझफ्फराबाद ट्रेहिंनग सेंटर में रह रहा है. और उसने ६ महीने की ट्रेहिंनग हाजिसल की
है. मैं और सोहेल बहावपूर जाके आजम चीमा से मिमले . वहाँ हमने चार ममिहने तक ट्रेहिंनग ली.
बाद में सोहेल ईरान के रास्ते से दबु ई चला गया मिफलहाल वो कहाँ है मुझे मालूम नही.
आजम चीमा से मुझे ल^कर-ए-तय्यबा संगठण के बारे में काफी मालुमात हाजिसल हुई. L-e-T
संगठण यह “मरकज उद दावा वल इरर्शीाद” इस संगठण की आतंकवादी कारवाईओं को
अंजाम देने वाली ब्रांच है. हामिफज मोहम्मद सईद यह मरकज और ल^कर के प्रमुख संरगणा
है. और उनके नीचे १) आजम चीमा (बहावलपूर) २) अबू मूजश्किम्मल (इस्लामाबाद) ३)
आरिरफ कासमानी (कराची) ऐसे और इनके जैसे और भी कमांडस* है. सब कमांडस* LET
सगठण के व्हिलये बदों की भरती करके उन्हें आतंकवादी प्रशिर्शीक्षण देते है. और आतंकवादी
कारवाई को अंजाम देने के व्हिलये जो चामिहये वो मदद करते है.
आजम चीमा बंबई में कोई बड़ी वारदात करना चाहता था और उसके व्हिलये मुझे हिंहदस्ु तान
भेजना चाहता था. पर मेरा पासपोट* मिकर्शीम के टोल इन हॉटेल में रह जाने के वजह से मुझे
हिंहदस्ु तान आने में मिदक्कत आ रही थी. इसव्हिलए आजम चीमा ने मोहम्मद आक्रम नाम से मेरा
पामिकस्तानी पासपोट* बनवाया और उसपे Saudi Arabia का उमरा वीजा लगवाया.
October 2004 में उस पासपोट* के सहारे में Saudi Arabia जाके रिरजवान के पास रहने
लगा. इसी दरम्यान मै मक्का र्शीरीफ २-३ बार हो के आया. एक बार मक्का र्शीरीफ जाते वक्त चेक
नाके पर मेरी तलार्शीी लेते वक्त पुव्हिलस को मैने पामिकस्तानी होने की बात कही लेमिकन मेरी
तलार्शीी में उन्हें मेरे पास हिंहदस्ु तानी Driving licence मिमलनेपर उन्होंने मुझे 3 मिदन जेल में
रखा, वहाँ से मुझे जेदाह ले जाके मिफर 4 मिदन जेल में रखा गया. वहाँ पर हिंहदस्ु तानी
Embassy के लोगोंने मुझसे पूछताछ कर के मुझे Emergency certificate, पर मिदल्ली भेज
मिदया. 2004 के आव्हिखर में मिदल्ली से मैं बंबई आया. मैने मेरे 14000 रिरयाल रिरजवान के पास
रखे थे. 3-4 ममिहने बाद मैने सारी बाते मुजश्किम्मल को बत्ता दी उस वक्त रामिहल बंगलोर में काम
कर रहा था. मैं उसे मिमलने बंगलोर गया और उसे सारी बातें बताके आजम से संपक* में रहने
को कहा.

उसी दौरान ग्रँट रोड में रहने वाले मेरे दोस्त रामिहल र्शीेख की मुझसे मुलाकात हुई . उसने मुझे
मिफरोज घासवाला नाम का लडका ट्रेहिंनग जाने के व्हिलये तय्यार है कहके उसका पासपोट* मुझे
ला के मिदया. उस पासपोट* पर मैने मु^ताक र्शीेख नाम के Agent के जरिरये ईरान का “जिझयारत
मिवजा लगवाके मिफरोज को वाया ईरान ट्रेहिंनग को भेजा. उसी दरम्यान मैंने रिरजवान के पास
रखे हुओ 14000 रिरयाल उसने मुझे भेज मिदये थे. उसके बाद मैने अहमदाबाद में रहनेवाले
उबेद चीपा को वीजा और मिटकट बनवाकर ट्रेमिनग के व्हिलए भेज मिदया. मीरा रोड के नया नगर
से मुझें तकलीफ होने लगी उसके दो कारण थे . एक तो मेरे वाव्हिलद और वाव्हिलदा मेरे साथ
रहते थे और दस ु रा ये मिक नया नगर में मुसलमानों की तादाद ज्यादा होने की वजह से पुव्हिलस
की आचानक चेहिंकग भी होती थी. इसव्हिलए पामिकस्तान से हिंहदस्ु तान आने के बाद जनवरी
2006 में मैं डोंगरी में उद* ु पाठर्शीाला के पास एक भाडे का कमरा लेकर रहने लगा. बाद में मै

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
449

धारावी में शिर्शीफ्ट हुआ और रमिफक युपी रेस्टॉरेंट के माव्हिलक फैजल खुर्शी द के घर पर रहा. 5-
6 ममिहने वहाँ रहने के बाद आजम चीमा से भेजे पैसे रिरजवान के जरिरये मिमले . उसमें से मैने
बांद्रा के पास पेरी क्रॉस रोड पर २४ लक्की 1हीला में एक फ्टॅल मिकराये पर व्हिलया, वहाँ पर मैं
अकेले ही रहता था. माच* 2006 में रिरजवान डावरे हिंहदस्ु तान में ही था. वो Saudi Arabia में
जाना चाहता था वो परिरवार के साथ Dockyard Road पे रहने वाले उसके चाचा से मिमलने
आया था. उसी दरम्यान में वो मुझे बांद्रा में आकर मिमला. हम दोनो में पामिकस्तान में हुई ट्रेहिंनग
ल^कर और आजम चीमा उसके इरादों के बारे में और हिंहदस्ु तान से ज्यादा बंदे ट्रेमिनग के व्हिलये
भेजने के बारे में बातचीत हुई. मैने रिरजवान को आजम चीमा के जरिरये और पैसे भेजने के बारे
में भी कहा. April 2006 में ग्राँट रोड वाले रामिहल र्शीेख ने औरंगाबाद के झुल्फीकार फैय्याज
अहमद का पासपोट* लाकर मिदया. मैने उसपर वीजा लगवाके झुल्फीकार को ट्रेमिनग के व्हिलये
आजम चीमा के पास पामिकस्तान भेजा.

आजम चीमा ने मुझे रिरजवान के जरिरये हवाला से कूल मिमलाकर 10 लाख रूपये भेजे थे.
उसमें से २ लाख रू मैंने अपने वाव्हिलद के ICICI बैंक के खाते में जमा मिकया. जिजन लडकों
को मैने ट्रेहिंनग के व्हिलये भेजा था उनका खचा* आजम चीमा ने भेजे हुझे पैसों मे से मिह मिकया
गया था. अब तक मैने हिंहदस्ु तान से 7 लड़कों को ट्रेहिंनग के व्हिलये पामिकस्तान भेजा. उनके नाम

१) मुझश्किम्मल अताऊर रहेमान र्शीेख २) श्चिचपा मोहम्मद अली चॉद मोहम्मद ३) जमिमर अहमद
लतीफूर रहेमान, ४) झुल्फीकार फैय्याज अहमद ५) घासवाला मिफरोज अब्दल ु लश्चितफ ६)
सोहेल मेहमुद र्शीेख ७) डॉ. तन्वीर अहमद मोहम्मद अन्सारी ऐसे है.
मै मेरे दोस्त आलम जावेद और मु^ताक के साथ बांद्रा के डांस बार में हमेर्शीा जाता था. मै
हैद्राबाद में रहने वाले जावेद को जानता हूँ . वो भी पामिकस्तान से ट्रेमिनग लेके आया है. वो जब
भी बॉम्बे आता था मुझसे मुलाकात करता था. उसे पैसे की बहूत जरूरत थी इसीव्हिलये मैने
२-३ बार उसे पैसे भी मिदये थे. देडसाल पहले बांम्बे के घाटकोपर इलाके में साई प्लाझा
डान्स बार में डान्सर का काम करनेवाली लडकी मनीषा चौहान से मेरी जान पहचान हो गयी.
हम दोनो में गहरी दोस्ती है और एकदस ु रे के घर आना जाना है.
बॉम्बे आने के बाद मैं लगातार आजम के संपक* में रहा. उसने मुझे बंबई में कोई बड़ी वारदात
करने के व्हिलये अच्छा टारगेट ढू ंडने को कहा, मैंने जमीर और सोहेल के साथ बांम्बे का दौरा
मिकया. हम लोग World trade Center, स्टॉक एक्सचेंज, महालक्ष्मी मंमिदर, जिसदधीमिवनायक
मंमिदर, कुछ बड़े र्शीॉपींग मॉल, लोकल रेल्वे स्टेर्शीन में घुमे. तब मैंने पाया के स्टॉक एक्सचेंज,
World trade Center, और मंमिदर में सुरक्षा के इंतजाम सख्त थे लेमिकन लोकल ट्रेन का
टागFट मुझे सही लगा. क्यों मिक वहाँ सुरक्षा के इंतजाम इतने पक्के नहीं थे . और सभी रेल्वे
स्टेर्शीन भीड से भरे होते है . आजम चीमा से जब मेरी फरवरी 2006 में बात हुई तब उसे टागFट
के बारे में जानकारी दी. आजम चीमा को भी ये टागFट अच्छा लगा और उसने मुझे इसके बारे
में और ज्यादा गौर करने के व्हिलये कहा. उसके व्हिलये आजम चीमा ने पामिकस्तान के कुछ लोंगों
को भेजने का जिजक्र मिकया और वह मेहमान जल्द ही बंबई आयेंगे ऐसा बताया. आजमने ये भी
कहा की, मेरी तरह और जिजन हिंहदस्ु तानी बंदों ने पामिकस्तान में तहमिबयत हाजिसल की है उन
लोगो से मुझे contact मै रहने की मिहदायत दी. उस मुतामिबक मैं गोवंडी का मोहम्मद अली,
हैद्राबाद का जावेद, जलगांव का जुनेद, मीरा रोड का साजिजद, मेरे दोस्त ऐहतेर्शीाम, जमीर,
सोहेल र्शीेख और डॉ तन्वीर से लगातार contact में रहा. मेरे contact में और भी कुछ लोग
थे. आजम के कहने पे मिबहार का कमाल और कलकत्ता का माजिजद भी मेरे संपक* में रहता था.
आजम ने तकरीबन ११ मेहमान पामिकस्तान से हिंहदस्ु तान भेजने की बात की थी. मैंने
एहतेर्शीाम, तनवीर, जमीर, मुजश्किम्मल और सोहेल के साथ बांम्बे से मिवरार जाने वाली लोकल
ट्रेनों का सफर कर के वहाँ का जायजा व्हिलया. मैने पाया की भीड के वक्त चलती हुई लोकल
ट्रेनों में धमाका करना ज्यादा आसान रहेगा. मैने धमाको के व्हिलये working Day के र्शीाम का

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
450

वक्त चूना क्योंकी उस वक्त ट्रेनो में भीड ज्यादा होती है. और भीड में आसानी से घुल मिमल
जा सकता था.

उसी दरम्यान ग्रांट रोड वाले रामिहल र्शीेख ने मुझे फोन करके मामिहम बुलाया. तभी उसने मुझे
बताया की उसके घर मिदल्ली की पुव्हिलस पकडने आयी थी. तब वो मिपछवाडे से कुदकर भागा.
उसी में उसका पैर Fracture हो गया, उसने मुझे इलाज के व्हिलए १५००० रू मांगे. मैने उसे
१५००० रू लाकर मिदये. उस वक्त उसके साथ दो आदमी थे. उनमें से एक आदमी का नाम
मुन्नाभाई था. रामिहल ने मुझे बताया की पामिकस्तानी ट्रेमिनग के व्हिलये भेजे हुऐ उबेद या मिफरोज
नाम के लड़के को मिदल्ली पुव्हिलस ने पकड़ा था उसी ने पुव्हिलस को रामिहल का नाम बताने से
मिदल्ली पुव्हिलस उसे पकडने आयी थी. उसने मुझसे मिफर कहा मिक अगर वह पकडा गया तो
पुव्हिलस मुझे पकडेगी. मै अलग काम को अंजाम देने की मिफराक में होने की वजह से रामिहल को
मुझसे ज्यादा Contact नहीं रहने की मिहदायत दी.

उसके बाद मैं अपने काम को अंन्जाम देने में जुट गया. आजम चीमा के इर्शीारों पर लोकल ट्रेन
में धमाके करने के व्हिलये आजिसफ खान उफ* जुनेद ने कुछ बंदो के जरिरये मई २००६ से
सामान एकटठा करना र्शीुरू मिकया. तय मिकये मुतामिबक ये सब सामान जुनेद के गोवंडी वाले
महमद अली के घर रखवा मिदया।

मई २००६ में ही आजम चीमा ने कुछ पामिकस्तानी बंदो को हिंहदस्ु तान शिभजवाया. उनमे से
मिबहार के कमाल ने नेपाल बाड* र के रास्ते से दो लोगों को लाया. उनका नाम असलम और
हामिफज उल्ला बताये गये, माजिजद ने बांग्लादेर्शी के ढाका बॉड* र से ६ पामिकस्तानी बंदो को लाया
उनके नाम साबीर, अबु बकर, कासम आली, अम्मुजान, अबु हसन और एहसानउल्ला ऐसे
बताये गये. आते वक्त एहसानउल्ला ने अपने साथ १५ मिकलो RDX लाया था. हिंहदस्ू तान के
हैद्राबाद का रहने वाला अब्दल ु रझाक जो मिफलहाल पामिकस्तान में है वो गुजरात के कच्छ
बॉड* र से ३ पामिकस्तानी बंदो को लाया उनके नाम अबु उमेद , सलीम और सोहेल र्शीेख ऐसे
बताए गये. इन चारों को मैने अपने बांद्रा वाले घर में रखा था. माजीद ने जिजन पामिकस्तानी बंदो
को लाया था उनके रहने का इंतजाम जुनेद ने मिकया था.

आजम चीमा ने रिरजवान डावरे के जरिरये मुझे देने के व्हिलये मिदये हुए पैसे रिरजवान ने अपने पुना
में रहने वाले भाई अब्दलु रहमान के पास ११२०० रिरयाल भेजे थे. आजम के ये पैसे धमाको
को अंजाम देने के व्हिलये ही भेजे थे . ये पैसे मुझे मिमलने से पहले ही मुझे पुव्हिलस ने पकड व्हिलया
और ये रिरयाल पुव्हिलस ने Inquiry में जब्त कर व्हिलये ये बात मुझे पुव्हिलस से बाद में पता चली.
बम धमाको के दरम्यान मुझे आजम चीमा ने १५००० रिरयाल शिभजवाये थे वो पैसे धमाको के
बाद होनेवाले खचा* के व्हिलये भेजे थे. वो मुझे मिमलने के बाद मैंने अपने घर पे ही रखे थे. ये पैसे
धमाको को अंजाम देनेवाले बंदो को देने थे . लेमिकन धमाको के बाद पुव्हिलस का बंदोबस्त
सख्त हो गया और चौराहे पे नाकाबंदी और चेहिंकग होने लगी इसके व्हिलये मैने पैसों को अपने
पास रखना ही ठीक समझा और मामला ठंडा हो जाने के बाद इसका इंतजाम करने वाला था
लेमिकन मुझे २७ जुलाई २००६ को ही पुव्हिलस ने पकड व्हिलया और Inquiry के दौरान वो पैसे
मेरे पास से पुव्हिलस ने जप्त कर व्हिलये.

काम को अंजाम देने के व्हिलये ११ जुलाई ये मिदन मुकर* र मिकया गया. उसके पहले बम बनाने
की planning की गयी. बम महमंद अली के घर बनाने का Decide हुआ. एहतेर्शीाम, डॉ.
तन्वीर, जुनेद, महंमद अल्ली, साजीद और दस ु रे कुछ बंदे मेरे लगातार contact मे रहते थे,
कभी कभी वो लोग मेरे बांद्रा वाले घर में Meeting के व्हिलये आते थे, ऐसी ही कुछ Meeting
साजिजद के मीरा रोड वाले घर पर भी होती थी. बम बनाने का काम ८-९ और १० जूलाई
२००६ इन मिदनों गोवंडी में मोहम्मद अली के घर पर मिकया गया. बम बनाने का काम
पामिकस्तान से आये हुओ सोहेल र्शीेख और मीरा रोड का साजिजद अंसारी और एक

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
451

पामिकस्तानी बंदो ने मिकया. साजिजद अंसारी की जोगेश्वरी में Mobile Repairing की दक ु ान थी
इसी वजह से उसे electronic circuit के बारे मे जानकारी थी. ऐहतेर्शीाम बम बनाने की पूरी
कारवाई पे देखरेख कर रहा था. उसने मुझे बताया की बम बनाने का काम पाक से आये हुऐ
सोहेल र्शीेख और साजिजद ने मिकया. ऐसे बम के ७ बॅग १० जुलाई २००६ को र्शीाम के मेरे बांद्रा
वाले घर में लाकर रखे गये . आजम चीमा के कहने के मुतामिबक बम plant करने के व्हिलये
पामिकस्तानी और १ लोकल आदमी ऐसी ७ जोश्चिडया बनाई गई. लोकल लोगों में मैं था और
मेरे साथ पामिकस्तानी बंदा अबू बकर था. बाकी लोगो में एहतेर्शीाम, हैदराबाद का नावेद, मिबहार
का कमाल, और मीरा रोड का साजिजद थे ऐसा मुझे याद है. ११ जुलाई २००६ को हम सभी
लोग जोडी में अलग अलग Taxi में बांद्रा से चच* गेट स्टेर्शीन के व्हिलये ३-४ बजे के बीच नीकले.
मै और अबू बकर आव्हिखर में मिनकले. उस मिदन हम में से मिकसी ने अपना मोबाईल साथ में नहीं
रखा था क्योंकी हमे ऐसी मिहदायत दी गई थी. सभी जोमिड़यां १-१ करके चच* गेट स्टेर्शीन के
East side में आई और plan के मुतामिबक बम से भरी bag लेकर सबवे से मिनकलकर
platform पर आश्चिय हरेक जोडी ने plan के मुतामिबक अलग अलग लोकल ट्रेनों में बॅग रखे.
जैसा Decide हुआ था वैसे बॅग रखने के बाद उसी डब्बे में सफर करके बंबई सेंट्रल के बाद
उतरना तय हुआ था. मैने तय हुई ट्रेन के First class compartment में अबू बकर के साथ
चढ़ा. Plan के मुतामिबक मुझे सीट के उपर वाले रैक में बॅग रखना था, लेमिकन रैक पर पहले से
ही सामान रखा हुआ था. इसव्हिलए मैने बम वाला बंग सीट के नीचे रखा उसके बाद मैं और
अबू बकर उसी compartment से दादर तक सफर मिकया और दादर स्टेर्शीन पर उतर गये .
ट्रेन में बहुत भीड थी और हमे उतरने में बहुत मिदक्कत हुई . उतरने के बाद मै अबू बकर को
अपने बांद्रा वाले घर लेकर आया और बाद में plan के मुतामिबक वो अपने आप बस से बांम्बे
के बाहर मिनकल गया.

धमाको के बाद सभी पामिकस्तानी बंदे अपने अपने मिठकाने पर रूके और एक एक करके बस
से बबई से बाहर मिनकलकर दस ु रे र्शीहरोंसे अलग अलग ट्रेन पकडकर पामिकस्तान चले गये .
मुझे बाद में पता बला की हम में से एक बम रखने वाली जुनेद और सलीम की जोड़ी मेंसे
सलीम वक्त पर नहीं उतर पाने की वजह से बम धमाके में र्शीहीद हो गया, वो लाहौर का रहने
वाला था और वो मेरे ही घर पे रूका था.”

1051. After going through the complete confessional statement of A.3,
it will be revealed that the first few paras are relating to his educational
and family background, and then how he came in contact with the
people of SIMI. Then he narrates about his visit to Pakistan in the year
2002 and the training he obtained in the Lashkar-e-Taiba training
camp. He further narrates about the training given to him in such
camps of the use of AK-47, Pistol – TT, and Revolver. He further states
about the training given to him about preparing bombs. In the further
part of the statement, he speaks about his activities relating to sending
other persons for training to Pakistan. Then remains the highlighted

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
452

portion which according to us is relevant for the purpose of the present
matter considering the charge for which he was tried. The translation of
the highlighted portion is as under: –

The True Translation Of The Highlighted Portion
“After coming to Bombay I was in constant touch with Azam. He asked me
to find a good target for a big crime in Bombay. I travelled in Bombay with
Zameer and Sohail. We visited the World Trade Center, Stock Exchange,
Mahalaxmi Temple, Siddhivinayak Temple, some big shopping malls, and
local railway stations. I observed that security arrangements were strict in the
Stock Exchange, World Trade Center and temples but I thought the local
train would be an appropriate target. Because security arrangements were not
so strong there. And all railway stations are crowded. When I talked to Azam
Cheema in February 2006, I gave him information about the target. Azam
Cheema also liked this target and asked me to look into it more. For that
Azam Cheema talked about sending some people from Pakistan and said that
those guests will come to Bombay soon. Azam also instructed me to stay in
contact with other Indian people like me who have obtained training in
Pakistan. Accordingly, I was in constant contact with Mohammad Ali of
Govandi, Javed of Hyderabad, Junaid of Jalgaon, Sajid of Mira Road, my
friends Ehtesham, Zameer, Sohail Sheikh and Dr. Tanveer. There were some
other people in my contact. As per Azam’s instructions, Kamal of Bihar and
Majid of Calcutta also remained in contact with me. Azam had talked about
sending around 11 guests from Pakistan to India. I traveled in local trains
from Bombay to Virar with Ehtesham, Tanveer, Zameer, Muzammil and
Sohail and surveyed the place. I found that it would be easier to carry out the
blast in running local trains during rush hours. I chose the evening time of
the working day for the blasts because the trains are more crowded at that
time. And I could easily mingle with the crowd.
Meanwhile, Rahil Sheikh of Grant Road called me and asked me to come to
Mahim. He told me that Delhi Police had come to his house to arrest him.
He ran away by jumping from the backyard. In that, his leg got fractured. He
asked me for Rs. 15000 for his treatment. I brought Rs. 15000 and gave it to
him. At that time, he had two men with him. One of them was named
Munnabhai. Rahil told me that a boy named Ubed or Firoz who was sent to
Pakistan for training was caught by Delhi Police. He had told Rahil’s name to
the police and hence Delhi Police had come to arrest him. He then told me
that if he is caught, the police will arrest me. As I was planning to execute
some other work, I instructed Rahil not to have much contact with me.
After that I got busy in executing my work. On the instructions of Azam
Cheema, Asif Khan @ Junaid started collecting material from May 2006
with the help of some people to carry out blasts in local trains. As per the
plan, Junaid kept all these materials at the house of Mohammad Ali of
Govandi.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
453

In May 2006, Azam Cheema sent some Pakistani men to India. Kamal from
Bihar brought two of them from the Nepal border. Their names were told to
be Aslam and Hafiz Ullah. Majid brought 6 Pakistani men from the Dhaka
border of Bangladesh. Their names were said to be Sabir, Abu Bakar, Kasam
Ali, Ammujan, Abu Hasan and Ehsanullah. While coming, Ehsanullah
brought 15 kg of RDX with him. Abdul Razak, a resident of Hyderabad,
India, who is currently in Pakistan, brought 3 Pakistani men from the Kutch
border of Gujarat. Their names were told to be Abu Umed, Salim and Sohail
Sheikh. I kept these four in my house in Bandra. Junaid made arrangements
for the stay of the Pakistani men brought by Majid.
The 11200 riyals that Azam Cheema had given to Rizwan Daware to give to
me, Rizwan sent it to his brother Abdul Rehman who lives in Pune. Azam
had sent this money only to carry out the blasts. Before I could receive this
money, I was caught by the police and these riyals were confiscated by the
police during the inquiry. I came to know about this later from the police.
During the bomb blasts, Azam Cheema had sent me 15000 Riyals. That
money was for the expenses to be incurred after the blasts. After receiving it,
I kept it at my home. This money was to be given to the people who carried
out the blasts. But after the blasts, the police security became strict and
blockades and checking started happening at the road intersections. Due to
this, I thought it best to keep the money with me and was going to make
arrangements for it after the matter cooled down, but I was caught by the
police on 27 July 2006 and during the inquiry, the police confiscated that
money from me.

11th July was fixed as the date to execute the blasts. Before that, the planning
of making the bomb was done. It was decided to make the bomb at
Mohammad Ali’s house. Ehtesham, Dr. Tanvir, Junaid, Mohammad Ali,
Sajid and some other people were in constant contact with me. Sometimes
they used to come to my house in Bandra for meetings. Similar meetings also
used to be held at Sajid’s house in Mira Road. The work of bomb-making
was done at Mohammad Ali’s house in Govandi on 8th, 9th and 10th July
2006. The bomb-making was done by Sohail Sheikh from Pakistan, Sajid
Ansari from Mira Road and another Pakistani man. Sajid Ansari had a mobile
repair shop in Jogeshwari, that is why he had knowledge about electronic
circuits. Ehtesham was supervising the entire operation of making the bomb.
He told me that the bomb making was done by Sohail Sheikh and Sajid from
Pakistan. 7 bags of such bombs were brought to my house in Bandra in the
evening on 10th July 2006. As per Azam Cheema’s instructions, 7 pairs were
formed consisting of a Pakistani and 1 local man to plant the bombs. I was
among the locals and with me was a Pakistani guy, Abu Bakar. The rest of the
people were Ehtesham, Naved from Hyderabad, Kamal from Bihar and Sajid
from Mira Road, I remember. On 11th July 2006, all of us left in pairs for
Churchgate station from Bandra in different taxis around 3-4 pm. Abu Bakar
and I left last. That day, none of us had kept our mobile phones with us
because we were instructed to do so. All the pairs came one by one to the
East side of Churchgate station and as per the plan, carrying the bags having
bombs, came out of the subway and reached the platform. Each pair put the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
454

bags in different local trains as per the plan. It was pre-decided that after
keeping the bags as decided, we would travel in the same compartment and
get off after Bombay Central. I boarded the First Class compartment of the
train with Abu Bakar. As per the plan, I had to keep the bag on the rack
above the seat but there was already luggage on the rack. So I kept the bag
with the bomb under the seat. After that, Abu Bakar and I travelled in the
same compartment till Dadar and got off at Dadar station. The train was very
crowded and we had a lot of trouble getting off. After getting off, I brought
Abu Bakar to my house in Bandra and later, as per the plan, he left Bombay
by bus on his own.

After the blasts, all the Pakistanis stayed at their respective places and one by
one left Mumbai by bus and took different trains from different cities to go to
Pakistan. I came to know later that one of us, from the pair of bomb planters
Junaid and Salim, Salim was martyred in the bomb blast because he was not
able to get down on time. He was a resident of Lahore and he had stayed at
my house only.”

Conclusion

1052. The law says that if a full and detailed confession is made in
circumstances which make it unlikely that it was a result of coercion or
inducement, the fact that it is subsequently retracted may mean little or
nothing (Emperor vs. Krishna Bababji Chavan (supra)).

1053. In light of the above referred well settled law position, when we
considered the relevant portion of the confessional statement of A.3
relating to the bomb blasts, we are of the opinion that this retracted
confessional statement does not fall in the category of a full and
detailed confession, which creates doubt of its truthfulness, for the
reasons discussed hereunder.

1054. A.3 – Faisal states that he traveled in local train from Bombay to
Virar with Ehtesham, Tanveer, Zameer, Muzzammil and Suhail, and
chose the evening time of working day for the blasts. However, no
details of the 7 trains fixed for carrying out blasts and their timings are
given.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
455

1055. He then states that, on instructions of Azam Cheema, Asif Khan
@ Junaid (A.13) started collecting material from May 2006 with the
help of some people, to carry out blasts in the local trains. No details
about the material they collected, who gave the information of the
material required for preparation of bomb, and why A.13 was chosen to
collect such material are given by him. This information is important
because preparation of bombs needs expertise knowledge. It is also
important to state what type of bombs were prepared and the material
required for preparing such bombs. A.3 is silent about this most
relevant information.

1056. He states that Azam Cheema sent him 15,000 Riyals, which was
for the expenses to be incurred after the bomb blasts. He states that was
to be given to the persons who carried out the blasts. But after the blast,
the police security became strict and therefore he thought it best to
keep the money with him and was going to make the arrangements
after the matter cooled down.

1057. Even if this explanation for not making the payment to the
accused who had participated in the blasts, is accepted, there is no
explanation why he did not convert the Riyals into Indian Rupees, for
payment. Admittedly, A.1 – Kamal was from Basopatti, a small town.
A.3 is not saying that the accused had knowledge to convert the
currency.

1058. A.3 – Faisal further states that 11th July was fixed as the day to
execute the blasts. Before that, the planning of making the bombs was
done. Though he states that the planning of making bombs was done,
no details of such planning are provided nor discernible therefrom.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
456

1059. A.3 – Faisal states that it was decided to make the bombs at A.6

– Mohd. Ali’s house. Admittedly, A.6’s house, as per the record, is at
Shivaji Nagar, Govandi, which is a congested and crowded area. No
reason is provided by A.3 as to why A.6’s house was chosen to assemble
the bombs. Particularly when some of the Pakistanis were staying at the
house of A.3 – Faisal and further after making of the bombs, the bombs
were to take to the house of A.3 and to be distributed from his house.
In this backdrop even the reason, why the bombs were not assembled at
A.3’s house, is also necessary.

1060. Though A.3 refers, in his statement, about the knowledge of A.7
about electronic circuits, no details are given about what type of
electronic circuit was provided to him. It is important as there are
various types of circuit boards as per the type of bomb. No information
was provided as regards what type of bombs were prepared, what was
the time set, if they were time bombs, the triggering device etc.

1061. Though at the instance of A.3, certain articles namely pressure
cooker whistles, rubber rings, wires, printed circuit board etc. were
recovered u/s 27 of Indian Evidence Act, which A.3 claimed that he
had thrown from the running train, there is no mention about such
material or the fact of throwing such material from the running train in
statement. Even there is no mention of use of pressure cooker for
packing of the bombs. There is no description of the bags or from
where the same were procured.

1062. Though he states that 7 pairs were prepared for planting bombs
in 7 trains, consisting of one local and one Pakistani, no details of such

7 pairs are given, except two such pairs. This disclosure was must

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
457

particularly when the prosecution has no knowledge about who planted
bombs in Cr. No. 78/2006 and Cr. No. 86/2006.

1063. Moreover, according to A.3, deceased accused Salim, who was
Pakistani, accompanied A.13. Whereas, as per the version of A.1-Kamal,
Salim accompanied A.1.

1064. Though he states that A.7 – Sajid was in one of the pairs of the
accused formed for planting the bombs, however, as per the
prosecution, A.7 did not participate in planting the bomb.

1065. He even did not disclose the plans of sending Pakistanis back to
Pakistan. But in most vague manner he only states that the Pakistanis
went back to Pakistan after carrying out the bomb blasts.

1066. A.3 did not explain why the other accused were not allowed to
flee away with the Pakistanis. This is important to state because many
accused were called as suspects at the initial stage of investigation and
they were not arrested and allowed to go home. Even then, no one ran
away. It is to be noted that A.7, in his complaint about torture, has
stated that on 25/07/2006, he had gone to his native when he got the
knowledge that ATS officer called him, then he came back on
15/08/2006 and contacted ATS Officer Shri. Gaikwad on 18/08/2006.
Thus, he did not run away, but on his own went to ATS. Therefore, he
has to further explain if it was decided not to flee away and go to
Pakistan with the other wanted accused, what was the idea and
intention behind such planning.

1067. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
458

A.4 – Ehtesham Siddique

1068. A.4 – Ehtesham Siddique was first arrested on 12/08/2006 in
Cr. No. 77/2006 in Mumbai Central Railway Police Station. He was in
prolonged police custody for 56 days before recording of his
confessional statement. According to him, his confessional statement is
the outcome of torture inflicted on him.

1069. The record shows that the last application seeking remand was
moved by the prosecution on 28/09/2006, i.e. on the next day of
invocation of provisions of MCOCA, in Cr. No. 156/2006. In this
application, it was the case of the prosecution that “considering the
widespread tentacles of the organized crime syndicate and the way in
which the entire continuing unlawful activities are being carried out
with immaculate precision without leaving behind any trail, a thorough
investigation is required to be done for which custodial interrogation of
the accused persons is absolutely essential.”

1070. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is
required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

1071. The confessional statement of A.4 was recorded on 06/10/2006
(Part-I) and 07/10/2006 (Part-II). This shows that just within few days
from the last application of remand, A.4 allegedly gave confessional
statement.

1072. The prosecution could not bring on record the reason for giving
confessional statement by A.2 after prolonged custody of 56 days of his

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
459

police custody. And, particularly when, there was no sufficient evidence
available with the prosecution.

1073. According to A.4, it was because of torture. He immediately at
the earliest opportunity after he was referred to judicial custody
retracted the statement.

Confessional Statement of A.4 – Ehtesham Qutubuddin Siddique
मेरा नाम ऐतेर्शीाम कुतुबुददीन जिसश्किध्दकी है। मेरी उम्र २५ साल है। कारोबार कुछ नहीं. मैं
२०२, समिफया मंजिझल, नया नगर, मिमरा रोड (पूव*), जिजल्हा- ठाणे यहाँ पर रहता हूँ। मेरा जनम
01.01.1982 के मिदन मेरे मामाके गांव तेहुवा, तहजिसल फुलपूर, जिजल्हा-आझमगड, उत्तर
प्रदेर्शी यहा पर हुआ था। मेरे मिपताजी और कुटु म्ब, जब मेरी उमर चार साल की थी। उस टाईम
१९८६ सालमे बम्बई में आए। सन १९८८ मेरे मिपताजी सौदी अरेमिबया मे काम करने के व्हिलए
गए। इसव्हिलए माच* १९८९ मे हम हमारे गांव युनूसपूर , ता. र्शीहागंज, जिजला- जोनपूर, उत्तर
प्रदेर्शी यहा पर लौटे। मेरे मिपताजी श्री. कुतूबुददीन मोबीन अहमद जिसश्किध्दकी, उमर ५० साल,
नॅर्शीनल सेंटर, दमाम जिसटी, सौदी अरेमिबया यहा पर कंपनीमे काम करते है। मेरी माँ श्रीमती
अफसाना कुतुबुददीन जिसश्किध्दकी उमर ४५ साल, कारोबार – गृमिहणी, मेरे गांव में रहती है।
एमिप्रल २००५ मे मेरी र्शीादी हुभी थी। मेरी पत्नी र्शीबीना उमर २२ साल र्शीादी के बाद ६
ममिहने मेरे साथ रही। उसके बाद वह अपने मिपताजी हामीद मेहफुज र्शीेख, झकेरिरया मशिर्शीद,
सहागंज, इलाहाबाद के साथ रह रही है। मै जिसमीका काम करता था इसव्हिलए वह मुझे छोड के
चली गयी। मेरा छोटा भाई ऐहसान, उमर २४ साल, मेरे मिपताजी के साथ नॅर्शीनल सेंटर,
दमाम जिसटी, सौदी अरेमिबया यहा पर काम करता है। मेरी बहन आयर्शीा, उमर ७ साल, मेरे माँ
के साथ गाव में रहती है।

मेरी पहली और दस ु री तक की पढाई एन. के.एस. स्कूल, खेरवाडी, बांन्द्रा पूव*, मुंबई यहा पर
हुअी । उसके बाद पाचवी कक्षा तक पढाई अफझल प्रायमरी स्कूल, युनूसपूर. ता. र्शीहागंज,
जिज. जौनपूर, उत्तर प्रदेर्शी यह बोड ग स्कूल में हुअी। उसके बाद आठवी कक्षा तक पढ़ाई
फलकामिनया ज्युमिनअर हायस्कूल, र्शीाही तालाब, ता. सहागंज, जिजल्हा. – जैनपूर, उत्तर प्रदेर्शी
यहा पर हुआ। उसके बाद दसवी कक्षा तक पढाई महमद हसन इंटर कॉलेज , जैनपूर, उत्तर
प्रदेर्शी यह स्कूल से हुआ। उसके बाद १२ वी सायन्स पढाई महाराष्ट्र कॉलेज , नागपाडा यहाँ
से हुआ उसके बाद नारायण नागु पाटील इंजिजमिनअरिंरग कॉलेज, पेण जिजल्हा- रामगड यहापर
मैने बी.ई. (केमिमकल इंजिजमिनअरिंरग) के दो साल तक पढ़ाई की। जिसमी के बॅन के केसमे अटक
होने के कारण श्चितसरे साल से मैने पढाई छोड मिद।

सन 1993 मे मेरे मिपताजी ने २०२, समिफया मंजिझल, नया नगर, मिमरा रोड (पूव*), जिजल्हा ठाणे
यहा पर दो रूम मिकचन का फलॅट खरीदा था। सन 1996 साल से मेरे घर के लोग यहा पर
रहने लगे। मेरे पढाई के मिदनो मे मैने जिसमी संघटना के बारे में सुना था। मै एमिप्रल २००१ से
जिसमी के पाईप रोड, कुला* यहा के काया*लय में जाने लगा। यह ऑमिफस के लायब्ररी मे मै और
इम्रान र्शीेख, धार्मिमक मिकताबे पढने लगे। यह इम्रान र्शीेख, नारायण नागो पाटील इंजिजमिनयरिंरग
कॉलेजमे मेरे साथ पढ़ता था। और वह मेरा रूम पाट* नर था। यहाँ पर मेरी जिसमी के और
सदस्योसे पहचान हुआ। यहा पर मैं हर इंतवार को रात को होनेवाली दसF कुराण काय* क्रम को
हाजिजर रहता था।

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
460

यहा पर मेरी दोस्ती असरार अहमद उमर २९ साल, इसके साथ हुअी, ओ ट्रान्स इंन्स्टीट्युट
ऑफ कॉम्प्युटर टेक्नॉलॉजी यह संस्था, नया नगर, मिमरा रोड यहाँ पर चलाता था। वह मीरा
रोड सीमी का अध्यक्ष भी रह चुका है। असरार अहमदने मेरी जिसमी के और काय* कता*ओसे
पहचान करवाई।

ऑगस्ट २००१ मे इसरार अहमद, उमर २० साल पत्ता स्कॉन एकरस-२, पमिहला मजला,
नया नगर, मीरा रोड, ठाणे इसने मुझे मिदल्ली मे, जिसमी के मुख्यालय में ट्रेहिंनग के व्हिलए भेजा ।
मेरे साथ अब्दलु ा असमानी को भी ट्रेहिंनग के व्हिलए भेजा। हम मिदल्ली में जिसमीके मुख्य काया*लय
१५१/८-९, झाकीर नगर, नवी मिदल्ली २५ यहा पर गये , यहा पर ट्रेहिंनग के दौरान हमने १)
यासीन पटेल फलाही, उमर ३२ साल पत्ता- अहमदाबाद, गुजरात २) र्शीामिहद बद फलाही,
उमर २९ साल, यूनानी डॉक्टर, पत्ता- मनचौथा जिजल्हा-अजमगढ ३) जमिमल जिसश्किध्दकी,
उमर ४० साल पत्ता- लखनौ, उत्तर प्रदेर्शी, ४) सफदर नागोरी, उमर २९ साल, कारोबार
मेकॅमिनकल इंजिजमिनअर, पत्ता उज्जैन, मध्य प्रदेर्शी, इनके भाषण सुने ।
सन २००१ मे मिदल्ली में मेरी पहचान फैजल अत्ताउर रहेमान र्शीेख, उमर २५ साल पत्ता- पुणे
इसके साथ हुआ। फैजल जिसमी के ट्रेहिंनग के व्हिलए आया था। २ सप्टेंबर २००१ इस मिदन
जिसमीकी एक मिमटींग अजुमंन-ए-इस्लाम स्कूल, 1ही.टी. स्टेर्शीन, बंम्बई यहा पर हुआ थी। यहा
पर २५० जिसमी के काय* कता* इस काय* क्रम को हाजीर थे।

मिद. २७.०९.२००१ के मिदन र्शीाम को १८.०० बजे के दरम्यान जिसमी के कुला* के काया*लय
में गया था। रात के ०८.०० बजे के दरम्यान पोलीस काया*लय में आए और मै और बाकी के
७ लोगो को पकडा, और काया*लय को जिसल लगाया। हमारे व्हिखलाफ कुला* पोलीस स्टेर्शीन मे
गु.र.क्र. २७५/२००१ दज* मिकया और हम लोगो को पुलीस ने अटक मिकया। इस केस में मेरे
साथ डॉ. तन्वीर मोहम्मद इब्रामिहम अन्सारी भी पकड़ा गया था।
आजिसफ खान बशिर्शीर खान उफ* जुनेद उफ* मेहफूज, उमर ३५ साल, पत्ता जलगांव जिजल्हा –
जलगांव, सन २००१ मे महाराष्ट्र के व्हिलये जिसमीका सेक्रेटरी था। यह जलगांव केस में फरार
है। जिसमीपर बॅन के बाद यह कुला* मे भाडेपर रूम लेकर वहाँ से जिसमी का काम करता था। यह
पुरे भारत मे घुमता था। फेब्रुवारी २००६ मे केरल में हुए मिमटीग मे इसको जिसमी का ऑल
इंश्चिडया अध्यक्ष चुना गया था। लेकीन इसने अध्यक्ष बनने से इंन्कार मिकया। इसव्हिलए उसे
जिसमी से बाहर मिकया गया। उसकी जगह मिमसबुल इस्लाम, उमर ३२ साल, पता- कोलकाता
पश्चि6म बंगाल, इसको जिसमी का अध्यक्ष बनाया। आजिसफ खान ने मई २००६ मे उसकी बीबी
और बच्चों को जलगांव से बंम्बई लाया था। और भाडे की रूम लेकर वह मीरा रोड में रहने
लगा था।

कुला* पोलीस स्टेर्शीन के बॅन केस में हम लोग २४ मिदन जेल में थे। उस टाईम पे मेरे उपर दो
केस थे। एक केस में रू. ३०००/- का जामीन और, दस ु रे केस में रू. ८०००/- का जामीन
मंजुर मिकया गया।

माच* २००२ मे इसरार अहमद ने मेरी, मीरा रोड, जिसमी के अध्यक्ष पर मिनयुक्ती मिक, उस टाईम
ईर्शीाद सलीम खान, उमर ३५ साल, पता मीरा रोड यह महाराष्ट्र जिसमी संघटन का अध्यक्ष
था। उसी वक्त मै कुराण का अभ्यास चालु मिकया। कुराण मे जिजहाद के बारे में मैने जादा पढना
चालु मिकया। इंटरनेटपर लष्कर ए तोयबा मिक वेबसाईट jamatuddawa.org इसके जरिरए मैं
जिजहाद और उसके बारे मे व्हिलटरेचर और जिजहाद के तराने , डाउन लोड करता था। और
उसका अभ्यास करता था। गुगल सच* से मे मसुद अजहर प्रमुख जैर्शी-ए-मोहंमद इनकी
स्पीचेस् ढु ढकर डाउनलोड करके सुनता था ।

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
461

एमिप्रल २००३ मे ईर्शीाद खान, उमर ३१ साल, धंदा जिसव्हि1हल इंजिजमिनयर, जिसमी संघटना
महाराष्ट्र अध्यक्ष इसने मेरे पास रू. ५०,०००/- रक्कम मिदयी थी। और उसके कहने पर मैने
वह रक्कम जिसमी का ऑल इंश्चिडया फायनान्स सेक्रेटरी इम्नान अन्सारी, उमर २८ साल, पता-
इंदौर, मध्य प्रदेर्शी उसको मिद थी। यह पैसे सुमिप्रय कोट* में चल रही जिसमी की केस लडने के
व्हिलए मिदई थे।

मई २००३ मे तारीक इस्माईल ने मेरी पहचान भटकल, कना*टक में रहनेवाला रिरयाज
भटकलसे करवाई। वह रिरयाज भटकल जैर्शी -ए-मोहम्मंद संघटने की आजिसफ रझा ग्रुप का
सदस्य था। और २००१ के पहले जिसमी का सदस्य था। जिसमी के बॅन होने के बाद वह
अजिसफ रझा ग्रुप मे चला गया। मैने उससे जिजहाद के बारे में चचा* की, और हिंहन्दस्ू तान मे
मुश्किस्लम लोगो को जिजहाद के बारे मे ट्रेहिंनग देने के व्हिलए ट्रेहिंनग कॅम्प चालु करनेकी और उसीके
व्हिलए जगह धुडं ने की बाते की थी। उसके बाद रिरयाज भटकलने मुझे नेपाल में ट्रेहिंनग के व्हिलए
जगह देखने को कहा। और नेपाल में इस्लामीक संघ के काया*लय में जाकर हरूण रशिर्शीद
नामक 1यमिक्तको मिमलने के व्हिलए कहा था। मै , जुलै २००३ मे मेरा गाव तेवआ, ता. फुलपूर,
जिज. आझमगड, उत्तर प्रदेर्शी यहा पर गया। यहा पर ४/५ मिदन ठहरने के बाद मेरा गांव का
दोस्त मोहमद खालीद इसके साथ मै बस से काठमांडू नेपाल गया। वहासे टॅक्सी पकडकर
घंटाघर के ताज हॉटेल पे गये और वहा पर रूके। दस ु रे मिदन सबेरे १०.०० बजे हम
इस्लामिमक संघ के लायब्ररीमे गए और वहॉपर हरूण रशिर्शीद उमर २७ साल इसको मिमले ।
वहाँसे वह उसके रूम पर लेके गया। वहाँ पर हमने नेपाल मे ट्रेहिंनग कॅम्प चलाने के बारे मे
चचा* मिक थी। उसने बताया मिक, आजिसफ रझा ग्रुपका आजिसफ उफ* अमीर यह मिवरगंज का
रहनेवाला हमको ट्रेहिंनग के व्हिलए जगह देनेवाला है। दस ु रे मिदन हरून रशिर्शीद हमको बससे
मिवरगंज लेके गया। वहाँपर उसने एक मशिर्शीद में हमको जुनेदसे मिमलवाया। जुनेद मिक उमर
अंदाजन ३० साल, उं ची ६ फुट, लुगं ी और कुता* पहना हुआ था। बारिरर्शी का जिसझन है
इसव्हिलए जगह मिदखाना मुश्कि^कल है। ऐसा उसने हमको बताया और बारिरर्शी का जिसझन खतम
होनेके बाद आने के व्हिलए हमको कहा। उसके बाद रकसूल बॉड* र से हम भारत में वामिपस
आए। ऑगस्ट २००३ मे मै तारिरक इस्माईल के घरपर रिरयाझ भटकलसे मिमला और उसको
यह हमिककत बयान मिक ।

नो1हेबर २००३ मे मिनहाल कॉन* र हॉटेल, मीरा रोड के पास मेरी फैसल से मुलाकात हुअी।
फैसल मुझे पहले मिदली में जिसमी के ऑमिफस में मिमला था। उस टाईमसे उससे पहचान थी।
मिमरा रोडमे हमारी पहचान और बढी। हमारा घर में आना जाना चालू था। उस दौरान एक बार
फैसलने मुझे बताया मिक, वह हामिफज सईद, लष्कर ए तोयबा का प्रमुख, इसके साथ बैठता
उठता है। उस टाईम फैजलने मुझे रू २५,०००/- मिदए और कहाँ मिक जिजहाद के बारे मे
मिकताब छापना। उसके बाद मैने muwahideen.tk व jamatuddawa.org इस वेबसाईटसे
मटेरिरयल डाउनलोड मिकया और ‘ईस्लाम की चोटी’ यह शिर्शीष* क का मिकताब प्रकाशिर्शीत मिकया।
मैने फैजल का यह मिकताब मिदखाया। फैजल ने मुझे यह मिकताब की २५० प्रती मिनकालने के
व्हिलए कहा। फेब्रुवारी २००४ तक मै फैजल को मिमलता रहा।
फैजल ने मुझे जिजहाद और अहले-ए-हमिदस के बारे में जानकारी दी और बताया की वह खुद
और उसका भाई मुजम्मील यह पामिकस्तान जाके लष्कर-ए-तोयबा के ट्रेहिंनग कॅम्प मे जाकर
प्रशिर्शीक्षण लेके आए है। उसने मुझे ट्रेहिंनग जाने के व्हिलए कहा था, लेमिकन मैने नकार मिदया।
पाकीस्तान से ट्रेहिंनग करके वापस आने के बाद क्या करना पडता है। ऐसा मैने फैजल को
पुछा था। तब उसने बताया था की पामिकस्तान से भारत में आतंकवादी कारवाई करने के व्हिलए
जो लोग आते है उनके रहने का, खाने का और सुमिवधा देखने का काम करना पडता है।
फैजलने मुझे डॉ. तन्वीर ट्रेमिनग के व्हिलए जा सकता है क्या। यह पुछा था । मैने डॉ. तन्वीर को

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
462

यह बात बतायी तो डॉ. तन्वीर ट्रेहिंनग को जाने के व्हिलए तैयार था। उसके बाद मैने डॉ. तन्बीर
की फैजल से मुस्लीम अँब्युलन्स, भेंडी बाजार यहा पर मुलाकात करवायी।
माच* २००४ मे आव्हिखरी हप्ते मे मैने मेरी इ मेल आयडी [email protected] से फैजल के
आयडी [email protected] पर फैजलसे संपक* मिकया। उस टाईम फैजल पामिकस्तान में
ट्रेमिनग के व्हिलए गया था। उस टाईम फैजलने मुझे बताया की मिद. ०९.०४. २००४ को आझम
चीमाने भेजा हुआ लष्कर-ए-तोयबा का एक आदमी आजमेर, राजस्थान में आ रहा है। वह
गाईड है और राजस्थान बॉड* र से पामिकस्तान जाने का रास्ता वह मिदखानेवाला था। फैजलने
यह बताया की, वह आदमी के सरके उपर लाल रंग का रूमाल होगा। बहा जाने के व्हिलए
फैजलने मुझे उसका भाई मुझेम्मील से रू. १०,०००/- व्हिलए और अजमेर का मिटकट बुक
मिकया। फैजल ने उसका भाई मुझेम्मील से मेरी पहचान मीरा रोड मे करवाई थी। तब से मैं
मुझेम्मील को जानता था। लेमिकन मिद. ०४.०४.२००४ को मेरा भाई ट्रेनसे मिगरकर जखमी हो
गया इसव्हिलए में अजमेर जा नहीं सका। इसके बारे में मैने फैजल को ई-मेल से बताया था।
फैजलने दस ु रे आदमी को भेजने के व्हिलए कहा था। लेमिकन मैंने दसु रे आदमी को भेजा नही।
उसके ३/४ मिदन के बाद फैजलने मिफरसे इंटरनेटसे संपक* मिकया और मेरे उपर बहुत गुस्सा
मिकया। मिद. २०.०४.२००४ को मैने डॉ. तन्वीर का पासपोट* मुझेम्मील को मिदया। उसके बाद
डॉ. तन्वीर मे २००४ में ट्रेहिंनग के व्हिलए चला गया। तन्वीर का मिवसा और मिटकट का इंतजाम
मुझम्मील ने कीया था। तन्वीर को ट्रेहिंनग को जाने के व्हिलए मैंने मोटीवेट कीया था। और ट्रेमिनग
के दौरान बम बनाने की मालुमात हाजिसल करने के व्हिलए उसको कहा था।
जुन २००४ के दस ु रे हप्ते में डॉ. तन्वीर ट्रेहिंनगसे वापस आया। मैं उसका, उसके घरके बाजूमे
अहले ए हामिदस मशिर्शीद में पास, मोमीनपुरा, आग्रीपाडा यहा पर मिमला। उसने मुझे उसके
ट्रेहिंनग के बारे में पुरा बताया और बॉम्ब बनाने के बारे में जानकारी दी। मैने कोट* मे केस लखने
के व्हिलए इम्रान अन्सारी का रू. २५,०००/- मिदये। यह पैसे मुझे महाराष्ट्र जिसमीके अध्यक्ष
इर्शीा*द खान ने मिदए थे।

ऑगस्ट २००५ में फैजल मुझे बांद्रा स्टेर्शीनमे मिमला था। तब फैजलने मुझे बताया की,
पाकीस्तान में ट्रेहिंनग के दरम्यान बहाका पुरा माहोल का अंदाजा लेने के बाद उसके समझमे
आया की, पामिकस्तान में चलरहे सभी ट्रेमिनग कॅम्प यह आय.एस.आय. के कट्रोल में और
उनके मिनदFर्शीपर ही चलते है। फैजलने मुझे यह भी बताया की, अयोध्या मंदीरपर हमला
आय.एस.आय. के कहनेपरही ल^कर-ए-तोयबा और जैर्शी-ए-मोहम्मद ने मिमलकर मिकया था।
जिजन लोगोने इस हमलेको अंजाम मिदया, वह पहले बम्बई आये थे। उनका बम्बईके ट्रेनोमे बम
धमाके करने का इरादा था। लेमिकन, रहनेका और बाकी चीजोंका इंतजाम नहीं हुआ। इसव्हिलये
आय.एस.आय. ने उनको अयोध्या मंदीरपर हमला करने के व्हिलये कहा। इस बात का पता मुझे
फैजल से चला। उस वक्त फैजल ने मुझे बम्बई में वारदात करने का आझम चीमाने तय मिकया
है ऐसा बताया।

मेरा जिजहाद के बारे मे स्टडी चालू था। और मै जिसमी के मेरी जहमिनयत की लोग, के संपक* में
था। जिजहाद पे अंमल कैसा मिकये जाए और जिजहादी ट्रेहिंनग के व्हिलए जगह के बारे मे बातचीत
करने के व्हिलए सफरदर हुसैन नागोरी उफ* हुसैन, उमर ३६ साल, पताः उज्जैन, मध्यप्रदेर्शी
और मैने उज्जैन मे मिद. ०४.०७.२००६ से ०७.०७.२००६ तक मिमटौग आयोजीत की थी।
यह मिमटींग के व्हिलए मिद. ०३.०७.२००६ के मिदन मैं और मेरे चार सहकारी रात को २०.००
वा. बोरीवली स्टेर्शीनसे अंवतीका एक्सप्रेस में बैठे और दस ु रे मिदन सुबह ९.०० वा. बजे के
दरम्यान उज्जैन में पहुचं े। वहा पर हमको लेने के व्हिलए कमरूददीन नागोरी उफ* राजूभाई आया
था। यह सफदर नागोरी का भाई और मध्य प्रदेर्शी जिसमीका अध्यक्ष है। वहाँसे हम रिरक्षासे हम
कमरूददीन नागोरी के खेतमे एक झोपडे मे पहुच ं े। यह खेत और झोपडी कमरूददीन नागोरी

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
463

की थी। वहा पर मिमटीग के व्हिलए इकरार र्शीेख पता- उज्जैन, अकबर बेग, पताः इंदौर और
र्शीहनवास, पता- लखनौ यह जिसमी के काय* कता* हाजिजर थे। मिद. ०४.०७.२००६, मिद.
०५.०७.२००६ और मिद. ०६.०७. २००६ पैसे श्चितन मिमटींग चली मिमटींग में तय हुअी चीजे
इस प्रकार है।

1) जिजहाद क व्हिलए नया संगठण स्थापन मिकया गया। उसको सुरक्षा करने की वजह नाम नही
मिदया गया।

2) यह संघटन जिसमी के अंदर रहकर जिजहाद का काम करेगा।

3) संघठन के लक्ष और काय* प्रणाली ऐसी है।

अ) व्हिखलाफत को कायम करने के व्हिलए कोशिर्शीर्शी करना।
ब) दमिु नयाभर मे जारी जिजहाद में शिर्शीरकत के व्हिलए रास्ते मिनकालना ।
क) वाजयावी बाबरी मशिर्शीद और कामिफरो का ऐतहसाब (कत्तल) करना ।

4) यह संगठण के व्हिलए दमिु नयाभरसे ढाई साल के अंदर अमिमर तलार्शीना तालीबान का मुल्ला
उमर अमिमर चुना जा सकता है।

5) यह संगठण का एक वाली, उसके मिनचे एक मामिवन अली रहेगा। हर राज्य मे संगठण प्रमुख
एक नमिकब रहेगा। उसके दो सहाय्यक नमिकब रहेंगे। और उनके मिनचे २४ लोग, ४ के ग्रुप से
काम करेगे. ग्रुप मे चारोमेसे १ बेस्ट र्शीुटर, १ बेस्ट ड्राय1हर, १ खुमिफया जानकारी हाजिसल
करनेके व्हिलए और १ सहाय्यक काम के व्हिलए.

6) एक साल मे सब लोगोको प्रशिर्शीश्चिक्षत मिकया जाएगा।

7) मध्य प्रदेर्शी मे कमरूददीन नागोरी और मिबहार में मै ट्रेहिंनग के व्हिलए जगह ढू ंढेगा।

8) एक साल के बाद कारवाई र्शीुरू मिक जाएगी।

9) 1ही.एच.पी., बजरंग दल, मुस्लीम मिवरोधी लोग और मुस्लीम मिवरोधी पोलीस अश्चिधकारी की
कत्तल मिकया जाएगा।

10) अब्दलु सुभान कुरेर्शीी उफ* काजिसम और र्शीेहनवास यह देर्शी की बाहर के जिजहादी संघटन
से संपक* करेंगे।

11) रू. १५ लाख जमा करेनका तय हुआ। इसमे से रू. ५ लाख जमिमन के व्हिलए, और रू. ५
लाख प्रशिर्शीक्षण के व्हिलए। और रू. ५ लाख प्रवास खच* के व्हिलए उपयोग मिकया जाएगा।

12) सफदर नागोरी को वाली चुना गया। महाराष्ट्र का नमिकब मुझे चुना गया और हामिफन उफ*
सईद को कना*टक का नमिकब चुना गया।

इस मिमटींग के दौरान मै फैजलसे लगातार संपक* में था। और हमारे प्लॅन की प्रोग्रेस के बारे मे
उससे जानकारी लेता था ।

यह मिमटींग होने के बाद मिद. ०६.०७.२००६ को मै बम्बई लौटा।
फैजल जब पामिकस्तान से ट्रेहिंनग लेकर आया था। उसके बाद वो लष्कर-ए-तोयबा के कमांडर
आझम चीमा के हमेर्शीा संपक* में रहता था। इसके बारे मे जब वो मुझे मिमलता था तब वह मुझे
बताता था। मई २००६ मे आझम चीमा ने कुछ पामिकस्तानी बंदो को हिंहन्दस्ु तान शिभजवाया
था। उनमे से मिबहार के कमाल अहमद मोहमद वकील अन्सारी ने नेपाळ बॉड* र के रास्ते दो
लोगो को लाया था। उनके नाम अस्लम और हाफीज उल्ला ऐसे बताये गये। मुझे फैजल ने

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
464

बताया था की कमाल पामिकस्तानसे लष्कर ए तोयबा के ट्रेहिंनग कॅम्पसे ट्रेहिंनग करके आया है।
फैजल से मुझे यह पता चला की माजीद ने बांगला देर्शी के ढाका बॉड* र से ६ पामिकस्तानी बंदो
को लाया था। उनके नाम साबीर, अबु बकर, कासम अली, अंम्मुजान, अबु हसन और
एहसान उल्ला ऐसे बताये गये। आते वक्त एहसान उल्लाने अपने साथ १५ मिकलो आरडीएक्स
लाया था। बाकी कुछ पामिकस्तानी बंदे कच्छ बॉड* र से आये थे।
आझम चीमा से टारगेट ढू ंढनेका मेसेज आया था। इसके बारे में फैजल ने जलगांव के आजिसफ
खान उफ* जुनेद से चचा* की थी। और वो जुनेदसे आगे के कारवाई के बारे मे हुकूम लेता था।
आझम चीमा के कहने पे फैजल ने बम्बई में टारगेट ढु ंढने के व्हिलए र्शीुरूवात की थी। फैजल ने
बताया था की वल्ड* ट्रेड सेंटर, स्टॉक एक्सेज, महालक्ष्मी मंदीर, जिसध्दी मिवनायक मंदीर, कुछ
बड़े मॉल्स, लोकल रेल्वे स्टेर्शीन इत्यादी टारगेट का जायजा लेने के व्हिलए कहा था। फैजल,
जमीर और सोहेल ये लोगो ने बम्बई का दौरा करने के बाद यह पाया की, रेल्वे ट्रेन्स टारगेट
करना आसान है। क्यो की बाकी जगह सुरक्षा के इंतजाम अच्छे थे। मै , हैद्राबाद का नावेद,
गोवंडी का मोहम्मद अल्ली, जलगांव का जुनेद, मीरा रोड का साजीद, जमीर, सोहेल र्शीेख,
और डॉ. तन्वीर लगातार फैजल के कॉन्टॅक्ट मे रहते थे।

फैजल ने मुझे बताया था की आझम चीमाने तय मिकया है मिक बम्बई के वेस्टन* लाईनपर र्शीाम
के भीडके समय ७ ट्रेनो मे बम धमाके करनेका तय हुआ है। उसके बाद मैने , फैजल, तन्वीर,
जमीर, मुझम्मील और सोहेल के साथ मे चच* गेट से मिवरार जानेवाली लोकल ट्रेनो में सफर
करके जायजा व्हिलया था। कभी कभी उसके घर में भी जाते थे। फैजलने बताया की ११ जुलै ,
२००६ को बम धमाके करने का तय हुआ है।

जब बम बनाने की प्लॅनींग हुई उस टाईम गोवंडी के मोहम्मद अली के घर पे बम बनाने का
फैसला व्हिलया था। बम बनाने का काम ८, ९ और १० जुलै को मोहम्मद अली के घर जो
गोवंडी में रहता है वहापर मिकया गया। बम बनानेका काम पामिकस्तानसे आये हुये सोहेल र्शीेख
और मीरा रोड का साजीद अन्सारी और एक पामिकस्तानी बंदे ने मिकया। बम बनाते वक्त
आरडीएक्स, अमोमिनयम नायट्रेट, श्चिडझेल, ९ 1होल्ट की बॅटरी और क्वाट* स, घडी यह
श्चिचजोंका इस्तेमाल मिकया था। वहा पर जलगांव का आसीफ खान उफ* जुनेद, पामिकस्तानसे
आया हुआ अंम्मुजान, परवेज ये लोंग भी हाजीर थे। मै बम बनानेकी पुरी कारवाई पर देखरेख
करता था। डॉ. तन्वीर भी बम बना ते समय हाजीर था। और वह बाहर सुरक्षा के बारे मे
मिनगरानी कर रहा था। मैने बम बनाने के काय* वाहीपर सुपरमिवजन मिकया। बम बनाने के बाद ७
बॅग मे रखे गये। और वह ७ बॅग १० जुलै, २००६ के र्शीाम को फैजल के बांद्रावाले घर मे
लाके रखे।

फैजलने मुझे दस ु रे मिदन दोपहर को आने को कहा। उसने मोबाईल फोन साथ में नही लाने के
व्हिलए कहा था। उसके कहने के मुताबीक मै ११ जुलै २००६ को दोपहर के साडे तीन बजे के
दरम्यान फैजल के घर पहुच ं ा। वहा पर और १०-१२ बंदे हाजीर थे। फैजलने मुझे एक बम
की बॅग दी। उस टाईम उसने मेरे साथ एक आदमी मिदया। उसको मै अंम्मुजान यह नाम से
जानता हु और ओ पामिकस्तानी बंदा है ऐसे बताया गया। उसके बाद फैजलने हमको टॅक्सी
पकड के चच* गेट रेल्वे स्टेर्शीन जाने को कहा। और वो बम वाली बॅग तकरीबन १७.१५ बजे
चच* गेट से छुटनेवाली मिवरार ट्रेनके फस्ट क्लासके डीब्बेमे सामान रखनेके रॅकपर रखने को
कहा। उसकी सूचना के अनुसार मैं और अम्मुजान जो पामिकस्तानी आदमी था टॅक्सी
पकडके चच* गेट रेल्वे स्टेर्शीन गये। वहा हम दोनों ने मिवरार जानेके व्हिलये फस्ट* क्लासकी दो
मिटकटे व्हिल। तभी चच* गेट रेल्वे स्टेर्शीन के अंदर प्लॅट फॉम* नं. ३ पर मिवरार जानेवाली फास्ट
लोकल ट्रेन लगी थी और १७.१९ को छूटने वाली थी। मैं और अम्मुजान ने बम रखी हुई
काली बॅग लेकर उस ट्रेनके आगे के फस्ट* क्लास के श्चिडब्बेमे चढ़ गये। उस श्चिडब्बे की सामान

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
465

रखने की रैंक पर मैने वो बम वाली काली बॅग रखी। उसके बाद हम दोनो उसी श्चिडब्बेमें रूके।
उसके बाद प्लॅन के मुताबीक हम दादर रेल्वे स्टे र्शीन तक गये । और वहा से ट्रेन से उतर कर
टॅक्सी से अब्दल
ू वाहीद के घर मुंब्रा गये। अब्दल
ु वाहीद के घर मुंब्रा में पहुच
ं ने के बाद साजीर्शी
को अंजाम देनेवाले और चार पामिकस्तानी बंदे आये और वो सब २-३ घंटे रूकने के बाद बस
से बम्बई के बाहर चले गये।

1074. After going through the complete confessional statement of A.4,
it will be revealed that the first few paras are relating to his educational
and family background, and then how he came in contact with the
people of SIMI. Then he narrates how he came in contact with A.3 –
Faisal, and about his activities as a SIMI Activist. Then he speaks about
how he came in contact with Riyaz Bhatkal, a member of Jaish-e-
Mohammad group. In the last and highlighted portion, he disclosed the
planning about the bomb blast to be carried out in the local trains, and
the survey made by him along with the accused Faisal, Tanveer,
Zameer, Muzzammil and Suhail to finalise the targets. He further
speaks about the preparation of the bombs and the supervision he
made during the said process of preparation of bombs. He then states
about the keeping of bomb bags in the train from Churchgate to Virar
at 17:15 hrs. Thus, the highlighted portion of the statement is relevant.

The True Translation Of The Highlighted Portion
“After Faisal returned from Pakistan after training, he was always in touch
with Lashkar-e-Taiba commander Azam Cheema. He used to tell me about
this whenever he met me. In May 2006, Azam Cheema sent some Pakistani
people to India. Among them, Kamal Ahmed Mohammad Vakil Ansari of
Bihar brought two people via Nepal border. Their names were given as
Aslam and Hafiz Ullah. Faisal told me that Kamal had returned from
Pakistan after training from Lashkar-e-Taiba’s training camp । I came to know
from Faisal that Majeed had sent two Pakistani men to India from
Bangladesh. 6 Pakistani prisoners were brought from Dhaka border. Their
names were given as Sabir, Abu Bakar, Kasam Ali, Ammujan, Abu Hasan and
Ehsan Ullah. While coming from pakistan, Ehsan Ullah had brought 15 kg
of RDX with him. Some other Pakistani prisoners came from Kutch border.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
466

A message to find a target was received from Azam Cheema. Faizal discussed
this with Asif Khan alias Junaid of Jalgaon. And he used to take orders from
Junaid about further action. On the instructions of Azam Cheema, Faizal
started to find targets in Bombay. Faizal had told that he was asked to take
stock of the targets like World Trade Center, Stock Exchange, Mahalaxmi
Temple, Siddhi Vinayak Temple, some big malls, local railway stations etc.
After visiting Bombay, Faizal, Zameer and Sohail found that it is easy to
target railway trains. Because the security arrangements were good at other
places. I along with Naved from Hyderabad, Mohammad Ali from Govandi,
Junaid from Jalgaon, Sajid from Mira Road, Zameer, Sohail Sheikh and Dr.
Tanveer were constantly in contact with Faizal.

Faisal had told me that Azam Cheema had decided to bomb 7 trains
on the Western Line of Bombay during the evening rush hour. After that, I,
along with Faisal, Tanveer, Zameer, Muzzamil and Sohail, travelled in local
trains from Churchgate to Virar and analyzed the situation. Sometimes we
would also go to his house. Faisal told me that it was decided to plant the
bombs on 11th July, 2006.

When the planning of making the bomb was done, it was decided to
make the bomb at Mohammad Ali’s house in Govandi. The bomb making
work was done at Mohammad Ali’s house in Govandi on 8th, 9th and 10th
July. The bomb making work was done by Sohail Sheikh from Pakistan, Sajid
Ansari from Mira Road and a Pakistani man. While making the bomb, things
like RDX, ammonium nitrate, diesel, 9 watt battery and quartz watch etc.
were used. Asif Khan alias Junaid from Jalgaon, Ammujan from Pakistan,
Parvez etc. were also present there. I used to supervise the entire operation of
making the bomb. Dr. Tanveer was also present while making the bomb. And
he was monitoring the security outside. I supervised the bomb making
process. After making the bombs, they were kept in 7 bags. And those 7 bags
were brought to Faisal’s house in Bandra on the evening of July 10, 2006.

Faizal asked me to come the next day in the afternoon. He had asked
me not to bring my mobile phone with me. As per his instructions, I reached
Faizal’s house on 11th July 2006 at around 3:30 in the afternoon. There
were 10-12 other people present there. Faizal gave me one bag which was
having a bomb. At that time I was accompanied by another man. I know
him by the name of Ammujan and he is a Pakistani man. He was told to be a
Pakistani. After that Faizal asked us to take a taxi and go to Churchgate
Railway Station. And that bomb bag was with us. He had given the
instruction to keep the bag on the luggage rack of the first class bogie of the
Virar fast which was about to leave from the churchgate station at about
17:15 hours. Upon his Instructions me and Ammujaan who came from
Pakistan took a Taxi and went to churchgate railway station and bought two
tickets for first class compartment of the fast train going to Virar. At the
same time a fast local train going to virar was halted on platform no. 3,
churchgate and was about to leave at 17:19 hours. I and Ammujaan boarded

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
467

the first class compartment by taking the black bag in which the bomb was
kept. I kept the black bag on the luggage rack of the first class compartment.
After that we stood in the same compartment and got down at Dadar
Railway Station as per the plan. After getting down from the train we took a
taxi and went to Abdul Wahid’s house in Mumbra. After reaching Abdul
Wahid’s house in Mumbra four more Pakistani men came who were
involved to execute the conspiracy and stayed for 2-3 hours and boarded the
buses to get out of Mumbai.”

Conclusion
1075. The law says that if a full and detailed confession is made in
circumstances which make it unlikely that it was a result of coercion or
inducement, the fact that it is subsequently retracted may mean little or
nothing (Emperor vs. Krishna Bababji Chavan (supra)).

1076. In light of the above referred well settled law position, when we
appreciated the relevant portion of the confessional statement of A.4,
we are of the opinion that this retracted confessional statement does
not fall in the category of a ‘full and detailed confession’, and therefore,
creates doubt about its truthfulness, for the reasons discussed
hereunder.

1077. As per A.4, he was a part of the planning for carrying out the
bomb blasts. According to him, when the planning of making the
bombs was done, it was decided to make the bombs at A.6’s house. He,
like A.3, has not given the explanation why A.6’s house was chosen for
making the bombs, particularly when A.6’s house was in crowded area
and the bombs were to be taken to and distributed from A.3’s house.

1078. Though A.4 refers to preparing of plannings, no details of such
plannings are given.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
468

1079. He refers to material of bomb namely, RDX, Ammonium
Nitrate, Diesel, 9 volts battery, and Quartz watch, but he is silent about
pressure cooker used for packing the bombs.

1080. He refers to procurement of material, however, he did not give
the details from where such material was procured and who procured
the same and when.

1081. He states that the bombs were prepared on 8 th, 9th, and 10th July,
but no details are given about the type of bombs, or the type of
triggering devices used, or the time set, if it was a time bomb.

1082. He states that A.3 – Faisal asked him to take a taxi and go to
Churchgate and plant the bomb in 5:15pm Virar fast train. However,
he has not disclosed from where he hired the taxi and how he traveled
from the house of A.3 to the point of taxi.

1083. Furthermore, though he was involved in the planning, he did
not refer to the details of the seven trains in which they decided to carry
out the bomb blasts.

1084. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

A.5 – Mohd. Majid

1085. A.5 – Mohd. Majid was arrested on 29/09/2006 in Cr. No.
156/2006 in Borivali Railway Police Station. He was in police custody
for 26 days before recording of his confessional statement. According to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:30 :::
469

him, his confessional statement is the outcome of and the result of
torture inflicted on him.

1086. The record shows that the last application moved by the
prosecution for seeking remand was on 13/10/2006 in MCOC Cr. No.
05/2006. In this application, it was the case of the prosecution that “It
becomes incumbent for investigation agency to go to the root of the
matter and to nab all the persons responsible for this crime, including
persons from Pakistan as also the local associates, members and
abettors, who are involved in the commission of this organised crime
and the acts preparatory to the commission of this offence.
Investigation is in progress, still many other aspects are to be verified,
therefore, the custody of the accused persons is required.”

1087. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is
required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

1088. The confessional statement of A.5 was recorded on 24/10/2006
(Part-I) and 25/10/2006 (Part-II). The prosecution could not bring on
record the reason for giving confessional statement by A.5 after prolong
custody of 26 days of his police custody. And, particularly when, there
was no sufficient evidence available with the prosecution.

1089. According to A.5, it was because of torture and therefore, he
immediately at the earliest opportunity after he was referred to judicial
custody retracted the statement.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
470

Confessional Statement of A.5 – Mohd. Majid
मेरा नाम मोहम्मद माजीद मोहम्मद र्शीफी अन्सारी है. मेरी उम्र २८ साल है. मै ७/३, डॉ.
एम.एन. चटज सरानी, राजा बाझार, कोलकत्ता-९ यहा पर राजा फुटवेअर और न्यू स्टार
फुटवेअर नाम के जुते की दक ु ान चलाता हूँ. जुते के दक
ु ान के अलावा मिपछले दो साल से मैं
च^मे का मिबझनेस पाट* नरशिर्शीप में करता हूँ. इस मिबझनेस मे मेरा पाट* नर मेरे बचपनका दोस्त
महमद र्शीमिकल महमद मेहबुब है. मैं १७/२, एच/६, कॅनलवेस्ट रोड, नाकFल डांगा पोलीस
स्टेर्शीन के नजदीक कोलकत्ता-९ यहा मेरी बीबी फरझाना और मेरी एक ममिहने की छोटी बेटी,
मॉ मुस्तरी बेगम महमद र्शीफी और मेरे छह भाईयो के साथ रहता हूँ. मुझे चार बहने है और
उनकी र्शीादीया हो चुकी है. वे उनके पती के साथ रहती है.
मेरे मिपता मोहंमद र्शीफी सन १९८९ में गुजर गये . मेरे मिपता का चप्पल और जुतों की दकु ान
अभी हमसब भाई मिमलकर चलाते है और उसमे से मिमली कमाई पर हमारा गुजारा होता है.
जुन २००५ मे मैने प्रेम मिववाह मिकया. मेरी पश्कित्न फरझाना माजिजद अभी भी पढ़ रही है. मेरे
ससुर पेर्शीे से वकील है.

मेरा जन्म ०९/०३/१९७९ को कोलकाता में हुआ है. मैने कक्षा पहली से पाँचवी कक्षा तक,
मोहम्मद जान हायर सेकेंडरी हायस्कुल, कोलुटोला, कलकत्ता-७३ इस स्कुल में पढाई पुरी
की. उसके बाद मैं इनसानी बोर्डिंडग स्कुल, मिबहार में एक साल तक छटी कक्षा में पढ़ा. मिफर मैंने
सातवी कक्षा से नवी कक्षा तक मोहम्मद जान हायर सेकंडरी हायस्कुल, कोलुटोला,
कलकत्ता-७३ में पढ़ाई पुरी की. मेरा पढाई में मिदल नहीं लगता था. मै मिपता और भाई के जेब
से पैसे भी चुराया करता था। और जिसनेमा देखा करता था. मैंने सन १९९८ से पढ़ाई छोड़ दी
और मैं और मेरे मिपता के राजा फुटवेअर व न्युस्टार फुटवेअर इस दक ु ान पर मेरे भाईयों के
साथ काम देखता हूँ.

मेरी सौतेली बुआ सोनी (पुरा नाम मालुम नही) ढाका, बांगलादेर्शी में रहती है. उन्हें एक
लडका मोहम्मद आशिर्शीफ और उसकी उम्र २४ साल है. उनके पती का सायकल पाट* बनाने
का कारखाना बांग्लादेर्शी में है. उसका लडका मोहमद आशिर्शीफ मेरे सौतेले चाचा मोहम्मद
अस्लम को मिमलने को कोलकत्ता के व्हिलए आता जाता रहता है. वो कोलकत्ता आने पर हम
साथ मे घुमा-मिफरा करते थे. सभी खचा* मोहमद आजिसफ खुद करता था.
२००१ मै और मेरे कोलकत्ता के दोस्त महम्मद र्शीकील, मोहम्मद नूर आलम, महम्मद
खुर्शिर्शीद, महम्मद मैफुज आदम , मोहम्मद फैसल, मोहम्मद मिफरोज इनके साथ बम्बई घुमने
आया था. और मिदसंबर २००१ मे मेरा बांगलादेर्शी में रहनेवाला सौतेला भाई आजिसफ और
उसके दोस्त मोहसीन, पप्पू, ताज और एक लडका (जिजसका नाम अभी मुझे याद नही) इनके
साथ आया था. तब उनके साथ छ मिदन के व्हिलये दार्जिजलींग भी घुमने गया था। और उसका
पुरा खचा* उन्ही लोंग ने मिकया था.

मिदसंबर २००३ में मेरा बांगलादेर्शी में रहने वाला सौतेला भाई आजिसफ उसके माता मिपता के
साथ उसके मामु अझगर के र्शीादी के व्हिलये कोलकाता आया था. उस वक्त वे सब दस मिदन
कोलकत्ता ठहरे थे. उस वक्त आसीफ के साथ उसके बांगलादेर्शी में रहनेवाले दोस्त सामी,
ताज, मोहसीन, पप्पू, तुषार ये लोग भी कोलकत्ता आये हुए थे. वे अजगर के ३ बी, गॅस स्ट्रीट
इस पते पर ठहरे थे. अजगर की र्शीादी के दस ु रे मिदन रिरसेप्र्शीन था. उसी मिदन हम सब पहले
बम्बई और वहाँ से गोवा घुमने गये . बम्बई मे हम भेंडी बाजार के एक हॉटेल में रूके थे . उस
वक्त आसीफ के पास मोबाईल नंबर ९८३०७६२१७२ था.

२००३ में मेरे पास रिरलायन्स कंपनी का मोबाईल फोन नंबर ९३३१९८६३५६ था. लेकीन
उसका बील न भरने की वजह से वो बंद हो गया. उसके बाद आसीफ ने उसके खुद के व्हिलए

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
471

व्हिलया मोबाईल फोन क्र. ९८३०७६२१७२, मैंने इस्तेमाल मिकया था. इस नंबर पर मुझे
आसीफ फोन मिकया करता था। बाद में यह फोन मैंने फेक मिदया.
फरवरी २००६ के दरम्यान मुझे मेरे मोबाईल नं. ९८३०७६२१७२ पर आसीफने फोन
करके बताया की उसका एक दोस्त सामी कुछ अज–ट काम से बांगलादेर्शी जाना चाहता है .
लेकीन उसका बांग्लादेर्शी का पासपोट* खत्म हुआ है. इसव्हिलए उसे बांग्लादेर्शी बॉड* रपार कराने
में उसकी मदद करो। इस बात के व्हिलये मैने उसे हा कहा था. बाद में सामी ने मुझे फोनकर
जिसयालदा स्टेर्शीन पर बुलाया। मैं उसे वहाँ जाकर मिमला. बातचीत और लहजे से सामी
मिहन्दस्ु तानी लगता था. बाद में हम दोनो ने बोनगांव स्टेर्शीन जाने के व्हिलये ट्रेन पकड़ी. इस
समय सब खचा* सामी ने मिकया. दो घंटे बाद हम बोनगाव स्टेर्शीन पहुँचे. वहाँ पहुँचने पर कल्लु
नामक आदमी ने मेरे मोबाईल पर मुझे फोन मिकया. बाद में मुझे पता चला की कल्लु को मेरा
मोबाईल नंबर आसीफ ने मिदया था. कल्लू ने हमे बोनगाव बाजार में बुलाया. हम रिरक्षा पकडकर
बोनगांव बाजार पहुँचे, वहाँ हमे कल्लु मिमला. मैंने कल्लु से सामी को मिमलवाया. और सामी को
बॉड* र पार करने के व्हिलये कल्लू के हवाले कर मिदया और मैं कोलकत्ता वापीस चला आया. इस
काम के व्हिलये सामी ने मुझे ३०००/- रूपये मिदये और कल्लु को भी कुछ रूपये मिदये.
इसके १५-२० मिदनों के बाद मुझे आसीफने मेरे मोबाईल पर फोन करके बताया की सामी
मिबना कोई मिदक्कत के बांगलादेर्शी मे अपने जगहपर पहुँच गया है. उसी वक्त आसीफ ने मुझसे ये
भी गुजारीर्शी की की उसके और दो दोस्त बांगलादेर्शी जाना चाहते है और उन्हें भी इंडीया की
बॉड* र क्रॉस करने में मदद करो। उसी दौरान सामी का भी मुझे फोन आया और उसने भी
आसीफ के उन दो दोस्तो को बॉड* र पार करने में मदद करो ऐसी रिरक्वेस्ट करके तुम्हे पैसा
मिमलेगा ऐसा कहा, मैं इस काम के व्हिलये तैयार हो गया.

फरवरी २००६ को आखरी हप्ते में र्शीाम को मुझे मेरे मोबाईल पर जिसयालदा रेल्वे स्टैर्शीन से
फोन आया. फोन करनेवाली 1यक्तीने आसीफ का रेफरन्स मिदया और मुझे जिसयलदा रेल्वे
स्टेर्शीन पर बुलाया. वहाँ पहुँचने बाद मैंने देखा की, दो लोग मेरे इंतजार में खड़े थे. उनमे से
एक ने अपना नाम बाबर बताया और दस ु रे का नाम मुझे अभी याद नहीं. हम श्चितनो मिमलकर
जिसयलदा से बोनगांव के व्हिलए रेल्वे पकडी. मैने पहले से ही रिरटन* मिटकट ले रखी थी. मिकसी
को र्शीक न हो इसव्हिलये सफर में हम अलग अलग बैठे. बोनगाव स्टेर्शीन पर उतरकर हमने
खाना खाया. कुछ समय बाद आजिसफ का मेरे मोबाईल पर फोन आया और उसने मुझे
बोनगाव स्टेर्शीन पर रूकने के व्हिलये कहा. मुझे और भी मिकसीका फोन आयेगा, ऐसा भी उसने
कहा. उसके कुछ ही देर के बाद मुझे एक आदमी का फोन आया, उसका नाम अभी मुझे याद
नही. उसने हमे बोनगांव चौक में बुलाया. हम बोनगाव चौक जाकर उसे मिमले. वहाँपर मैने
बाबर और उसके दोस्त को उस आदमी के हवाले कर मिदया. उस आदमी ने मुझे ५०००/-
रूपये मिदए. और मै कोलकता घर वापस आया.

उसके कुछ मिदन बाद मेरा सौतेला भाई आजिसफ कोलकत्ता आया और मुझे मिमला. उसवक्त
आसीफ ने मुझे बताया की हिंहदस्ु तान मुसलमानों के उपर जुल्म बेहद बढ़ गये है. बाबरी
मस्जीद के बारें में भी वहाँ की जिसयासत ने कुछ कारवाई नहीं की. गुजरात में फसादों के
दौरान मुस्लीम लोगों पर अत्याचार हुये. लेकीन हुकमत ने इस अत्याचार के जिजम्मेदार लोगों
पर कोई कारवाई नहीं की। इसव्हिलए मिहन्दस्ु तान में जिजहाद करना बहुत जरूरी है . आजिसफ की
यह बात मुझे जच गई, और मैं इस नेक काम के व्हिलए मदद करने के व्हिलए मैं तैयार हूँ ऐसा कहा.
इस बात पर आजिसफ ने कहा की यह लष्कर-ए-तोयबा के कमांडर आझम श्चिचमा और उसका
नुमाई ंदा अब्दल
ु रज्जाक के कॉन्टक्ट में है. आजिसफ ने आगे ये भी बताया की कुछ ही मिदनों बाद
आझम श्चिचमा बांगला देर्शी बॉड* र से हिंहदस्ु तान मे कोई बड़ी वारदात करने के व्हिलए कुछ
पाकीस्तानी बंदे भेजने वाला है. आजिसफ से मुझे ये भी पता चला की आझम श्चिचमा के इर्शीारो

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
472

पर बम्बई के कुछ लोग उसपर काम कर रहे हैं. उनमें से आजिसफ खान उफ* जुनेद और फैजल
र्शीेख ये दोनो मेन को ऑर्डिडनेटर है ऐसा मुझे पता चला। आझम श्चिचमा के कहने पर मै बम्बई में
फैजल र्शीेख और आजिसफ खान के कॉन्टक्ट में रहता था.

मई २००६ में मुझे वो दोनो से पता चला की बम्बई के लोकल ट्रेनों मे बम धमाके करने का
टारगेट तय हुआ है. मुझपर आझम श्चिचमा ने पाकीस्तान से भेजे हुए छ बंदो को बांगलादेर्शी
बॉड* र से हिंहदस्ु तान में लाकर बम्बई में आसीफ खान उफ* जुनेद और फैजल र्शीेख के हवाले
करने की जिजम्मेदारी सोपी गयी थी. मुझे उस वक्त मोबाईल फोन साथ में नहीं लाने की
मिहदायत दी गयी थी. इस काम के व्हिलए मुझे कल्लु की जरूरत पड़ेगी. इसव्हिलये मैंने उससे भी
कॉन्टक्ट करके रखा था. और मैंने मेरे च^मे के दक ु ान का पाट* नर महमद र्शीकील महमद
मेहबुब इसको ही जरूरत पडने पर मदद करने के व्हिलए कहा था. तय मिकये मुतामिबक मई
२००६ के दस ु रे या श्चितसरे हप्ते में कल्लु ने मुझे बताया की वह बोनगाव बॉड* र तक बांगलादेर्शी
बॉड* र क्रास करके छह पाकीस्तानी बंदो को बोनगाव माकFट में लानेवाला है. उसने मुझे
बताया की यह लोग आझम श्चिचमा के कहने पर भेजे जा रहे है . और उसको बम्बई ले जाकर
छोडना है. इस पाकीस्तानी बंदों को लाने के व्हिलए मुझे बोनगाव जाना था. इसव्हिलए मैंने महमद
र्शीकील को मेरे साथ आने को कहा और मेरे साथ आने के व्हिलए वह तैयार हुआ. दस ु रे मिदन मैं
और महमद र्शीकील रेल्वे से बोनगाव गये . वहाँ से टॅक्सी करके हम बोनगाव माकFट में गये . वहा
पर कुछ देर के बाद कल्लु छ पामिकस्तानी बंदे को लेकर आया। उसने नाम मुझे साबीर,
अबुबकर, कासम अली, अम्मुजान, अबु हसन और एहसान उल्ला ऐसे बताये गये. उन लोगों के
पास उनकी अपनी बॅग थी और एहसान उल्ला के पास अलग सी बड़ी सी सुटकेस नुमा बॅग
थी. एहसान उल्ला ने उस बडी बॅग से अंदर आरडीएक्स होने की बात कही और उसे
सावधानी से बम्बई ले जाना है ऐसे कहा. उसके बाद हम रेल्वे से कोलकत्ता पहुँचे. कोलकत्ता
पहुँचने के बाद महमद र्शीकील उसके घर चला गया. उस रात आये हुए पाकीस्तानी बंदे मेरे
घरपर रूके. दस ु रे मिदन मैं और छह पामिकस्तानी बंदे रेल्वे से बंम्बई पहुँचे. तय हुये मुतामिबक
आजिसफ खान उफ* जुनेद को मिमरा रोड जाकर मिमले. वहा पर उसने हमे एक जगह पे लेके गया.
पुछने पर पता चला की उस जगह पर पहले जिसमी का ऑमिफस था. मैं वहा एक रात रूका और
दस ु रे मिदन वापस कोलकत्ता चला गया। बम्बई से मिनकलते वक्त आजिसफ खान उफ* जुनेद ने
मुझे कोलकत्ता से संपक* मे रहने के व्हिलऐ कहा था.

जुलाई २००६ के पहले हप्ते बम्बई से मेसेज आया की १० जुलाई २००६ को मुझे मिकसी भी
हालत में बम्बई पहुँचना है. उस मुतामिबक मै १० जुलाई २००६ को बम्बई पहुँच गया. मुझे
आजिसफ खान उफ* जुनेद ने रिरजिस1ह मिकया और मुझे बम्बई के बाहर मुंब्रा एरिरया में वाहीद
अली नाम के दस ु रे एक जिसमी के बंदे के घर लेकर गया और मुझे वही रूके रहने की मिहदायत
दी और कहा कल बम धमाकों के बाद मैने जीन पामिकस्तानी बंदो को बांग्लादेर्शी बॉड* र क्रॉस
करके हिंहदस्ु तान में लाया था उन्ही बंदों को उसी रास्ते से वापस बांगलादेर्शी पहुँचाना है . कहे
मुतामिबक ११ जुलाई २००६ को देर रात के वक्त मुझे पाकीस्तानी बंदे मुंब्रा मे वाहीद अली के
घर आये. उन बंदो मे से एक पामिकस्तानी बंदो को एहते^याम नाम का जिसमी का नुमाई ंदा
लेकर आया उन पामिकस्तानी बंदो को मैने बस से पहले गुजरात लेकर गया और वहा से ट्रेन
से कोलकत्ता पहुँचा. पहुँचने के बाद कल्लु के जरिरये मैने उन छह पामिकस्तानी बंदो को इंडीया
की बॉड* र क्रॉस करके बांगला देर्शी पहुँचा मिदया.

२८ सप्टेंबर २००६ को बम्बई पुलीसने मुझे कोलकत्तासे मिहरासतमें ले व्हिलया और बम्बईमें
लाकर मुझे मिगरफ्तार मिकया.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
473

1090. First few paras are relating to his educational and family
background, and then how he came in contact with the people of SIMI.
In the middle portion of the statement, he speaks about his connection
with Asif and the help he extended to his friends to cross the
Bangladesh border with the help of one person named Kallu. Then he
narrates about the six Pakistani persons to whom he helped to cross the
Bangladesh border and bring them to India for execution of a plan
drawn by Azam Cheema relating to the bomb blasts in local trains.
Accordingly, he helped wanted accused Sabir, Abu Bakr, Kasam Ali,
Ammu Jaan, Abu Hasan & Ehsanullah to cross the Bangladesh border
and enter into India. And, in the last highlighted portion, he narrates
the story about how he helped those six persons to reach Mumbai to
carry out the plan of bomb blasts. The highlighted portion of the
statement is the portion which is relevant.

The True Translation of the Highlighted Portion
“A few days after that, my stepbrother Asif came to Kolkata and met me. At
that time, Asif told me that atrocities on Muslims in India have increased a
lot. The government there did not take any action regarding Babri Masjid.
During the riots in Gujarat, Muslims were tortured. But the government did
not take any action against the people responsible for this atrocity. Therefore,
it is very important to do Jihad in India. I liked Asif’s words and said that I
am ready to help in this noble cause. On this, Asif said that he is in contact
with Lashkar-e-Taiba’s commander Azam Cheema and his representative
Abdul Razzaq. Asif further told that after a few days, Azam Cheema is going
to send some Pakistani people from the Bangladesh border to commit a big
crime in India. I also came to know from Asif that some people from Bombay
are working on Azam Chima’s instructions. I came to know that Asif Khan
alias Junaid and Faizal Sheikh are his coordinator. On Azam Chima’s
instructions, I used to stay in contact with Faizal Sheikh and Asif Khan in
Bombay.

In May 2006, I came to know from both of them that a target had
been set to carry out bomb blasts in the local trains of Bombay. I was given
the responsibility of bringing the six men sent by Azam Cheema from
Pakistan from Bangladesh border to India and handing them over to Asif
Khan alias Junaid and Faizal Sheikh in Bombay. I was instructed not to bring

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
474

a mobile phone with me at that time. I would need Kallu for this work. That
is why I had kept him in touch as well. And I had asked my spectacles shop
partner Mohammad Shakeel Mohammad Mehboob to help me whenever
needed. As decided, in the second or third week of May 2006, Kallu told me
that he was going to cross the Bangladesh border till Bongaon border and
bring six Pakistani men to Bongaon market. He told me that these people
were being sent on the instructions of Azam Chima. And they have to be
taken to Bombay and dropped there. I had to go to Bongaon to bring these
Pakistani men. So I asked Mohammad Shakeel to come with me and he
agreed to come with me. The next day Mohammad Shakeel and I went to
Bongaon by train. From there we took a taxi and went to Bongaon market.
After some time Kallu brought six Pakistani men there. He told me their
names were Sabir, Abubakar, Kasam Ali, Ammujan, Abu Hasan and Ehsan
Ullah. Those people had their own bags and Ehsan Ullah had a separate big
suitcase like bag. Ehsanullah said that there was RDX inside that big bag and
said that it has to be taken to Bombay carefully. After that we reached Kolkata
by train. After reaching Kolkata Mohammad Shakeel went to his house. The
Pakistanis who came that night stayed at my house. The next day I and six
other Pakistanis reached Bombay by train. As decided, we met Asif Khan
alias Junaid at Mira Road. From there he took us to a place. On asking, we
came to know that SIMI had an office at that place earlier. I stayed there for a
night and went back to Kolkata the next day. While leaving Bombay, Asif
Khan alias Junaid had asked me to stay in touch with him from Kolkata.

In the first week of July 2006, I received a message from Bombay that
I had to reach Bombay at any cost on 10 July 2006. Accordingly, I reached
Bombay on 10 July 2006. Asif Khan alias Junaid received me and took me to
the house of another SIMI man named Waheed Ali in Mumbra area outside
Bombay and instructed me to stay there and said that the Pakistani persons
whom I had brought to India after, those same men have to be taken back to
Bangladesh by the same route after the bomb blasts by crossing the
Bangladesh border. As instructed, on 11 July 2006, late at night, Pakistani
men came to Waheed Ali’s house in Mumbra. One of those Pakistani men
was brought by a SIMI representative named Ehtesham. I took these
Pakistani men to Gujarat first by bus and from there reached Kolkata by
train. After reaching there, with the help of Kallu, I helped those six Pakistani
guys cross the Indian border and send them to Bangladesh.”

Conclusion
1091. The law says that if a full and detailed confession is made in
circumstances which make it unlikely that it was a result of coercion or
inducement, the fact that it is subsequently retracted may mean little or
nothing (Emperor vs. Krishna Bababji Chavan (supra)).

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
475

1092. In light of the above referred well settled law position, when we
considered the relevant portion of the confessional statement of A.5
relating to the bomb blasts, we found that this retracted confessional
statement does not fall in the category of a ‘full and detailed
confession’, for the reasons discussed hereunder.

1093. We find that many questions are not answered by A.5 to say that
the confessional statement of A.5 is complete and could be held
truthful.

1094. A.5 states that he helped six Pakistani persons to cross the
Bangladesh Border. He states the names of all the persons, however,
does not mention the date on which the Pakistanis arrived in India and
other details of their journey till Mira Road.

1095. He is silent about the description of all the six Pakistanis and
their information like from which they belong to in Pakistan, or other
information like whether they were trained in the terrorist camps, etc.

1096. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

A.6 Mohd. Ali

1097. A.6 – Mohd. Ali was arrested on 29/09/2006 in Cr. No.
156/2006 in Borivali Railway Police Station. He was in police custody
for 26 days before recording of his confessional statement. According to
him, his confessional statement is the outcome of and the result of
torture inflicted on him.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
476

1098. The record shows that the last application seeking remand of
A.6 was moved by the prosecution on 13/10/2006 in MCOC Cr. No.
05/2006. In this application, it was the case of the prosecution that “It
becomes incumbent for investigation agency to go to the root of the
matter and to nab all the persons responsible for this crime, including
persons from Pakistan as also the local associates, members and
abettors, who are involved in the commission of this organised crime
and the acts preparatory to the commission of this offence.
Investigation is in progress, still many other aspects are to be verified,
therefore, the custody of the accused persons is required.”

1099. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is
required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

1100. The confessional statement of A.6 was recorded on 24/10/2006
(Part-I) and 25/10/2006 (Part-II).

1101. The prosecution could not bring on record the reason for giving
confessional statement by A.6 after a prolonged custody of 26 days of
his police custody. And, particularly when, there was no sufficient
evidence available with the prosecution.

1102. According to A.6, it was because of torture. He immediately at
the earliest opportunity after he was referred to judicial custody
retracted the statement.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
477

Confessional Statement of A.6 – Shaikh Mohd. Ali Alam Shaikh
मेरा नाम र्शीेख महमंद अली आलम र्शीेख है. उम्र ३७ साल है. मुझे अजीज नाम से भी लोग
जानते है. मै युनानी दवा बेचता हूँ. मेरा पता ३३ टी-२, शिर्शीवाजी नगर, गोवंडी, मुंबई है. यहाँ मै
२५ सालसे मिबवी सैदमिु नसा और ४ बच्चोंके साथ रहता हूँ. मेरे २ भाई भी मेरे साथ रहते है.
मिपता र्शीेख आलम र्शीेख (७० साल) गांव सुलतानपूर (युपी) में रहते हैं.
हमारे परिरवार की हालत खराब होणे की वजह से मैंने पढाई छोड दी. १९८६ में मेरी र्शीादी
हुई. पहले मैं आबुदा अब* न क्रेडीट को. ऑप. सोसायटी में कलेक्र्शीन एजेंट का काम करता
था.

जिसतंबर १९९१ में श्चिचता कॅम्प, मानखुद*, के अब्दल ु काझी, जमीउल हसन नुरूल्लाह मुझे
जिसमी काय* क्रम के व्हिलए बांद्रा ले गए. बाद में मैं उनके साथ जिसमी के कुला* दफ्तर में जाता था.
१९९३ में मै जिसमी का मेंबर बना. तबसे मैं जिसमी के दफ्तर में बार-बार जाने लगा. वहाँ मैं
मश्किस्जदके बाहर जिसमीके बाकी मेंबस* के साथ कुराण और जिसमी के बारें में भाषण और तक़रारे
सुनता था.

१९९४ में मैं यवतमाल जिजले में जिसमी संघटन काय* क्रम के व्हिलए अब्दल
ु हमीद कोंकणी और
इसरत के साथ ३ मिदन के व्हिलए गया था। इस काय* क्रम को १०,००० से १२,००० काय* कता*
थे. उस वक्त जिसमी के ऑल इंडीया सेक्रेटरी अश्रफ जाफरी हाजीर थे .
नवंबर १९९९ मे औरंगाबाद में जिसमी के काय* क्रम के व्हिलए मैं, अब्दल
ु हमीद चौगुले, फारूख,
सईद और ५-६ लोग गये थे. यह भी ३ मिदन का था.

जुलै २००० में जलगाँव में भी जिसमी काय* क्रम था. वहाँ भी हम सब गए थे . वहाँ मेरी पहचान
जलगाँव के आजिसफ खान बर्शीीर खान से हुई. वहाँ ३ मिदन के काय* क्रम में जिजहाद के बारे में
बताया गया.

जिसमी में ३० साल उम्र के बाद मेंबर को रिरटायर मिकया जाता है . मैं श्चिडसेंबर २००० में जिसमी से
रिरटायर हुआ.

उसके ५/६ ममिहने बाद मैं जिसमी के अंजुमन इस्लाम हायस्कुल, मुंबई के काय* क्रम को गया था.
वहाँ प्रमुख अश्चितथी र्शीामिहद बदर फलाही हाजीर थे.
जिसतंबर २००१ में जिसमी पर बंदी के बाद बाकी जिसमी काय* कता*ओ ं को मिगरफ्तार मिकया. पर मैं
रिरयाटड* हुआ था. इसव्हिलए मैं बच गया.

जिसमी का एक नुमाई ंदा रिरयाज भटकल मुझे कुला* पाईप रोड वाली मशिर्शीद के पास हमेर्शीा
मिमलता था। २००१ साल में आबुदा अब* न क्रेडीट को-ऑप सोसायटी बंद हुई, और मैं बेकार
हो गया. उस वक्त मैं रिरयाज भटकल को “अगर कोई २५ से ३० लाख रूपये की मदद मुझे
करता है, तो मेरी बँक फीर र्शीुरू हो सकती है” बोला था. उसने मुझे अ‌ॅड. र्शीामिहद आझमी को
मिमलने को कहा. अ‌ॅड. र्शीामिहद आझमी को मिमलने के बाद उसने मेरी मुलाकात झहीर से
करवाई. झहीर का असली नाम आसीफ रझा था. जब मैंने बैंक र्शीुरू करने के व्हिलए फायनान्स
मांगा, तो उसने खारीज मिकया और बोला की, अगर मैं ईस्लाम के व्हिलए कुछ करूँगा तो वो मुझे
मदद करेगा. मैंने हाँ बोलने से उसने मुझे रिरयाज भटकल के संपक* में रहने को कहाँ . एक
ममिहना बाद रिरयाज और झहीर मुझे कुला* के कल्पना हॉटेलमें मिमले . उन्होंने मिफर पुछने के बाद
मैंने ईस्लाम के व्हिलए कुछ भी कर सकता हूँ . ऐसा मैंने बताया. उस दौरान मैने दध ु बेचनेका
काम र्शीुरू मिकया.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
478

माच* २००२ में रिरयाझ भटकल ने मुझे रू. ५०००/- मिदये और हर ममिहना रू. ५०००/- दगं ू ा,
ऐसा कहा. जुन-जुलाई २००२ में मैंने मिफर रिरयाझ को संपक* मिकया. उस दौरान मैंने
शिर्शीवाजीनगर, गोंवंडी में रहनेवाले मुर्शीीर उददीन जिसध्दीकी को जिजहाद के बारे में जिसखाकर
उसको तैयार मिकया. उस दौरान मेरी मालेगांव के मुनवर से पहचान हुई.
मैं ऑक्टोबर – २००२ में उसके साथ मालेगांव गया था। वहाँ मेरी र्शीब्बीर, जामिहर, राजू इनसे
पहचान हो गयी। मैंने उन्हे तेहरीक के बारे में बताकर, र्शीब्बीर को जिजहाद के व्हिलये मुंबई के
बाहर जाना पडेगा, ऐसा कहा. और उसका पासपोट* बनाने के व्हिलये बंबई आया. एक ममिहना
बाद मैंने मुर्शीीर को रू. १०,०००/- देकर मालेगाव भेजा. मुर्शीीर ने वहाँ से र्शीब्बीर की पहचान
से मूझे एक कट्टा लाकर मिदया. रिरयाझ भटकल को कट्टा मिदखाने के बाद उसने वो खराब है
बताया। उस दरम्यान मैंने जव्हिलल अन्सारी को जिजहाद के बारे में बताकर, उसको पामिकस्तान
को ट्रेहिंनग के व्हिलये तैयार मिकया. मुर्शीीर अहले हदीस और संगणक की अच्छी जानकारी रखता
है और ८-१० बार हिंहदस्ु तान के बाहर जाकर आया है, ऐसा बताया.
जानेवारी २००३ में रिरयाझ ने मुझे और मुर्शीीर को ट्रेहिंनग के व्हिलये जाना है ऐसा कहा. उस
मुतामिबक १.२.२००३ को मैं और मुर्शीीर बंबई से दबु ई गये। रिरयाझ ने हमको रू. १०,०००
मिदये थे. दबु ई में सुफी नाम के एक आदमी ने १६.०२.२००३ तक एक हॉटेल में रखा और
बाद में मिवमान से कराची, पाकीस्तान भेजा. कराची में हमे एक दाढीवाले आदमी ने रिरसी1ह
मिकया और हमारी पासपोट* कब्जे में ले व्हिलये. उसके बाद आँ खों पर पटटी बाँधकर एक गाडी
से अंजान जगह पर ले गये. वहाँ हम १७.०२.२००३ को पहुच ं े. गाड़ी से उतरकर देखा, तो
वह पहाडी इलाका था, और एक तरफ समुंदर भी था। वहाँ हमने फायर आम्स* , मिपस्तोल,
एके-४७, LMG आमिद की ट्रेहिंनग मिमला. उस दौरान, बाबा गजाली, इस्तीयाक और ट्रेहिंनग कैंप
का चीफ मर्शीर आरीफ हमें जिजहाद के बारे में पढ़ाते थे . उस दरम्यान ट्रेहिंनग में फौजी अफसर
जैसे कपडे वाले भी आते थे. उनकी चाल से वो फौजी अफसर लगते थे. कॅप के लोग उनकी
बहुत इज्जत करते थे और उनको ‘सर’ या ‘जनाब’ करके बोलते थे. वो अफसर हमें फायरींग
के मिटप्स भी देते थे. उनकी बातोंसे मुझे पता चला की वो पाकीस्तान की खुफीया एजन्सी
आयएसआय ISI (Inter Service Intelligence) के अफसर है. हमारी ट्रेहिंनग ११ मिदन
चली. कोस* मे हमने AK-47, मिपस्तोल, हॅड ग्रेनेड चलाना और बम बनाने की भी ट्रेहिंनग ली.
१२.०३.२००३ को हम कराची वापस आये . वहाँ से पासपोट* लेकर दबु ई और वहाँ से
काठमांडू आये. काठमांडू से नाजिसर नाम के आदमी की मदद से हम नेपाल बॉड* र क्रॉस करके
सुलतानपूर अमेठी आये. वहाँ से नाजिसर वापस नेपाल चला गया. और हम २१.०३.२००३
को बंबई आये। २ मिदन बाद मूर्शीीर भी बंबई आया.

जुलै २००३ में नफीज और र्शीब्बीर काठमांडू से हिंहदस्ु तान आते वक्त नेपाल बॉड* रपर
पुलीसने उन्हे पकडा और उनका पासपोट* और रू. ४०,०००/- का खरीदा हुआ सामान
मिनकालकर उन्हे हिंहदस्ु थान भेजा। १७.०७.२००३ को नफीज बम्बई आया और र्शीब्बीर
मालेगाव गया. मैने रिरयाज भटकल को फोन करके नफीज और र्शीब्बीर वापस आने की बात
बता दी. और नफीज को बैंगलोर भेजनेके व्हिलए जादा पैसे (रू.१,८५,०००/-) की मांग की.
उसके बाद मैंने प्राईम एजन्सी, पायधूनी से रू.१,८५,०००/- हवाला से हासील मिकया।
र्शीब्बीर को रू. ३०,००० मिदये और नफीज को रू. १,५०,०००/- मिदये। नफीज के साथ
सईद नाम का आदमी था. सईदने बैंगलोर में रू. १,२५,०००/- श्चिडपॉजीट भरकर नफीज के
व्हिलए एक कमरा मिकराए से व्हिलया.

उस दौरान मुर्शीीर चॅटींग के जरिरए दबु ई में सुफी से संपक* में था. उस मुताबीक जुलै में मुर्शीीर
बांग्लादेर्शी जाकर सुफी से मिमला। मैं रिरयाज भटकल से और मुर्शीीर सुफी के संपक* में था.
ऑगस्ट में मुर्शीीर बांग्लादेर्शी से वापस बम्बई आया। आने के बाद उसने बताया की बांग्लादेर्शी

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
479

में सुफीसे बात हुई है। और बाकी कुछ लड़कों को जिजहाद के ट्रेहिंनग के व्हिलए पाकीस्तान भेजना
है. उसके बाद नफ़ीŠ और सईद बैंग्लोर गये। सईद कुछ मिदनों के बाद बंबई वापस आया.
मैं पाकीस्तान से जिजहादी तरबीयत हासील करने के बाद माच* २००३ में बम्बई वापस आया।
आने के बाद मैने र्शीब्बीर और नफीज को पाकीस्तान में ट्रेहिंनग के व्हिलए भेजा था। ये दोनों भी
ट्रेहिंनग करके जुलै २००३ में वापस आये। उसके बाद मैं और कुछ लोगों की खोज में था,
जिजनको ट्रेहिंनग के व्हिलए भेजा जा सकता है। इसव्हिलए मैं पैसे के व्हिलए रिरयाज भटकल के संपक*
में रहता था। लेकीन उस दरम्यान मेरी उसके साथ बातचीत / मुलाकात नहीं हो सकी। मैंने
की हुई ट्रेहिंनग का तेहरीक के व्हिलए कुछ फायदा नहीं हो पा रहा था. और पैसों का भी इंतजाम
नही हो पा रहा था। इस वजह से मैं परेर्शीान था।

जनवरी २००४ में मैंने गोवंडी के घरसे दध ू बेचने का धंदा र्शीुरू मिकया। लेकीन ५-६ ममिहने के
बाद भी कमाई नहीं हो रही थी। इसव्हिलए मैंने दध ु का धंदा बंद मिकया और युनानी दवा बेचने
का काम र्शीुरू मिकया। इसमें भी कुछ जादा कमाई नहीं हुई। उसी दौरान मैने जिजहाद के आगे के
रास्ते ढू ंढने के व्हिलए रिरयाज भटकल का दोस्त आसीफ रŠा को कॉन्टक्ट करने की कोशिर्शीर्शी
की। लेकीन वो पोलीस की मुठभेड़ में मारा गया ऐसा पता चला। उसी दरम्यान मेरी तबीयत
खराब हो गई और मेरा ध्यान धंदे से हट गया।

जुलै २००६ में मैं साबु जिसध्दीकी हॉस्पीटल, डोंगरी में श्चितलीस्मी मोती बेचने का धंदा र्शीुरू
मिकया। यह मोती छोटे बच्चे के हाथ पर बाँधा जाता है , जिजससे बच्चोंके दात मिनकलते समय
तकलीफ नहीं होती। इस धंधेसे मेरा घर चलता था।

जनवरी २००६ में मैं साबु जिसध्दीकी हॉस्पीटल, डोंगरी में मोती बेचने के व्हिलये गया था। वहाँ
मेरी मुलाकात डॉ. तन्वीर से हुई। वैसे मैं पहले से उनको जिसमी काय* कता* के रूपमें जानता
था। उस वक्त डॉ. तन्वीर ने मेरी मुलाकात फैजल र्शीेख से करवाई थी।
उसके १५-२० मिदन बाद में मिफर डॉ. तन्वीर के हॉस्पीटल में गया, तो वहाँ मुझे फैजल मिमला।
हम दोनो ने वहाँ खाना खाया। बातश्चिचत से मुझे पता चला की, फैजल भी जिसमी का काय* कता*
है। हम दोनों की सोच एक जैसी थी। हमने जिजहाद, इस्लाम के बारें में बाते की। उसके बाद हम
नजदीक आ गए। फैजल जिजहादी मिफल्ड का आदमी था और मेरे अंदर भी जिजहाद के व्हिलए
कुछ करने का जज्बा था। फैजल के जरिरए तहरीक और जिजहाद के व्हिलए कुछ करने का मोका
मिमलेगा, ऐसा मुझे मिवश्वास हुआ। फैजलने मुझे उसने पाकीस्तान में २ बार I.S.I. के जरीए
लष्कर-ए-तोयबा से जिजहादी तरबीयत हासील करने के बारे में भी बताया।
मैंने भी फैजल को जिसमी के व्हिलए मैंने अबतक जो भी काम मिकया, उसके बारेमें बताया। फैजल
को मैंने रिरयाज भटकल के बारेंमे पुछा। पर रिरयाज के बारेंमे उसको कुछ पता नही, ऐसा कहा।
फैजल ने मुझे बादमें उसको फुरसत से आकर मिमरा-रोड मिमलने को कहाँ। उसने मुझे मिमरा
रोड में एहतेर्शीाम के दक
ु ान पर आने को कहां था। एहतेर्शीाम को मैं जिसमी काय* कता* होने के
बारेमें जानता था। फैजल ने एहतेर्शीाम के जरिरए उससे कॉन्टॅक्ट करने को कहाँ , लेकीन
उसका खुद का मोबाईल नंबर नहीं मिदया।

उसके बाद माच* २००६ के दस ु रे/श्चितसरे हफ्ते में मिमरा रोड गया। र्शीाम को मै एहतेर्शीाम के
र्शीहादा पब्लीर्शीींग हाऊस, र्शीम्स मश्किस्जदके बाजू में गया। वहाँ पर एहतेर्शीाम, जलगाँव का
आसीफ खान उफ* जुनद ै , डॉ. तन्वीर, फैजल र्शीेख, और नावीद नाम का लडका मिमले। नावीद
को मै वहा पहली बार मिमला। फैजल ने मेरी उससे पहचान करवा दी। वह फैजल का दोस्त था
और जिसमी काय* कता* भी था। वह हैद्राबाद में नौकरी करता था। हम लोग र्शीम्स मश्किस्जद के
कट्टे पे बैठकर बातचीत मिकया। बातचीत में मुझे पता चला की, फैजल का लष्कर-ए-तोयबा के
कमांडर आझम श्चिचमा से संपक* है और फैजल र्शीेख वेस्टन* इंश्चिडया का लष्कर-ए-तोयबा का

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
480

प्रमुख है। मैं भी तहरीकी और जिजहादी सोच का होने की वजह से उन लोगों के साथ जल्दी ही
घूलमील हो गया। मैंने भी उनको पाकीस्तान से रिरयाज भटकल के जरीए तरबीयत हासील
की है ऐसा उनको बताया।

माच* २००३ में मै पाकीस्तान से वापस आया, लेकीन रिरयाज भटकल से मुलाकात ना होने
की वजह से जिजहाद के व्हिलए कुछ नही कर सका ऐसा उनको बताया। तब फैजलने बताया, की
मिफकर करने की कोई बात नही, जिसफ* हमारे कांटेक्ट में रहो, तुम्हारी जरूरत पडेगी, ऐसा
बताया। फैजल ने तब ये भी बताया, की हिंहदस्ू तान में, खास करके बंम्बई मे बम धमाके की
प्लॅहिंनग चल रही है। उसने मुझे ऐतेर्शीाम के संपक* में रहने को बताया।
एमिप्रल २००६ के पहले हप्ते में एक मिदन ऐहतेर्शीाम ने मुझे र्शीाम के सात बजे बांद्रा वेस्ट के
होटल लकी के पास बुलाया और वंहाँ फैजल मिमलेगा, और काम के बारे मे बोलेगा, ऐसा
बत्ताया। जब मैं लकी होटल के पास गया, तब थोड़ी देर में वहा फैजल, नावीद के साथ आया।
हमने बाजू के होटल में चाय पी, और बांद्रा के तालाब के पास बातचीत करते बैठे। वहाँ से हम
फैजल के बांद्रावाले घर पे गये। वहाँ पर Šमीर, और पुना का सोहेल महमूद र्शीेख ये लोग
पहलेसे वहाँ थे। तब फैजलने हमे बताया की, गुजरात के दंगा फसाद में मुसलमानोंका भारी
नुकसान हुआ है। इसीव्हिलए बंबई के गुजराती लोगों को टारगेट करना है। काफी चचा* के बाद
मुझे फैजल ने जो लोकल ट्रेन का टागFट बताया, वह सही लगा। वेस्टन* लोकल के फस्ट* क्लास
श्चिडब्बों में जादातर गुजराती लोग सफर करते है। र्शीाम के वक्त बम धमाका करना मिठक होगा,
क्योंकी उस वक्त लोकल ट्रेन खचाखच भरी होती है। ये सारी बाते फैजल ने पामिकस्तान के
आझम चीमा को बता कर फायनल कर ली थी।

फैजल ने मुझे बताया की, आजम चीमा बम धमाको की, वारदात को फायनल अंजाम देने के
व्हिलए कुछ एक्सपट* पामिकस्तानी बंदो को इंडीया भेजने वाला है। उन पाकीस्तानी बन्दों के
रहने का बंदोबस्त करने को कहा। मेरा घर छोटा होने की बजहसे मैने इस काम के व्हिलए ना
कहा। मिफर फैजलने मेरे घर में बम बनाने का काम करने को कहा और इसके व्हिलये मै तयार हो
गया।

एमिप्रल २००६ के आखरी हप्ते में र्शीमिनवार के मिदन इर्शीा नमाज के बाद रात के साडे आठ बजे ,
ऐहतेर्शीाम, डॉ. तन्वीर, फैजल और नावीद मेरे घर आये। हम सबने मिमल कर मेरे घर के चारों
ओर घुम के मेरे घर का जायजा व्हिलया।

मई २००६ के श्चितसरे हप्ते में मैं जोगेश्वरी वेस्ट रेल्वे स्टे र्शीन के पास एक काम के व्हिलए गया था।
वहा मुझे साजीद अन्सारी मिदखा। हमारी सलाम दआ ु हुई। साजीद भी जिसमी का मेंबर है ,
इसव्हिलए मैं उसे जानता था। हम मिफर बाजू के मस्जीद में नमाज पढने गये। वहा मुझे फैजल
र्शीेख मिमला। उसने बताया की, धमाके की पुरी तयारी हुई है। मेरे अलावा इस काम को अंजाम
देने के व्हिलए साथ में फैजल, जलगाव का आजिसफ खान उफ* जुनेद (जो पहले महाराष्ट्र जिसमी
का अध्यक्ष भी था), हैद्राबाद का नामिवद, मिमरा रोड का साजीद अन्सारी, ऐतेर्शीाम जिसध्दीकी,
जमिमर महम्मद, डॉ. तन्वीर, और पुना का सोहेल मेहमूद र्शीेख और फैŠल का भाई मुझम्मील
र्शीेख भी मदद कर रहे थे।

मुझे फैजल से पता चला की, आझम चीमा ने उसको जिजहाद के व्हिलए स्टॉक एक्सचेंज
मिबल्डींग, वल्ड* टेड् सेंटर, बड़े र्शीॉपींग मॉल्स, गुजरात दंगो के जिजम्मेदार जिसयासती लोग और
पुलीस अफसरो को और लोकल ट्रेनो को टारगेट मिकया जाए। ऐसा बताया था। फैजलने आगे
कहा, की जब उसने कुछ साथीयो के साथ सब जागहों का स1हF मिकया और इन सबमें भीड से
भरी लोकल ट्रेन ही सबसे सही टारगेट है ऐसा बताया। फैजल ने ये भी बताया की ११ जुलै
२००६ तारीख के र्शीाम को बम धमाका करने का मिफक्स हुआ है। उसी मुताबीक पुरा प्लॅन

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
481

तयार मिकया जा रहा है। बम धमाके की पुरी प्लॅहिंनग आजिसफ खान उफ* जुनेद और फैजलने
पामिकस्तान के लष्कर-ए-तोयबा के कंमांडर आझम श्चिचमा के इर्शीारों पर की है।
जुन २००६ मे एक मिदन मैं मिमरा-रोड गया था, तब मेरी मुलाकात फैजल से हुई। उसने मुझे
बांद्रा वेस्ट के लकी हॉटेल के यहाँ आने के व्हिलए बताया। उसके मुताबीक मैं वहाँ पहुँचा, तो
फैजलने मुझे बताया की, जैसे तय हुआ था, वैसे पाकीस्तानी बंदे इंश्चिडया में आए है, और जुलै
के ८, ९, और १० तारीख को मेरे घर में बम बनाने का काम चलेगा। उस वक्त मेरा घर पुरी
तरह खाली रखने के व्हिलए कहा। इस व्हिलए मैने ७ जुलै को कुछ बहाना बनाकर मेरी और मेरी
भाई की फॅमिमली को मेरे रमिफक नगर के रिर^तेदार के घर ५-६ मिदन के व्हिलये भेज मिदया।
प्लॅन के मुताबीक ८ जुलै को र्शीाम में फैजल, नावीद, साजीद अन्सारी और दो पामिकस्तानी
बंदे मेरे घर में आये। उन पामिकस्तानी बंदो मे से एक का नाम सोहेल र्शीेख था। यह साहेल र्शीेख
असल में पुना का रहने वाला हैं, और २ साल पामिकस्तान में लष्कर-ए-तोयबा के ट्रेहिंनग कॅम्प
मे रह चुका है। अब वह पामिकस्तान में ही रहता है, और बम बनाने में एक्सपट* है। उस मिदन
रात देर तक, वो लोग मेरे घर में बम बनाने का काम करते रहे। ऐहते र्शीाम भी उस वक्त हाजीर
था, और सबके खाने मिपने का इंतजाम कर रहा था। तन्वीर भी मेरे घर के बाहर वाँच के व्हिलए
खडा था।

बम बनानेके व्हिलए पाकीस्तानी दस
ु रा बंदा एहसान उल्ला ने उसके साथ १५ मिकलो RDX
लाया था। वही RDX फैजल मेरे घर लेके आया था। बाकी का सामान जिजसमें काले रंग के ८
रेक्झीन बॅग, अमोमिनयम नाइट्रेटस्, श्चिडटोनेटस* , क्वाट* झ घडीयाँ आदी श्चिचजे पहले से ही
आसीफ खान उफ* जुनेद ने लाकर मेरे घरमें रखी थी। साजीद अन्सारी को इलेक्ट्रीक
सक‹टका काम करना था। इसव्हिलए उसने उसके साथ बॅटरी, वायर, सोल्डरींग गन, सोल्डींग
वायर, सक‹ट बोड* आदी चीजे को लेके आया था।

बम बनाने का काम ३ मिदन तक चला। बम बनाने के व्हिलए कुछ घरेलु बत* न इस्तेमाल मिकये
गये। पाकीस्तान में बसा सोहेल र्शीेख और दस ु रा पाकीस्तानी बंदा इन दोनों ने असले कों
मिमक्स करके मसाला मिकया, और उसके बीच श्चिडटोनेटस* मिफक्स कर मिदया। उसके बाद
साजीद ने सक‹ट और वायर जोडने का काम मिकया, जिजसका उपयोग बम फटने के व्हिलए होता
है। इस तरह से १० जुलै के र्शीाम तक मेरे घर में बम बनाने का काम पुरा हुआ। उसके बाद ७
बम अलग अलग काले रंग के बंग में पॅक मिकए गये। बम बनाने के व्हिलये आसीफ उफ* जुनेद ने
जो सामान लाया था, उसमेंसे बचा हुआ सामान एक बॅग में भरकर वह अपने साथ ले गया।
उसके थोडी देर बाद नावीद और फैजल मारूती कार से मेरे घर आये। फैजल को मैने ७ बॅग
मे बम पॅक करके तैयार है ऐसा बताया। उन ७ बॅगोमें से ३ बॅग मैंने एक टॅक्सी करके उसमे
रखवायी, और बाकी ४ बॅगोंको नावीद और फैजलने मारूती कार में रख दी। उस वक्त फैजल
ने मुझे पाकीस्तानी बंदा सोहेल र्शीेख और दस ु रा एक ये दोनो को टॅक्सी से बांद्रा जाने को
कहा। उस मुताबीक मै दोनो पाकीस्तानी बंदो को टॅक्सी में मिबठाया और हम बमवाली बॅगों के
साथ टॅक्सी से बांद्रा गये। नावीद और फैजल भी मारूती कार से बांद्रा गये। बांद्रा पहुँचने के
बाद फैजल के मिबल्डींग के मिनचे हमने टॅक्सी रूकाई और बमवाली तीनो बैग मिनकाली। हमने
मिकराया देकर टॅक्सी छोड दी। फैजल के कारसे भी बमवाली ४ बैग मिनकाली गई। तब तक
और पाकीस्तानी बंदे फैजल के घरसे मिनचे उत्तरे, और हम सबने मिमलकर वो ७ बमवाली बैंग
फैजल के घरमें रखवा दी। उसके बाद मे गोवंडी के अपने घर चला आया।
११.०७.२००६ को र्शीाम को मुझे पता चला की, हम अपने मक्सद में कामयाब हो गये और
अलग अलग ७ लोकल ट्रेनोंमें अलग अलग रेल्वे स्टेर्शीनपर बम फटने की खबर भी मैंने देर
रात TV पर देखी। उसके बाद मैं जादातर वक्त अपने घर से दरू रहता था, और पुलीस की

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
482

नजरोंसे छुपने की कोशिर्शीर्शी करता था, लेकीन पुलीसने मुझे ३०.०९.२००६ को मिगरफ्तार
कर व्हिलया।

1103. First few paras are relating to his educational qualification and
family background, and then how he came in contact with the people
of SIMI. In the further portion, he states how he came in contact with
Riyaz Bhatkal, and then about his training in Pakistan. He further
states that he sent Shabbir and Nafeez to Pakistan for training in the
year 2003. Then he narrates how he came in contact with A.2 – Dr.
Tanveer Ansari and A.3 – Faisal. The highlighted portion of the
statement is the portion which is relevant as it relates to the bomb
blasts.

The True Translation Of The Highlighted Portion
“One day in the first week of April 2006, Ehtesham called me to Hotel
Lucky in Bandra West at 7 pm and told me that Faisal would meet me there
and talk about some work. When I went to Lucky Hotel, Faisal arrived there
after a while with Naveed. We had tea in the hotel nearby and sat talking
near the Bandra pond. From there we went to Faisal’s house in Bandra.
Zameer and Suhail Mehmood Sheikh from Pune were already there. Then
Faisal told us that Muslims have suffered a lot in the Gujarat riots. That is
why Gujarati people of Bombay have to be targeted. After a lot of discussion,
the local train suggested by Faisal seemed right to me as a target. Most
Gujarati people travel in the first class compartments of Western Local. It
would be better to explode the bomb in the evening because the local train is
jam packed at that time. Faizal had finalized all these things by informing
them to Azam Cheema of Pakistan.

Faizal told me that Azam Cheema is going to send some expert
Pakistani men to India to carry out the final execution of the bomb blasts. He
asked me to arrange for the stay of those Pakistani men. I said no to this work
because my house was small. Then Faizal asked me to do the bomb-making
work in my house and I agreed to do it.

On a Saturday in the last week of April 2006, after Isha Namaz, at
8:30 pm, Ehtesham, Dr. Tanveer, Faizal and Naveed came to my house. All
of us walked around my house and surveyed it.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
483

In the third week of May 2006, I went to Jogeshwari West Railway
Station for some work. I met Sajeed Ansari there. We exchanged greetings.
Sajeed is also a member of SIMI, so I knew him. We then went to the nearby
mosque to offer namaz. There I met Faisal Sheikh. He told me that all
preparations for the blast have been made. Apart from me, Faisal, Asif Khan
@ Junaid of Jalgaon (who was also the president of Maharashtra SIMI
earlier), Naveed of Hyderabad, Sajid Ansari of Mira Road, Ehtesham
Siddique, Zameer Mohammad, Dr. Tanveer, and Suhail Mehmood Sheikh of
Pune and Faisal’s brother Muzzammil Sheikh were also helping in carrying
out this work.

I came to know from Faizal that Azam Cheema had told him to target
Stock Exchange Building, World Trade Center, big shopping malls,
politicians responsible for Gujarat riots and police officers and local trains for
Jihad. Faizal further said that when he along with some friends surveyed all
the places, he found that the crowded local train was the best target. Faizal
also told that it has been decided to carry out a bomb blast on the evening of
11th July 2006. The entire plan is being prepared accordingly. The entire
planning of the bomb blast was done by Asif Khan @ Junaid and Faizal on
the instructions of Azam Cheema, Commander of Pakistan’s Lashkar-e-
Taiba.

One day in June 2006, I went to Mira Road and met Faisal. He told
me to come to Lucky Hotel in Bandra West. Accordingly, when I reached
there, Faisal told me that as decided, Pakistani people have come to India and
bomb making work will be carried out in my house on 8th, 9th and 10th of
July. He asked me to keep my house completely empty at that time. So on
7th July, I made some excuse and sent my family and my brother’s family to
my relative’s house in Rafiq Nagar for 5-6 days.

As per the plan, Faisal, Naveed, Sajid Ansari and two Pakistani men
came to my house on the evening of 8th July. One of those Pakistani men
was named Suhail Sheikh. This Suhail Sheikh is actually a resident of Pune
and has stayed in the training camp of Lashkar-e-Taiba in Pakistan for 2
years. Now he lives in Pakistan and is an expert in making bombs. That day
till late at night, they kept making bombs in my house. Ehtesham was also
present at that time and was making arrangements for everyone’s food and
drinks. Tanveer was also standing outside my house to watch.

To make the bombs, another Pakistani man Ehsan Ullah had brought
15 kg of RDX with him. Faisal had brought the same RDX to my house. The
rest of the material which included 8 black coloured rexine bags, ammonium
nitrates, detonators, quartz watches etc. had already been brought by Asif
Khan @ Junaid and kept in my house. Sajid Ansari had to do the electric
circuit work. So he had brought batteries, wires, a soldering gun, soldering
wire, circuit board etc. with him.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
484

The work of making bombs went on for 3 days. Some household
utensils were used to make bombs. Sohail Sheikh, who lives in Pakistan, and
another Pakistani man, both of them mixed the materials and made masala
and fixed the detonators between them. After that Sajid did the work of
connecting the circuit and wire, which is used to explode the bomb. In this
way, the work of making bombs in my house was completed by the evening
of 10th July. After that, 7 bombs were packed in separate black coloured bags.
Asif @ Junaid filled the remaining material from the material he had brought
for making bombs in a bag and took it with him. After some time Naveed
and Faizal came to my house in a Maruti car. I told Faizal that the bombs are
ready after being packed in 7 bags. I hired a taxi and put 3 of those 7 bags in
it, and the remaining 4 bags were put in a Maruti car by Naveed and Faizal.
At that time, Faizal asked me to take a Pakistani guy Sohail Sheikh and
another guy to Bandra by taxi. Accordingly, I made both the Pakistani guys
sit in the taxi and we went to Bandra by taxi with the bags containing the
bombs. Naveed and Faizal also went to Bandra by Maruti car. After reaching
Bandra, we stopped the taxi under Faizal’s building and took out the three
bags containing the bombs. We paid the fare and left the taxi. 4 bags
containing the bombs were also taken out from Faizal’s car. By then more
Pakistani men came down from Faisal’s house, and together we placed the 7
bags containing bombs in Faisal’s house. After that I came back to my house
in Govandi.

On 11.07.2006 in the evening I came to know that we had succeeded
in our aim and I also saw the news of bomb blasts in 7 different local trains at
different railway stations on TV late at night. After that I stayed away from
home most of the time and tried to hide from the police, but the police
arrested me on 30.09.2006.”

Conclusion

1104. When we considered the relevant portion of the confessional
statement of A.6 relating to the bomb blasts, we found that this
retracted confessional statement does not fall in the category of a full
and detailed confession, for the reasons discussed hereunder.

1105. A.6 states that A.3 – Faisal told him that the bomb making work
will be carried out at his place. A.6, like A.3 and A.4, also did not
disclose the reason for choosing his house for bomb making particularly

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
485

in view of the fact that some Pakistanis were staying in the house of
A.3, bombs were to be stored and distributed from the house of A.3.

1106. According to A.6, for three days i.e. 8th, 9th, and 10th July, the
work of making bombs was carried out in his house. Despite the same,
he did not disclose the type of bomb, or the material used for preparing
such bomb.

1107. According to A.6, household utensils were used for making
bombs. Whereas, it is the case of prosecution that cookers were used for
packing the bombs. A.6 nowhere states about use of cookers in the
bombs. The expression ‘household utensils’ is a vague expression.

1108. According to A.6, 15kgs RDX was brought by Ehsanullah
(Pakistani Wanted Accused). It was brought to A.6’s home by A.3 –
Faisal. However, he did not give any details when the RDX was
brought by A.3 – Faisal and how it was brought.

1109. Further, considering the fact that he mentions about disposing
of other left over material used for making bomb, he did not mention
whether the container, in which the RDX was brought, was disposed of
or not. There is no recovery of any such container which was used by
Ehsanullah to bring 15kgs RDX from Pakistan to India and then by
A.3 – Faisal to the house of A.6 – Mohd. Ali.

1110. There is even no mention whether the full quantity of 15kgs
RDX was used in making the bombs or some quantity was left over. If
some quantity was left over, what was done with the same.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
486

1111. On these crucial aspects, A.6 is silent and even there is no
investigation regarding these aspects.

1112. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

A.7 -Mohd. Sajid

1113. A.7 – Mohd. Sajid was arrested on 29/09/2006 in Cr. No.
156/2006 in Borivali Railway Police Station. He was in police custody
for 26 days before recording of his confessional statement. According to
him, his confessional statement is the outcome of and the result of
torture inflicted on him.

1114. The record shows that the last application seeking custody of
A.7 was moved by the prosecution on 13/10/2006 in MCOC Cr. No.
05/2006. In this application, it was the case of the prosecution that “It
becomes incumbent for investigation agency to go to the root of the
matter and to nab all the persons responsible for this crime, including
persons from Pakistan as also the local associates, members and
abettors, who are involved in the commission of this organised crime
and the acts preparatory to the commission of this offence.
Investigation is in progress, still many other aspects are to be verified,
therefore, the custody of the accused persons is required.”

1115. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is
required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
487

1116. The confessional statement of A.7 was recorded on 24/10/2006
(Part-I) and 25/10/2006 (Part-II).

1117. The prosecution could not bring on record the reason for giving
confessional statement by A.7 after a prolonged police custody of 26
days. And, particularly when, there was no sufficient evidence available
with the prosecution.

1118. According to A.7, he immediately at the earliest opportunity
after he was referred to judicial custody retracted the statement.

Confessional Statement of A.7 – Mohd. Sajid Margub Ansari
मेरा नाम मोहम्मद साजीद मदगहूब अन्सारी है. मेरी उम्र २९ साल है. मै जोगेश्वरी स्टेर्शीन के
पास मोबाईल रिरपेरिंरग की दक ु ान चलाता हूँ , मै १०१, सबा परवीन अपाट* मेंट, नया नगर, मीरा
रोड (पुव*) जिजला थाने यहाँ पर माँ हजिसना खातून और दो भाईयों के साथ रहता हूँ. मेरी मिबवी
का नाम खुदजिसया साजीद अन्सारी है. मेरा बडा भाई हॉक्टर है. वह शिर्शीफा मिक्लनीक नाम से
हरी नगर, जोगेश्वरी (पुव*) मे मिकराये से दवाखाना चहाता है. दस ु रा भाई मेकॅमिनक इंजिजमिनयर है
आरै वह यर्शी इंजिजनीअरींग, कांमिदवली (पू.) मे काम करता है. मुझे पाँच बहने है और उन
सबकी र्शीादी हुई है. मेरे मिपताजी मरगहूब अहमद अन्सारी १९९० मे गुजर गये.
मैने दसवी क्लास तक फारूख हायस्कूल में पढाई की, बाद मे साबू जिसद्दीक पॉलीटेक्नीक से
मैने तीन साल का इंडस्ट्रीअल इलेक्ट्रॉनीक्स का श्चिडल्पोमा मिकया है. मैने सी-टेक, महाकाली
के1हज् रोड, अंधेरी (पू) यहाँ कॉईन बॉक्स फोन रिरपेयरींग का काम मिकया है. कॅलीबर
कॉम्पुट्रॉमिनक्स अंधेरी (पू.) मे रोलेक्स मर्शीीन और एस.टी.डी. मशिर्शीन दरू
ु स्त करने का भी मैं
करता था. १९९९ तक मैने अलग अलग जगह पे नौकरी की.

सन २००० मे बंबई के हज हाऊस मे मुस्लीम आवास को होनेवाली तकव्हिलफे और उनसे
कैसे मिनयाज पायी जाए इस बारे मे प्रोग्रॅम रखा गया था. इस प्रोग्रॅम मे मै र्शीरीक हुआ था. इसी
प्रोग्रॅम मे सीमी के ऑल इंश्चिडया सदर र्शीाहीद बदर फलाही ने और बाकी सीमी के
काय* कता*ओन ं े तकरीर की थी. मुस्लीम आवाम के व्हिलए जिजहाद करना जरूरी है ऐसा बताया
गया. मुस्लीम युवकोने जेल जाने का डर मिदलसे मिनकालना चामिहए ऐसा भी बताया गया. इन
बातोंसे मै प्रभावीत हुआ. कुछ मिदनो बाद मै सीमी के कुला* (पश्चि6म) दफ्तर मे गया. सीमी के
महाराष्ट्र के सदर इर्शीा*द खान से मेरी पहचान हो गयी. सीमी संघटन के व्हिलए काम करने का
प्रस्ताव इर्शीा*द खान ने मुझे मिदया और यह प्रस्ताव मैने कबुल मिकया.
दो चार ममिहने बाद उद* ू टाईम्स अखबार मे मिदल्ली मे कुरान जलाने की खबर मैने पढी. मै सीमी
के कुला* ऑमिफस मे गया. मैने इर्शीा*द खान से इस घटना के बारे मे मिनकाली गयी पर्डिचया ली
और मोगरा पाडा, मसजीद के सामने खडे होकर लोगो मे बाटी. पुलीस मुझे पूछताछ के व्हिलए
अंधेरी ले गयी. दस
ू रे मिदन मुझे और मेरा भाई खालीद को पुलीस ने मिगरफ्तार मिकया. दसू रे मिदन
हम लोग जमानत पर छूटे.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
488

सप्टेंबर २००१ मे भारत सरकार ने सीमी संघटन पर पाबंदी लगायी. इसके बावजूद
मुसलमान लोगोपर हो रहे अत्याचार के व्हिखलाफ मै सीमी संघटन की ओर से काम करता
रहा. मुझे सीमी का अन्सार बनाया गया. सीमी पर पाबंदी लगने के करीब आठ ममिहने बाद
अंधेरी पुलीस ने मुझे और मेरे भाई खालीद और मेरे मामूका लडका सलीम अन्सारी और
इर्शीा*द खान को मिगरफ्तार मिकया. दस मिदन बाद मेरी जमानत हुयी.
सन २००२ मे मीरा रोड, नया नगर के ट्रान्स इन्स्टीट्यूट मे मै नौकरी करने लगा. मैने अपना
अंधेरी का मकान बेचने मिदया और मीरा रोड मे मकान व्हिलया और वहीपर रहने लगा. उस
दौरान मेरी पहचान आजिसफ खान उफ* जुनेद, एहते^याम जिसद्दीकी, डॉ. तन्वीर अन्सारी,
फैजल र्शीेख उसका भाई मुझम्मील, गोवंडी का महम्मद अली, जमीर अहमद और पूना का
सोहेब महमूद र्शीेख इन लोगोंसे हुआ. यह सभी लोग सीमी के काय* कता* थे और जिजहाद की
जहमिनयत रखते थे. उनसे मुलाकत के दौरान अक्सर हमारे बीच गुजरात के कौमी दंगे, बाबरी
मस्जीद, काश्कि^मर आदी मसलोंपर चचा* होती थी और दमिु नया भर के मुसलमानोंपर हो रहे
जुल्मोंका कैसे बदला व्हिलया जाए इस पर सोच मिवचार होता था. मुस्लीम युवांको पामिकस्तान मे
भेजकर वहाँ आतंकवादी कारवाई को अंजाम देने के व्हिलए हथीयार चलाना और गोला बारूद
के बारेमें ट्रेहिंनग के व्हिलए भेजने के बारे मे भी चचा* होती थी. फैझल ने उसके लष्कर-ए-तोएबा
इस आतंकवादी संघटन से कॉन्टॅक्ट होने की बात कही थी. पामिकस्तान जाकर आझम चीमा
के ट्रेहिंनग कैंप मे हथीयारोंकी तरबीयत हासील करके आने की बात भी फैझल ने की थी.
कुछ ममिहनो बाद हमारी एक मिमटींग मीरा रोड मे हुई. उस मिमटींग मे फैजल ने बताया की वह
लगातार आझम चीमा के संपक* मे है. आझम चीमा ने बताया है की, जिजहाद के व्हिलए और
ट्रेहिंनग के व्हिलए मुस्लीम बंदो को तैयार करो और पामिकस्तान भेजो. इस पर होनेवाले खचF का
पूरा इंतजाम वह खुद आय.एस.आय. की तरफ से करेगा. फैझल जिजहादी ट्रेहिंनग के व्हिलए
लडके ढू ँढ रहा था. कुछ ममिहनो बाद फैझल ने यह भी बताया की, आझम चीमा ने उसे
पामिकस्तान बुलाया है और वह जल्द पामिकस्तान जाने वाला है.
ऐसी ही एक मिमटींग मे मेरी फैझल र्शीेख, आजिसफ खान, एहेतेर्शीाम, डॉ. तन्वीर और बाकी लोगों
से मुलाकात हुआ. फैझल ने बताया की वह दबु ारा पामिकस्तान जा के ट्रेहिंनग करके आया है.
वह पामिकस्तान मे तकरीबन छह से सात ममिहना रूका था. वहाँ की पूरी बातें बताते हुए उसने
कहाँ की, लष्कर-ए-तोएबा संघटन आय.एस.आय. के इर्शीारे पर ट्रेहिंनग कँप चलाती है और
इसके व्हिलए सारा पैसा भी आय.एस.आय. की तरफसे ही आता है. इस दम पर फैझल ने
उसका भाई मुझम्मील, डॉ. तन्वीर अन्सारी, जमीर र्शीेख, पूना का सोहेल महमूद र्शीेख और भी
कुछ लोगों को ट्रेहिंनग के व्हिलए पामिकस्तान भेजा था.
मै लगातार आजिसफ खान उफ* जुनेद और फैझल के कॉन्टॅक्ट मे रहता था. मुझे कहे मुताबीक
मैने जनवरी / फरवरी २००५ मे जिसमी संगठन के दफ्तर के व्हिलए मकान मिकराये पर देखना
र्शीुरू मिकया. तब ए टू झेड प्रॉपट ज के माव्हिलक आरीफ खान के जरीए केअर टेकर झरीर के
पास से ३०४, आम्रवाली मिबल्डींग, सेक्टर ११, र्शीांतीनगर, मीरा रोड (पूव*) यह रूम
२५००० रू. श्चिडपॉझीट और २९०० रू. ममिहने के मिकराये पर व्हिलया. मिकराये का पैसा हर
ममिहने एहतेर्शीाम ही देता था.

उस कमरे मे सीमी संघटन की मिमटींग्स होती रहती थी. माच* २००६ मे महाराष्ट्र के सीमी
संघटन के चुनाव हुए. महाराष्ट्र सीमी के जनरल सेक्रेटरी का चुनाव करने की हैसीयत से यह
चुनाव एहतेर्शीाम जिसद्दीकी ने व्हिलए. इसी चुनावों मे मै सीमी के मीरा रोड युमिनट का प्रेजिसडेंट
चुना गया. सीमी के ऑमिफस की चाबीया मेरे अलावा अजिसफ खान उफ* जुनेद और एहतेर्शीाम
के पास रहती थी. जुनद ै सीमी के इस कमरे मे तीन से चार ममिहने तक रहा.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
489

मैने फरवरी २००६ मे फैझल से कॉन्टॅक्ट मिकया तो उसने बताया की आझम चीमा से बात
हुई है और आझम चीमा ने बम्बई की लोकल ट्रेनोंको बम धमाकों के व्हिलए टारगेट चुना है .
उससे मुझे यह भी पता चला की, आझम चीमा पामिकस्तान से कुछ आतंकवादी बंदे
भेजनेवाला है. फैझल के कहनेपर मै उसके और आसीफ खान उफ* जुनेद से कॉन्टॅक्ट
बकररार रखा था. आझम चीमा के कहने पर मिबहार का कमाल और कलकत्ता का माजीद भी
हमारे कॉन्टॅक्ट मे था. फैझलने मुझे बताया था की, उसने एहतेर्शीाम और कुछ साथीयों को
बंबई की लोकल ट्रेनों में सफर करके बम धमाके मिकस तरह से मिकये जा सकते है इसपर
स्टडी मिकया है. इस बारे मे मेरे मीरा रोड के घरपे भी कुछ मिमटींग्स हुई थी और कुछ मिमटींग्स
फैझल के बांद्रा वाले घर पर हुई थी. इन मिमटींग्स के दौरान अजिसफ और फैझल ने बम
धमाकोंकी कारवाई को अंजाम देने के व्हिलए हर एक को जिजम्मेदारी सौंपी थी.
प्लान के मुताबीत बम मे टाईमर श्चिडवाईस लगाने की जिजम्मेदारी मुझे सौंपी गयी थी. इसके
व्हिलए लगने वाली बैटरी, वायर, हिंप्रटेड सक‹ट बोड* स,् सोल्डरींग गन, मल्टीमिमटर, सोल्डरींग
वायर, रेजीस्टस* , कपॅजिसटस* , इन्सुलेर्शीन टेप, टू ल मिकट आदी चीजे मैने जमा की, महम्मद
अली के गोवंडी के घर पे बम बनाना तय मिकया गया. आसीफ खान उफ* जुनेद को बम बनाने
मे लगनेवाला सामान इकठ्ठा करके महम्मद अली के घर रखवाने का जिजम्मा सौंपा गया. मई
२००६ मे आझम चीमा ने अलग अलग जगहोंसे पामिकस्तानी आतंकवादी बंबई शिभजवाये थे.
कुछ पामिकस्तानी बंदे फैझल के घर मे ठहरे हुए थे. आजिसफ खान उफ* जुनेद ने कुछ
पामिकस्तानी बंदोंको ठहरने का इंतजाम मीरा रोड के सीमी के ऑमिफस मे मिकया था. मुझे
बताया गया की, पामिकस्तानी बंदोने अपने साथ पंद्रह मिकलो आर.डी.एक्स. लाया है. हमने
११ जुलाई को र्शीाम के वक्त वेस्टन* लाईन की चच* गेट से मिवरार की ओर जानेवाली ट्रेनों मे बम
धमाके करने का तय मिकया.

८ जुलाई २००६ को फैझल के कहने के मुताबीक मै टाईमर श्चिड1हाईस बनाने का सारा
सामान साथ लेकर फैझल के घर दोपहर एक बजे के करीब पहुँचा. वहाँ पर पहले से ही चार
पामिकस्तानी बंदे फैझल के घर पर मैने देखे . कुछ देर बाद नावीद भी वहाँ पहुँचा. फैझल के
कहने पर मै, फैझल, दो पामिकस्तानी बंदे और नावीद, फैझल की कार से महम्मद अली के
गोवंडीवाले घर पर जाने के व्हिलए मिनकले. नावीद कार चला रहा था. बातों मे मुझे पता चला
की, पामिकस्तानी बंदा सोहेल र्शीेख असल में पूना का रहनेवाला है और वह मिपछले दो सालों से
पामिकस्तान में ही रहा है और उसने वहाँ पर जिजहादी तरमिबयत, हत्यार और बम बनाने की
एक्सपटा*इज हासील की है.

प्लान के मुताबीक ८, ९ और १० जुलाई २००६ को महम्मद अली गोवंडी वाले घर मे बम
बनाये गये. बम बनाने के व्हिलए घरेलू बरतोनोंका इस्तेमाल मिकया गया. सोहेल र्शीेख और एक
पामिकस्तानी बंदे ने मिमलकर आर.डी.एक्स., अमोमिनयम नायट्रेट और श्चिडझेल की सहायता से
सात बॉमोका मसाला तयार मिकया और उसके बीचोबीच श्चिडटोनेटर मिफट मिकये . मैने टाईमर
श्चिडवाइस बनाये. टाइमर श्चिडवाइस बनाने के व्हिलये मैने सोल्डरिंरग गन से सर्मिकट बोड* पर वायर
के टु कडोंसे कनेक्र्शीन मिकय और ऐसे बनाये हुए सात टायमर श्चिड1हाईस सात अलग अलग
बमो मे मिफट मिकये. उस वक्त एहते^याम वहाँ मौजुद था. डॉक्टर तन्वीर, महम्मद अली के घर
के बाहर मिनगराणी करता था. उसी दौरान शिभवंडीमे हुये हादसे के बारे मे अखबार में छपी
खबर के बारे मे मेरी और एहते^याम की बात हुयी. उस खबर मे महाराष्ट्र के होम मिममिनस्टर ने
ईट का जबाब गोली से देंगे ऐसी बात कही थी. इस खबर से हम लोगो में गुस्सा और जोष पैदा
हुआ. एहते^याम ने इसका मजाक उडाते हुये कहा की, हम भी तो दो मिदनों मे गोलीका जबाब
बम से देने वाले है.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
490

१० जुलाई २००६ की देर ^याम की वक्त बम बनाकर सात अलग अलग बॅग में पॅक मिकय
गये. उसके बाद बनाये हुये बम वाली सात बॅग महम्मद अली, नावीद और फैझल मिमलकर
फैझल के बांद्रावाले घर पर लेकर गये . आजिसफ खान उफ* जुनेद ने बम बनाने के व्हिलये जो
सामान लाया था उससे बचा हुआ बाकी सामान वह अपने साथ लेकर चला गया. मैं भी
अपना बचा हुआ सब सामान अपने साथ ले गया. प्लान के मुताबीक मुझे बताया गया की जो
बंदे लोकल ट्रेनोंमे बम रखने के व्हिलए जा रहे है, उन्होने अपने मोबाईल फोन साथ रखना
रिरस्की होगा. इजिसव्हिलए कोई भी बंदा अपने साथ मोबाईल नही रखेगा ऐसा तय हुआ है. उसी
वजह से फैझल ने मुझे ११ जुलाई को दोपहर साडे तीन बजे बांद्रा के लक्की हॉटल के जिसग्नल
के पास पहुच ं ने के व्हिलये और वहाँपर नावीद उसका मोबाईल फोन मुझे देगा. वह मोबाईल
फोन मेरे पास लेकर रखने के व्हिलये कहा.

११ जुलाई २००६ को मैने दोपहर ढाई बजे बांद्रा जाने के व्हिलए मीरा रोड से लोकन ट्रेन
पकडी और मै बांद्रा आया और लकी हॉटेल के जिसग्नल पर रूका. स1वाचार बजे के करीब
नावीद रिरक्र्शीासे वहाँ पहुँचा और मुझे उसका मोबाईल फोन देकर वह फैजल के घर जाने के
व्हिलये मिनकल गया. उसके बाद मै भी वापस ट्रेनसे मीरा रोड चला गया. मीरा रोड पहुच ं ने के
बाद मुझे देर र्शीाम के वक्त लोकल ट्रेनोमें बम धमाके होने की बात पता चली. तय हुये मुताबीक
नावीद मीरा रोड आकर मुझसे उसका मोबाईल फोन लेकर चला गया.
२९ सप्टेंबर २००६ को पुव्हिलस ने मुझे बम ब्लास्ट केस मे मिगरफ्तार मिकया. २३ अक्तूबर
२००६ को मैने खुद अपनी मज से पुलीस को बताया की बम बनाने के व्हिलए लगनेवाले
इलेश्किक्ट्रक सक‹ट्री बनाने के औजार और बचा हुआ सामान महम्मद अली के घर से ले
जाकर, बाद मे जहाँ पर रखा है वह जगह मिदखाने की इच्छा पंचोंके सामने जताई. बाद मे मै
पुलीस और पंचोंको तनजीम ए वाल्दाएन हायटेक इन्स्टीट्यूट ऑफ कॉम्प्युटर एज्युकेर्शीन,
मदर तेरस े ा स्कूल के सामने गेट नं . ६ मालवणी मालाड (पश्चि6म) यहा पर ले कर गया और
वहाँ पर रखे हुये बैटरी, वायर के टू कडे, हिंप्रटेड सक‹ट बोड* स, एक सोल्डरींग गन, एक
मल्टीमिमटर, सोल्डरींग वायर, रेझीस्टस* और कैपेजिसटस* , इन्सूलेर्शीन टेप, टू ल कीट ऐसा
सामान मिनकालकर मिदया, इस सामान के अलावा मै जो एअरटेल मोबाईल कंपनीका
जिसमकाड* इस्तेमाल करता था, उसका एन्1हलप भी मैने पुलीस को बताया. यह सब सामान
और सीम काड* का एन्1हलप पुलीस ने बरामद मिकया.

1119. First few paras are relating to his educational and family
background, and then how he came in contact with the people of SIMI.
He then states about how he came in contact with A.13 – Asif Khan @
Junaid, A.4 – Ehtesham Siddique, A.2 – Dr. Tanveer Ansari, A.3 – Faisal
Shaikh, A.9 – Muzzammil Shaikh, A.6 – Mohd. Ali, A.11 – Zameer
Ahmed and A.10 – Suhail Mehmood Shaikh. The highlighted portion is
the only portion which is relevant as it relates to the bomb blasts.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
491

The True Translation Of The Highlighted Portion
“When I contacted Faizal in February 2006, he told me that he had spoken
to Azam Cheema and that Azam Cheema had targeted Mumbai local trains
for bomb blasts. I also came to know from him that Azam Cheema was going
to send some terrorists from Pakistan. On Faizal’s advice, I maintained
contact with him and Asif Khan alias Junaid. On Azam Cheema’s advice,
Kamal from Bihar and Majeed from Calcutta were also in contact with us.
Faizal told me that he and Ehtesham had studied how bomb blasts could be
carried out by sending some of his associates to Mumbai local trains. Some
meetings were held in this regard at my house in Mira Road and some at
Faizal’s house in Bandra. During these meetings, Asif and Faizal had assigned
responsibilities to each one of them to carry out the bomb blasts.

According to the plan, I was given the responsibility of installing a
timer device in the bomb. I collected the necessary things like battery, wires,
printed circuit boards, soldering gun, multimeter, soldering wire, resistors,
capacitors, insulation tape, tool kit etc. It was decided to make the bomb at
Mohammad Ali’s house in Govandi. Asif Khan alias Junaid was given the
responsibility of collecting the material required to make the bomb and
keeping it at Mohammad Ali’s house. In May 2006, Azam Cheema had sent
Pakistani terrorists from different places to Bombay. Some Pakistani men
were staying at Faizal’s house. Asif Khan alias Junaid had arranged for the
stay of some Pakistani men at SIMI’s office in Mira Road. I was told that the
Pakistani men had brought fifteen kilograms of RDX with them. We decided
to bomb trains travelling from Churchgate to Virar on the Western Line on
the evening of 11 July.

On 8th July 2006, as per Faizal’s instructions, I reached Faizal’s house
at around 1 pm with all the material required to make a timer device. I saw
four Pakistani men already present at Faizal’s house. After some time,
Naveed also reached there. As per Faizal’s instructions, I, Faizal, two
Pakistani men and Naveed left in Faizal’s car to go to Mohammad Ali’s house
in Govandi. Naveed was driving the car. During the conversation, I came to
know that the Pakistani man Sohail Sheikh is actually a resident of Pune and
he has gone to Pakistan and living there for past two years and has acquired
expertise in Jihadi training, weapons and bomb making there.
According to the plan, bombs were made in Mohammad Ali’s Govandi
house on 8th, 9th and 10th July 2006. Domestic utensils were used to make
the bombs. Sohail Sheikh and a Pakistani man together prepared the material
for seven bombs with the help of RDX, ammonium nitrate and diesel and
fitted detonators in the middle of them. I made the timer devices. To make
the timer devices, I connected the pieces of wire on the circuit board with a
soldering gun and fitted the seven timer devices I had made in seven
different bombs. Ehtesham was present there at that time. Doctor Tanveer
used to keep watch outside Mohammad Ali’s house. During that time,
Ehtesham and I talked about the news printed in the newspaper about the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
492

incident in Bhiwandi. In that news, the Home Minister of Maharashtra had
said that we will answer bricks with bullets. This news created anger and
enthusiasm in us. Ehtesham made fun of it and said, we too are going to
reply to the bullets with bombs in two days.

In the late evening of 10th July 2006, bombs were made and packed
in seven different bags. After that, Mohammad Ali, Naveed and Faizal
together took the seven bags containing the bombs to Faizal’s house in
Bandra. Asif Khan alias Junaid took the rest of the material he had brought to
make the bomb with him. I also took all my remaining material with me.
According to the plan, I was told that it would be risky for the people who
are going to plant bombs in local trains to keep their mobile phones with
them. That is why it was decided that no one will keep a mobile with them.
That is why Faizal asked me to reach near the signal of Lucky Hotel in
Bandra at 3:30 pm on 11th July and there Naveed will give me his mobile
phone. He asked me to keep that mobile phone with me.

On 11th July 2006 I took a local train from Mira Road to go to
Bandra at 2:30 PM. I reached Bandra and stopped at the signal of the Lucky
Hotel. Around 4:15 PM Naveed reached there by rickshaw and after giving
me his mobile phone he left to go to Faizal’s house. After that I also went
back to Mira Road by train. After reaching Mira Road I came to know about
the bomb blasts in local trains in the late evening. As per the arrangement
Naveed came to Mira Road and took his mobile phone from me and went
away.

On 29th September 2006, the police arrested me in a bomb blast
case. On 23rd October 2006, I willingly told the police that I had taken the
tools and other material required for making bombs from Mohammad Ali’s
house and expressed my wish to show the place where they were kept later in
front of the Panchas. Later, I took the police and Panchas to Tanzeem-e-
Valdain Hi-Tech Institute of Computer Education, opposite Mother Teresa
School, Gate No. 6, Malad (West), Malad and took out batteries, pieces of
wire, printed circuit boards, a soldering gun, a multi-meter, soldering wires,
resistors and capacitors, insulation tape, tool kits and other such material kept
there. Apart from these things, I also showed the police the envelope of the
SIM card of the Airtel mobile company that I used. All this stuff and the SIM
card envelope were recovered by the police.”

Conclusion

1120. When we considered the relevant portion of the confessional
statement of A.7 relating to the bomb blasts, we noted that this

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
493

retracted confessional statement does not fall in the category of a ‘full
and detailed confession’, for the reasons discussed hereunder.

1121. According to A.7, A.3 – Faisal and A.13 – Asif assigned
responsibility to each one of the accused to carry out bomb blasts. The
responsibility of installing a timer device in the bomb was given to A.7

– Sajid. According to him, he collected the necessary material like
battery, wires, printed circuit boards, soldering gun, multi-meter,
soldering wire, resisters, capacitors, insulation tape, tool kit, etc. It is to
be noted that, except printed circuit board of bomb, other material is
available in the open market. There are various type of circuit boards
and it depends on the type of bomb and triggering device. A.7 nowhere
states that he had knowledge about making of timer device of a bomb
or how many types of circuit boards are there which can be used for
making triggering device and out of the same which one was used and
from where he procured it. The circuit boards of timer devices of
bombs are not available in the open market, and therefore, if such
circuit boards were procured, A.7 is silent about the source.

1122. A.7, further, did not disclose the details how he fixed such timer
and what was the time set for the explosions.

1123. He did not mention that the bombs were packed in the cookers.
According to him, for the bombs, household utensils were used, which
does not match with the prosecution story that the bombs were packed
in cookers.

1124. He is silent, like A.6, in not disclosing as to whether the whole
15 kgs RDX substance was used, or some quantity was left over. And if
it was left over, who had taken the remaining RDX and where was it
kept.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
494

1125. The above referred aspects are crucial aspects about which
nothing has been brought on record even by the prosecution.

1126. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

A.9 – Muzzammil Shaikh

1127. A.9 – Muzzamil was arrested on 27/07/2006 in Cr. No.
77/2006 in Mumbai Central Railway Police Station. He was in
prolonged police custody for 70 days before recording of his
confessional statement. According to him, his confessional statement is
the outcome of torture inflicted on him.

1128. The record shows that the last application moved by the
prosecution was on 30/09/2006 in Cr. No. 156/2006, i.e. after six days
of invocation of provisions of MCOCA and before 4 days of
confessional statament. In the last application, it was the case of the
prosecution that “considering the widespread tentacles of the organized
crime syndicate and the way in which the entire continuing unlawful
activities are being carried out with immaculate precision without
leaving behind any trail, a thorough investigation is required to be done
for which custodial interrogation of the accused persons is absolutely
essential.”

1129. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is
required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
495

1130. The confessional statement of A.9 was recorded on 04/10/2006
(Part-I) and 05/10/2006 (Part-II). This shows that, just within few days
from the last application for remand, A.9 allegedly gave the said
confessional statement.

1131. The prosecution could not bring on record the reason for giving
that statement by A.9 after spending 70 days in the police custody.
And, particularly when, there was no sufficient evidence available with
the prosecution.

1132. According to A.9, it was because of the torture. After he was
referred to judicial custody, at the earliest opportunity, he retracted the
statement.

Confessional Statement of A.9 – Muzzammil Ataur Rehman Sheikh

५) मेरा नाम मुझम्मील अताउर रेहमान र्शीेख उफ* अबू र्शीामिहद है। मेरा उम्र २२ साल
है। मै २०३ ऐ हिंवग, श्चितरूपती मिबल्डींग, नया नगर, मिमरा रोड पुव*, जिज. ठाणे इस पतेपर
मेरे वाव्हिलप के साथ सल २००३ से रहाता हूँ। मेरा भाई फैजल यह लकी व्हि1हला, २४
पेरी क्रॉस रोड, बांद्रा (प), बंम्बई यहा पे रहता है। मेरा छोटा भाई राहील सॉफ्टवेअर
इंजिजमिनअर है। पहले वह बंगलोर के ओरॉकल कंपनी में काम करता था। गये तीन
ममिहने से वह यु.के. में मिबर्किंमगहॅम में काम करता है। राहील की मिबवी मिदया और उनके
दो बच्चे हमारे साथ नया नगर में रहते है। मैं खुद भी साफ्टवेअर इंजिजमिनअर हूँ और
बंगलोर के ओरॉकल कंपनी में काम करता था। मेरे पकडे जाने से पहले मै मोबाईल
फोंन ९९८०४७२४०० इस्तेमाल करता था। मेरा भाई फैजल पामिकस्तान की
लष्कर-ए-तोयबा का काम करता था। फैजल के मोबाईल नं ९८९२०३६६९४ और
९८९२३१२२४४ है। फैजल भी मिफलहाल एटीएस की पुलीस के मिहरासत में है।

६) मेरा जनम नागपाडा म्युश्किन्सपल हॉस्पीटल, कामाटीपुरा, बम्बई यहाँपर तारीख
२२/०५/१९८४ को हुआ था। मेरी पढाई १० वी तक बम्बई और पुना यहाँ हुई है।
१२ वी सायन्स पुना कॉलेज से मिकया है। उसके बाद रेड हॅट सर्मिटफाईड इंजिजमिनअर
का कोस* वार्शीी, नवी मुम्बई से मिकया है और ओरॅकल सॉफ्टवेअर स्पायडर जिसस्टम
का कोस* पुना से मिकया है। मेरी पढ़ाई हिंहदी और अंग्रेजी, उद* ू भाषा में हुई है और मैं
हिंहदी और अंग्रेजी भाषा में अच्छी तरह से बोलना, पढना और व्हिलखना जानता हूँ।

७) मुझे जुन २००६ में डेटाकोर टे क्नॉलॉजी बंगलोर इनके तरफ से ओरॅकल
कापžरेर्शीन, ओटीपी टॉवर, बनरगट्टा रोड, बंगलोर इस कंपनी से नौकरी का कॉल

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
496

आया था। लेकीन उस कंपनी मे नौकरी के व्हिलए कॉम्प्युटर के अलावा श्चिडग्री
कॉलीमिफकेर्शीन की जरूरत थी। उसके व्हिलए मैने मेरे पुना के सगेवाले सईद सलाउद्दीन
र्शीेख की मददसे हैद्राबाद रहने वाले खुईन इस आदमी से बोगस श्चिडग्री सर्मिटमिफकेट
हासील करके ओरॅकल कापžरेर्शीन, बंगलोर इस कंपनी देने के बाद मुझे सॉफ्टवेअर
इंजिजमिनअर की नौकरी मिमली. तारीख २८/०६/२००६ से मैने कंपनी जॉईन की। मुझे
उस कंपनी में रू.२५०००/- तनख्वा हर ममिहने मिमलती थी।

८) मेरे मिपताजी सौदी में नौकरी करते थे। तभी १९९० साल मे बी २४, कुबेरा गाड* न,
एन.आय.बी.एम.रोड कोंडवा, पुना-४८ यहाँ रूम बुक मिकया। लेमिकन मैं तथा मेरी माँ
परवीन बानू, भाई राहील ऐसे ६३, टेमकर श्किस्ट्रट यहाँ रहते थे। उस वक्त मेरा भाई
फैजल यह मालेगाव में मदरसा जानेतूल हुदा याहा पढाई करता था। १९९५ साल में
फैजल इंटेरिरअर डेकोरेटर की पढ़ाई करके पुना में रहने गया और हमारे कोंडवा के
फ्लॅट में रहता था। मेरे मिपताजी १९९६ सालमे सौदी अरेमिबया से नौकरी छोडकर आने
के बाद हम पुना मे रहने गये। साल २००१ में रामिहल की र्शीादी के बाद हमारे परिरवार
को जगह कम पडने लगी इसव्हिलये हम मोमिमनपुरा, र्शीमिकल मुजामिहद मिबल्डींग, २ रा
माळा, रूम नं. २०१, घोरपडी रोड पुना यहाँ भाडे का घर लेकर रहने लगे।

९) उस वक्त मेरा भाई फैजल और रामिहल सब मक्का मश्किस्जद, मोमिमनपुरा, पुना र्शीहर
यहा नमाŠ पड़ने को जाते थे। इस जगह हम श्चितनो भाई जिसमी के उपर बतायें
काय* कता* के साथ दरसे कुरान और जिजहाद के बारे में जानकारी लेते थे। हमें मक्का
मश्किस्जद मिगराने की जानकारी देकर मुसलमानों पर हो रहे अत्याचार के बारे में
जानकारी देते थे। इसी तरह बाबरी मश्किस्जद मिगराकर वहा पर बंधे हुए मंमिदर के
व्हिखलाफ आवाज उठाने के बारे में कहा जाता था। गुजरात में हुए कोमी फसाद मे
मुसलमानों को जानसे मारे थे। उसके बारे में भी कहा जाता था। उसी तरह जिजहाद
करने के बारे में जिसखाया जाता था। तभी से फैजल के साथ मै और राहील भी जिसमी
का काम करने लगे।

१०) जिसमी संघटना का साल में एक बार बडा काय* क्रम होता था। २००१ सालके
आखीरमे झोनल तबीयती स्कुल यह काय* क्रम आझम कॅम्पस कॅम्प, पुणे यहा युनानी
मेडीकल कॉलेज के हॉलमे पाच मिदन हुआ। करीब १०० लोग हाजीर थे। उस
काय* क्रम में पुरा कुराण पठण, प्रवचन, हामिदस पठण, इस्लाम धम* का इश्चितहास और
जिजहाद के बारे में लेक्चर हुआ। उस काय* क्रम में मैं तथा फैजल राहील और रिरजवान
डावरे और अन्य लोग हाजीर थे। उसी काय* क्रम में मिमरा रोड, बम्बई आये हुये
काय* कता* एहतेर्शीाम जिसध्दीकी से फैजलने मेरी पहचान करवा दी। इस काय* क्रम में
मेरी पहचान जलगावसे आये हुये जिसमी के काय* कता* आजिसफ खान से हुई। आजिसफ
खान को जुनेद नाम से भी सब पहचानते है।

११) मेरा भाई फैजल २००२ में रमजान के ममिहने में पामिकस्तान गया था। हमारे
पहचान का कोबेरा गाड* न, पुना में रहनेवाला आजिसफ अब्दल ू र्शीेख इसने पामिकस्तान
लाहोर के अबू हरारा नाम के आदमी का फोन नंबर मिदया था। पामिकस्तान में अबू
हरारा की मदद से अब्दल ू रजाक अबू झुबेर, आरिरफ कासमानी, आझम चीमा, अबू
मुज़्Šश्किम्मल में लष्कर ए तोयबा के व्हिलडर को मिमलकर मुझफराबाद की ट्रेनींग सेंटर में

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
497

अलग अलग वेपन चलाने का और बम बनाने का, जिजहाद करने का, ट्रेहिंनग करके
करीब दो ममिहने के बाद फैजल वापीस आया और मुझे ट्रेहिंनग के बारे में बताया.

१२) एमिप्रल २००२ मे हमारी फैमिमली वापस बब्मई में रहने आयी। जिसमी संघटन पर
लगाई गयी पाबंदी की वजह से हमे मिगरप्तार होने का डर था। उसव्हिलए हम बब्मई रहने
आये और हायलेंड मिबल्डींग, ७ वा माळा, नरेंद्र पाक*, मिमरा रोड, जिज-ठाणा यहाँ मेरे
मामा र्शीमीम सय्यद इनके रूम मे भाडे से रहने लगे। उसके बाद मेरा भाई फैजल भी
बम्बई में रहने के व्हिलए आया। लेमिकन फैजल अकेला ५२, टेमकर श्किस्ट्रट, नागपाडा,
बम्बई यहा रहता था। वहा पर रहकर वो जिसमी के दरसे कुरान काय* क्रमों से मुश्किस्लम
युवकों को आतंकवादी कारवाई करने की ट्रेहिंनग लेने के व्हिलए पामिकस्तान में भेजने के
व्हिलए तैयार करता था.

१३) नो1हेंबर २००२, मेरा भाई फैलज ने पुना का रहने वाला सोहेल मेहमुद र्शीेख को
पामिकस्तान में आतंकावादी प्रशिर्शीक्षण को भेजा था। फैजल और उसका दोस्त अजिसफ
खान इन दोनो की मदद से लष्कर ए तोयबा के प्रशिर्शीक्षण के व्हिलए अब्दल
ू रौफ, समीर
हुतूळे, रिरझवान डावरे ये लोग भी गये थे ऐसा मुझे लगता है।

१४) मेरी चचेरी बहन खलीदा इकबाल अहमद खान, ५५ टेमकर श्किस्ट्रट, नागपाडा,
बम्बई यहाँ रहती है। इसको हम खलीदा आया कहते है। २००३ साल के एमिप्रल/ मई
के दरम्यान फैजल ने मुझे बताया की खालीदा आया के पास हवाला के पैसे आये है
और उस पैसे से उसे गल्फ जाना है। सन २००३ में रिरझवान डावरे दबु ई से पूना
आया था। इसके बारे मे मुझे जानकारी हुई थी।

१५) सन २००३ की न1हेंबर ममिहने में फैजल उसका 1हीसा लेकर सौदी अरेबीया
गया। उस वक्त मेरे पास ९८६९१९०३०२ यह नंबर का मोबाईल फोन था। फैजल
ने गल्फसे मुझे फोन करके रिरझवान उसके साथ है ऐसा बताया। उसके कई मिदन बाद
रिरज्ञावान डावरेने मुझे फोन करके बताया की, मेरा भाई फैजल पामिकस्तान गया है।
और उसने मुझे फैजल का [email protected] यह ईमेल आयडी मिदया। इस
ईमेल आयडी पर फैजल और रिरझवान डावरे के साथ मै चॅटींग करता था।

१६) इसके एक हप्ते के बाद रिरझवान डावरेने मुझे वापस फोन करके एक नई ईमेल
आयडी मिदया था वो मुझे आज याद नही और मुझे उसपर चॅटींग करने को कहा। मैने
उसे चॅटींग मिकया तो रिरझवान डावरे और फैजल ने खलीदा आया के पास हवाला के
जरीए भेजे हुए ५०,०००/- लेकर बॉम्बे सेंट्रल के लॉज में मिहन्द ु के सिंसग नामसे ठहरे
हुए एक आदमी को देने के व्हिलए कहा। रिरझवान ने मुझे लॉज का फोन नंबर देकर उस
आदमीसे संपक* करने को कहा। उस वक्त फैक्जलने मुझे एक १०/- रू. नोट का नंबर
मिदया और वह नंबर देकर उस आदमी को रु.५००००/- देने को कहा। उसके
मुताबीक मैंने दसु रे मिदन खलीदा आया के पाससे रू. ५००००/- लेकर बॉम्बे सेंट्रल
के होटले में जाकर सिंसग नाम के आदमी को मिमलकर उसे पास का नोट का नंबर चेक
करके उसे मैंने रु.५००००/- मिदये। उसकी बातोसे वह मुझे पामिकस्तानी लगा।

१७) २००४ फेब्रुवारी मे रिरझवान डावरे ने चॅटींग पर आने को कहा और फैजल का
संदर्शी
े देना है ऐसा कहा। उस वक़्त चैहिंटग पर फैजल ने उसे बताया की दस
ु रे मिदन एक
आदमी बॉम्बे सेंट्रल मिटकट काउं टर के पास आनेवाला है उसे खलीदा आया के

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
498

पाससे हवाला के जरीए भेजे हुए रु.१०००००/- लेकर देना। उसका मोबाईल नंबर
रिरŠवान ने मुझे मिदया था। दस ु रे मिदने मैं खलीदा आया से एक लाख रूपये लेकर
दोपहर के समय बॉम्बे सेंट्रल रेल्वे मिटकट काउं टर के पास जाकर उस आदमी को मिदए
थे। उस आदमी के बातो से वह पामिकस्तानी लगता था।

१८) उसके बाद २००४ के एमिप्रल/मई में रिरझवान डावरे ने मुझे फोन करके चॅटींग पे
आने को कहा। मैं चॅटींग पर गया तभी ऐहेते^याम पामिकस्तान में ट्रेहिंनग के व्हिलए कभी
आएगा इसके बारे मे मुझको पुछने को कहा। ऐहेतेर्शीाम को मैं पहचानता हूँ क्यों की वह
जिसमी का काय* कता* है और फैजल का दोस्त है। ऐहतेर्शीाम मिमरा रोड मे मशिर्शीद गल्ली में
रहता है।

१९) मैने ऐहेतेर्शीाम के घर जाकर पुछा तो उसने बताया की उसे ट्रेहिंनग के व्हिलए नहीं
जाना है। पर उसके दोस्त डॉ. तन्वीर अन्सारी इसे पामिकस्तान में ट्रेहिंनग के व्हिलए जाना
है। इस बारे में पुछने को कहा। उसके बाद मैने रिरझवान डावरे की ऐहेतेर्शीाम का संदेर्शी
बताया तो उसने मुझे तन्वीर का पासपोट* लेकर ६३ टेमकर श्किस्ट्रट, नागपाडा, मुंबई
यहा पे मुस्ताक भाई के पास इरान का व्हि1हसा लगाने के व्हिलए देने को कहा। मैंने तन्वीर
को उसके मोबाईल पर कॉन्टॅक्ट मिकया तो उसने मिमरा रोड स्टेर्शीनपर आकर उसका
पासपोट* मुझे मिदया। मिटकट के व्हिलए रू.२००००/- खलीदा आपा से लेने को कहा
था। उस समय तनवीर ने मुझे बताया की वह ऐहेतेर्शीाम का दोस्त है और जिसमी का
काय* कता* है। मैंने वह पासपोट* व्हिलया और रू.२००००/-खलीदा आपा से लेकर
पासपोट* और पैसे मुस्ताक भाई को इरान का व्हि1हसा लगाने और इरान का मिटकट
मिनकालने को मिदये।

२०) उसके कुछ मिदनों के बाद रिरझवान डावरे ने मुझे फोन करके चॅटींग पर आने के
व्हिलए कहा। चॅटींग पर उसने मुझे खलीदा आपा से रू२०,०००/- लेकर तन्वीर को
देने के व्हिलए कहा और आझम श्चिचमा के दो फोन नंबर उसने पहले मुझे मिदये थे वह भी
तन्वीर को देने के व्हिलए कहा। १५-२० मिदनो मे तन्वीर के पासपोट* में इरान का व्हि1हसा
लगाकर और इरान जाने के व्हिलए एअर मिटकट मिनकालकर मुस्ताक भाई ने मुझे मिदया।
मैने वह पासपोट* एअर मिटकट और खव्हिलदा आपा के पास से व्हिलए हुझे रू.
२०,०००/- लेकर डॉ. तन्वीर को मिमरा रोड स्टेर्शीन पर मिदये। उसको आझम श्चिचमा के
दो फोन नंबर भी मिदये और इरान पहुच ं कर उस फोन नंबर पे कॉन्टॅक्ट करने को कहा।
मई २००४ में डॉ. तन्वीर इरान के रास्ते से पामिकस्तान गया।

२१) एमिप्रल २००४ में रिरझवान डावरे ने मुझे चैहिंटग पर आने के व्हिलए कहा। मैने चेंहिंटग
करने पर फैजल मुझे खव्हिलदा आपा से १००००/-रू. लेकर ऐहेतेर्शीाम को अजमेर
जाने के व्हिलए देने को कहा। तब मै खव्हिलदा आपा से पैसे लेकर ऐहेतेर्शीाम को
१०,०००/- रू. मिदये थे।

२२) उसके कुछ मिदनों के बाद रिरझवान डावरे ने मुझे चैहिंटग पर आने को कहा। मैं
चंहिंटग पर गया तो उसने मुझे ट्रेहिंनग के व्हिलए पामिकस्तान जाने के बारे में पुछा। मैने उसे
हा कहा। रिरझवान डावरे ने खव्हिलदा अपा से रू.२००००/- लेकर मिटकट और मिवहसा
के व्हिलए मुस्ताक भाई कों देने के व्हिलए कहा। साल २००२ मे ही मैने पुना में मेरा
पासपोट* बनाकर व्हिलया था। मेरे पासपोट* मे इरान का व्हि1हसा लगाने के व्हिलए और

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
499

मिटकट के व्हिलए मैने मुस्ताक भाई को मेरा पासपोट* और रू.२००००/- मिदए। अगस्त
२००४ मे मैने ट्रेहिंनग के व्हिलए जाने के बारे मे रिरझवान से कॉन्टॅक्ट मिकया तब उसने
मुझे सौदी का एक कॉन्टॅक्ट नंबर मिदया था। वह नंबर अभी मुझे याद नहीं।

२३) उस दौरान तन्वीर पामिकस्तान से ट्रेहिंनग करके लौटकर आया था. उसने मुझे
फोन करके वह पामिकस्तान से ट्रेहिंनग करके लौटकर आने की बात बताई. मैने उसे
मिमरा रोड स्टे र्शीन पर बुलाकर उसको वहा जाकर मिमला तो उसने मुझे बताया की,
पामिकस्तान मे ट्रेहिंनग के दौरान उसने एके -४७ रायफल चलाना, उसे खोलना जोडना,
बम बनाना यह श्चिचजों की ट्रेहिंनग हासील मिक है। तभी तन्वीर ने मुजफ्फराबाद के अल
अक्सा इस ट्रेहिंनग कॅम्प में कैसा जाना पड़ता है यह उसने मुझे समझाया. उसने मुझे
यह भी कहा की, उसे बहावलपुर में आझम श्चिचमा बाबाजी के घर पर फैजल मिमला था।
उस समय तन्वीर ने मुझे जाली नोट पहचानने का एक अल्ट्रा 1हायोलेट लैम्प मशिर्शीन
मिदया और पामिकस्तान में आझम श्चिचमा को देने के व्हिलए कहा।

२४) तारीख ९ अगस्त २००४ को जुम्मा के मिदन दोपहर १२:३० बजे मैं इरान
एअरवेज के हवाई जहाज से इरान के व्हिलए रवाना हुआ और र्शीाम को करीब ०४.३०
बजे तेहरान हवाई अड्डेपर पंहुचा. मै वहा से तेहरान गुल मेहमान पजीर इस होटल में
र्शीाम को ०५:०० बजे पंहुचा. मैं इरान जाते समय मेरे पास पासपोट* , व्हि1हसा, रिरटन*
मिटकट और ५०००/- तुमान इरानी करन्सी और ७० अमेरिरकन डॉलर व्हिलए थे। उस
होटल मे ३०० तुमान मिकराया मैंने मिदया।

२५) मैने इरान में रिरझवान डावरे ने मिदए हुए फोन नंबर पर कांटेक्ट करने पर दस ु रे
मिदन दोपहर १२:०० बजे करीब अब्दल ु रहमान नाम का एक आदमी लेने के व्हिलए
आया। अब्दल ू रेहमान ने मेरा पासपोट* , व्हि1हसा, मिटकट, पैसे और बैग खुद के पास
व्हिलए। और मुझे पठाणी कपडे पहनेने के व्हिलए मिदये। इसके बाद उसने मुझे पैदल बोड* र
क्रॉस करवाके पाकीस्तान की हदमे आबुर्शीाहीद नाम के एक आदमी के हवाले मिकया।

२६) अबुर्शीामिहद ने मुझे असली नाम और पहचान मिकसी को बताना नहीं ऐसे
समझाया। और उसने मेरा नाम आबूर्शीामिहद रखा और वही नाम बताने को कहा।
उसके बाद हम मिदन रात सफर करके मुलतान रेल्वे स्टे र्शीन पहुँचे. वहाँ से लक्झरी
बस से बुधवार तारीख १३/०८/०८ र्शीामको ०६.०० बजे के करीब हम बहावलपुर
पहुँचे और वहां से पैदल जाकर आझम श्चिचमा उफ* बाबाजी के घर गये।

२७) वहाँ आझम श्चिचमा के घर में मुझे मेरा भाई फैजल मिमला। फैजल ने डॉ. तन्वीर
वहा आकर ट्रेहिंनग करके गया ऐसे बताया। करीब दो घंटे बाद आझम श्चिचमा उफ*
बाबाजी बाहर से आया। उसने मुझसे सफरके बारे मे पुछताछ मिक और ट्रेमिनग को
जाना है क्या पूछा। मैने हा कहा। उस समय मैने आझम श्चिचमा को तन्वीर ने मिदया हुआ
जाली नोट पहचानने का अल्ट्रा 1हायलेट लैम्प मशिर्शीन मिदया।

२८) दस ु रे मिदन दोपहर मे खाना खाने के बाद मैं आझम श्चिचमा उफ* बाबाजी का
ड्राय1हर अबू बकर के साथ लक्झरी बस से रातभर सफर करके दस ु रे मिदन सुबह
११.०० बजे हम मुझफराबाद पहुच ं े। करीबन आधा मिक.मी. पैदल चलके चेकपोस्ट
पर पहुँचे। वहा आझम श्चिचमा ने मिदया खत चेक पोस्ट पर मिदया। वहापर मेरी चेहिंकग हुई
और हम पहाडी चढ़कर तकरीबन दो घंटे के बाद बनी झाडीयो मे पहुँचे।

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
500

२९) वहा पे घनी झाडीयों मे मिमटटी से बने हुये मकान मिदखाई मिदये। उसपर पत्रे लगाये
थे। वहाँ जिसफ* पैदल जाने को रास्ता ही था। उसके पाससेही एक नदी गुजरती है
उसमे पाईप डालके कॅम्प के व्हिलए पानी लाया जाता है। अबुबकर ने मुझे यह अल
अक्सा ट्रेमिनग सेंटर है ऐसा बताया। वहा पे अबुबकर ने मेरी आबु काफा से पहचान
करवा मिद और वह उस ट्रेहिंनग सेंटर का ईन्चाज* है ऐसे बताया। आबु काफा ने पहचान
करवा मिद की ट्रेहिंनग सेंटर पाक ऑक्युपाईड क^मीर का मिहस्सा है। वहाँ पे दस
ु रे मिदन
मेरी ट्रेहिंनग र्शीुरू हुई। मेरी ट्रेमिनग १५ मिदन तक चली।

३०) उसके बाद अबुबकर मुझे वापस भवलपुर मे आझम श्चिचमा के घर लेकर गया वहा
पर फैझल था। मैं उसके साथ दो मिदन रूका. वहा आझम श्चिचमा मुझे मिफर मिमला। उस
समय फैझल भी मेरे साथ हाजीर था। आझम श्चिचमा ने ट्रेहिंनग के बारे में कैसा लगा ऐसे
पुछा। मिफर उसने बताया मिक ” जिजहाद हर मुसलमान का फज* है और हर मुसलमान
को जिजहाद करना चामिहये। मैं ये सब इस्लाम के व्हिलए कर रहा हूँ। हिंहदस्ु तान में क^मीर
में मुसलमानों पर जुलुम होता है। इसव्हिलए हिंहदस्ु तान मे जिजहाद करना है। मैने उसे
पुछा की, इसके व्हिलए मुझे क्या काम करना पडेगा उस समय आझम श्चिचमा ने बताया
मिक क्या करना है वह फैजल बतायेगा। तब फैजल को मैने पुछा तो उसने सही टाईम
आयेगा तभी बताउँ गा ऐसे मुझे कहा।

       ३१) दसु रे मिदन अबुर्शीामिहद मुझे तप्तान पहुच
                                                   ं ाया। वहाँ मुझे लेने के व्हिलए अब्दल     ु रहमान
       आया था। और उसके साथ मैंने बॉड* र क्रॉस करके ईरान में जायदान पहुच                  ं े। वहाँ से मैं

तेहरान पहुचं ा। वहाँ पर मैने तीन मिदन रूककर मेरे व्हि1हसा की तारीख बढ़ा कर व्हिल और
इरान ऐअरवेज के मिवमान से मैं सिंसतबर २००८ के दस ु रे हप्ते में ट्रेहिंनग करके बम्बई
वापीस आया। मैं बम्बई वापस लौटने के बाद २/३ मिदन के बाद डॉ. तन्वीर को मिमला
और उसे ट्रेमिनग के बारे में बताया।

३२) पामिकस्तान में ट्रेहिंनग करके आने के बाद मैंने मेरा मोबाईल नंबर बदलकर
एयरटेल का पोस्ट पेड नंबर ९९६७२७२४०२ व्हिलया। उसके बाद वापस जनवरी
२००५ में मैंने एअर टेल मिप्रपेड मोबाईल नंबर ९८६७३२९०६७ व्हिलया।

३३) साल २००५ के सुरुवात मे रिरझवान डावरे ने मुझे फोन करके उसका बदला
हुआ नया ई-मेल आयडी मुझे मिदया और फैजल २/३ ममिहनों में पामिकस्तान से वापस
आने वाला है ऐसे बताया। उसके कही मिदन बाद फैजल ने मेरे मोबाईल पे फोन करके
वह सौदी अरेमिबया में आया है ऐसे बताया। उसके बाद फैजल फरवरी २००५ में
बम्बई लौट आया। फैजल आने के बाद तकरीबन ३ हप्ते हमारे साथ मिमरा रोड में रहा।
उसके बाद उसने मस्जीद बंदर में मिकराये पर रूम लेकर वहां रहकर वह लष्कर ए
तोयबा के व्हिलए काम करने लगा।

३४) हवाले के जरीए खव्हिलदा आपाके पास आये हुये पैसे मैं फैजल के कहने पर हमारे
मिपताजी के मीरा रोड की आय.सी.आय. बैंक मे ब्रांच के खाते में भरता था और ब्लैंक
चेक बुक पर मिपताजी के पहले ही दस्तखत व्हिलए थे। उसके बाद मै फैŠल के कहने पर
बैंक से पैसे मिनकालता था। मैंने एक बार २५ हजार और दस ु रे बार ३० हजार ऐसे दो
बार बँक खाते से पैसे मिनकाल कर मश्किस्जद बंदर रेल्वे स्टेर्शीन पर फैजल को मिदये थे।

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
501

३५) फैजल मश्किस्जद बंदर के रूम पर जिसफ* तीन ममिहने रहा। उसके बाद धारावी में
यु.पी. रेस्टॉरंट के पास उसका दोस्त र्शीाह फैझल के पास रहा और थोड़े मिदन के बाद
लक्की व्हि1हला मिबल्डींग, टेरस
े फ़्लैट नं. २४, पेरी क्रॉस रोड, कांतवाडी बांद्रा (प) बम्बई
यहाँ जॉगस* पाक* के पास कॉट* र रोड, बांद्रा (प) यहा पर मिकराये पर एक फ़्लैट लेकर
वहां रहने लगा।

३६) मेरा दस ु रा भाई रामिहल यह ऑगस्ट २००५ मे ओरॅकल कंपनी बंगलोर में
नौकरी को लगा। मैं भाई से मिमलने जिसतंबर २००५ में बंगलोर गया था। मैं वहाँ पर एक
ममिहना रहकर बम्बई वापस आया। और मैंने वार्शीी मे राजीव बॅनज के घर पर
सॉफ्टवेअर ऑपरेहिंटग सीखा। वहाँ पर मैंने ६ ममिहने का कोस* पुरा मिकया। उसके बाद
एमिप्रल २००५ में स्पायडर जिसस्टम ओरॅकल, मिवमान नगर, पूना यहाँ पर मैने
सॉफ्टवेअर इंजिजमिनअर का एक ममिहने का कोस* मिकया। उस वक्त मै पुना में मेरी फुफा
के गारनेर रेजिसडेन्सी, फातीमा नगर, पूणे के घर में रहता था।

३७) मेरा भाई रामिहल फेब्रुवारी २००६ मे बेंगलोर से बम्बई वामिपस आया और माच*
२००६ में कंपनी ने मिदये हुये मिवसापर युके गया। वहा पे वह बर्किंमगहॅम में अपनी मूळ
कंपनी जेनझार मिक तरफ से फुजीत्सु मे कंपनी में काम करता है। राहील वहाँ पे कंपनी
के करीब भाडे के घर में रहता है। रामिहल की मिबबी और उनके दो बच्चे हमारे पास मिमरा
रोड में रहते है।

३८) मैंने पामिकस्तान में लष्कर ए तोयबा के कैम्प में ट्रेहिंनग व्हिलया था। वहा पे मेरा भाई
फैझल के सामने लष्कर ए तोयबा का कमांडर आझम श्चियमा ने हिंहदस्ु तान में खास
करके काश्कि^मर में मुसलमानो पर जुलूम होता है इसव्हिलए हिंहदस्ु तान में जिजहाद करना है
ऐसे मुझे बताया था। पामिकस्तान से फैजल फरवरी २००५ मे बम्बई वापस आया।
बम्बई आने के बाद फैजल ने मुझे बताया की, हिंहदस्ु तान मे जिजहाद करना है और
इसव्हिलए बम्बई मे बड़ी वारदात करना है। बम्बई आने के बाद फैजल आझम श्चिचमा के
साथ लगातार संपक* में था।

३९) इस साल फरवरी २००५ में जलगाव के आजिसफ खान उफ* जुनेद के बुलाने पर
फैजल के बांद्रा के घर मिमटींग हुई। उस मिमटींग में गया था। मिमटींग में जुनेद, फैजल,
एहतेर्शीाम डॉ. तन्वीर, सुहेल वगेरे थे। इस मिमटींग में जुनेद ने बम्बई में बम धमाके करने
के मिमए टारगेट ढू ंढ़ने के व्हिलए फैजल और हमको आदेर्शी मिदया।

४०) फैजल, सुहेल वगैरे साउथ बम्बई घुमकर आये लेमिकन कोई भी जगह सही नहीं
लगी ऐसे फैजल ने बताया। उसके बाद मुझे ऐहेतेर्शीाम, तन्वीर, सुहेल और जमिमर को
लेकर चच* गेट से मिवरार तक लोकल ट्रेन में सफर करके देखा। शिभड मे बम धमाके
करने के व्हिलए लोकल ट्रेन का टारगेट मिठक लगा। उसमे पकडे जाने का धोका भी नहीं
लगा।

४१) फैजल ने उसके कई मिदन बाद मुझे बताया की, ११ जुलाई को लोकल ट्रेन मे
बम धमाके करने का पक्का हुआ है और उसके व्हिलए आझम श्चिचमा पामिकस्तान से कई
आदमी लोगों को भी भेज रहा है। इसमे मुझे कु छ भी काम करने के व्हिलए तयार रहना
है ऐसे फैजल ने मुझे बताया और और जरूरत पड़े तो मरी मदद व्हिल जाएगी ऐसे
फैजल ने मुझे बताया।

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
502

४२) मई २००६ के दस ू रे हप्ते में सौदी अरेमिबया से रिरझवान डावरे ने मुझे मेरे मोबाईल
पर फोन मिकया। उसने मुझे बताया की फैजल ने १५००० रिरयाल इतनी रक्कम मांगी
है। वह रकम वो सौदी अरेमिबया से उसके मिहदायत उल्ला सुंडके नाम के एक पहचान
वाले के साथ पुना भेज रहा है। रिरझवान डावरे ने मुझे फोन पर मिहदायत उल्ला सुंडके
का मोबाईल नंबर मिदया और उसको कॉन्टॅक्ट करने को कहा।

४३) २७ जुन २००६ के रोज ओरॅकल कंपनी बेंगलोर से मुझे तुरत ं काम पे हाजीर
होने के व्हिलए कहा गया। उसी मिदन ^याम को मै हिंकग मिफर्शीर एअर कंपनी के फ्लाईट से
बेगलोर गया। तारीख २८ जून २००६ को मैं ओरॅकल ओटीपी बेंगलोर में डेटाकोअर
कॉन्टॅक्ट के जरीए काम पर हाजीर हुआ। 1हा मुझे सुबह ०६:३० बजे से दोपहर
०३:०० बजे तक डयुटी रहती थी।

४४) १५००० रिरयाल रिरझवान डावरे से आने की बात मैंने मई ममिहने मे ही फैजल
को बताई थी। तभी फैजल ने उस बात की जानकारी उसे है ऐसे मुझे बताया था।
मिहदायत उल्ला सुंडके २ जुलाई २००६ को सौदी से पुना पहुच ं ा तभी मैंने बंगलोरसे
मिहदायत उल्ला सुंडके को कॉन्टॅक्ट करके वो रिरयाल पुना में गारनेर रेजिसडन्सी, १ ला
माळा, फातीमा नगर में रहने वाले मेरे फुफा के लडके मिबलाल सलाउददीन र्शीेख को
देने को कहा। मैने मिबलाल सलाउदद्दीन र्शीेख को फोन करके सौदी अरेमिबया से आये
हुये मिहदायत उल्ला सुंडके को रिरझवान ने मिदया हुआ मोबाईल नंबर देकर उससे १५
हजार रिरयाल लेकर डेक्कन टॉवर, पुलगेट, ३ रा माळा, पुना यहा रहने वाला मेरा दस ु रा
रिरस्तेदार मोहसीन खान के पास देने के व्हिलए उसे कहा। उसके मुतामिबक ०५-०७-
२००६ को वो रिरयाल मिबलाल र्शीेख ने मिहदायत उल्ला से व्हिलए। फैजल ने मिबलाल को
कॉन्टॅक्ट करके वो रिरयाल डेक्कन टॉवर, पुलगेट, ३ रा माळा पुना यहां रहने वाला मेरा
दस ु रा रिरस्तेदार मोहसीन खान के पास देने के व्हिलए उसे कहाँ। मिबलाल र्शीेख ने वो १५
हजार रिरयाल मोहजिसन खान के पास मिदये। उस समय मोहजिसन के मिपताजी जे.जे.
अस्पताल मे दाखील थे उसके व्हिलए मोहजिसन पुना से बम्बई आया। आते समय वह
सौदी रिरयाल साथ लेकर आया और दस ु रे मिदन जे .जे. अस्पताल में मेरे भाई फैजल
को मिदए।

४५) तारीख ११-०७-२००६ को मैं हमेर्शीा की तरह सुबह ०६:३० बजे ओरॅकल
कंपनी मे काम पर गया। और दोपहर ०३:०० बजे काम खतम होने के बाद कंपनी के
पुलक्लब में ^याम ०६:०० बजे तक खेल रहा था। उसके बाद मैं बेंगलोर के सीवीएम,
२ स्टे ज, २९ मेन, ३९ क्रॉस के रूम पर आया। रात को ०८:३० बजे नमाज को
गया। और रात १०:०० बजे मिबलाल काश्कि^मरी बाहर से आया तब उसने बम्बई में
लोकल ट्रेनो में बहुत से जगह पर बम धमाके हुये ऐसा बताया। इसव्हिलए मैने तुरत
ं
बम्बई मेरे घर पर फोन कर कर घरवालों की पुछताछ मिक थी तब मुझे बताया की
बम्बई में लोकल रेलों मे बहोत से जगह पर धमाके हुये और घरवाले सब मिठक है।

४६) पामिकस्तान में मै जभी आतंकवादी कारवाई करने का ट्रेहिंनग ले रहा था तभी उस
ट्रेहिंनग कॅम्प में बहोत बार मिमलीटरी की गाडी लेकर बड़े अफसरान आते थे और
हमारा ट्रेहिंनग मिकस प्रकार चल रहा है वो देखते थे। हमारे ट्रेनर लोग उनसे बहोत ही
रिरस्पेक्ट से पेर्शी आते थे। मैने उनके बारे मे पुछने पर मुझे पता चला की वो अफसरान

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
503

पामिकस्तानी खुमिफया एजन्सी आय एस आय के एजन्ट अफसर थे। वो लोगों का
लष्कर ए तोयबा के लोगों पर पुरा मिनयंत्रण था।

४७) उसके बाद बम्बई पुव्हिलस मुझे बेंगलोर से पुछताछ को बम्बई ले आये। मेरे
भाई फैजल को भी पुछताछ के व्हिलए पुलीस ने ताबे में व्हिलया। उस पुछताछ के
दौरान हम दोनो भाई को तारीख २७-७-२००६ को र्शीाम बम्बई मे लोकल रेल
मे हुये बम धमाके के केस मे मिगरप्तार मिकया। हमारी मिगरप्तारी की वजह और
हमारे मिपताजी को इस बारे में खबर दी।

1133. First few paras are relating to his educational and family
background, and then how he came in contact with the people of SIMI.
Then in the middle of the portion, he gives information about the
activities of A.3 – Faisal Shaikh to send people for training in Pakistan.
Then he speaks about the training of Tanveer and his continuous
contact with Rizwan Dawrey. Then about his meeting with Azam
Cheema and then proceeding for training in Kashmir. The highlighted
portion of the statement is the portion which is relevant.

The True Translation Of The Highlighted Portion
“39) In February 2005, a meeting was held at Faizal’s house in Bandra on the
call of Asif Khan alias Junaid of Jalgaon. I had gone to that meeting. Junaid,
Faizal, Ehtesham, Dr. Tanvir, Suhail and Bashir were present in the meeting.
In this meeting, Junaid ordered Faizal and me to find targets for carrying out
bomb blasts in Bombay.

40) Faisal, Suhail etc. travelled around South Bombay but none of the places
seemed right, Faisal told me. After that I travelled in a local train from
Churchgate to Virar along with Ehtesham, Tanvir, Suhail and Zameer. The
local train seemed like a good target to detonate the bomb in a crowd. There
was no risk of getting caught either.

41) Faisal told me several days later that it has been decided to carry out a
blast in the bomb on 11th July and Azam Cheema is sending many people
from Pakistan for that. Faisal told me that I should be ready to do any work
in that and if money is needed, my help will be taken, Faisal told me.

42) In the second week of May 2006, Rizwan Dawrey called me on my
mobile phone from Saudi Arabia. He told me that Faizal has asked for a sum
of 15000 Riyals. He is sending that money from Saudi Arabia to Pune with
an acquaintance named Hidayat Ullah Sundke. Rizwan Dawrey gave me
Hidayat Ullah Sundke’s mobile number on the phone and asked me to
contact him.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
504

43) On 27 June 2006, I was asked by Oracle Company Bangalore to report
for work immediately. That very evening I went to Bangalore by Kingfisher
Air Company flight. On 28 June 2006, I reported for work at Oracle OTP
Bangalore through Datacore Contact. I had duty hours from 06:30 AM to
02:00 PM.

44) I had told Faizal about the 15000 Riyals coming from Rizwan Daware in
the month of May itself. Faizal had told me that he knew about it. Hidayat
Ullah Sundke reached Pune from Saudi on 2nd July 2006. Then I contacted
Hidayat Ullah Sundke from Bangalore and asked him to give those Riyals to
my uncle’s son Bilal Salauddin Sheikh who lives in Garner Residency, 1st
Floor, Fatima Nagar in Pune. I called Bilal Salauddin Sheikh and gave the
mobile number given by Rizwan to Hidayat Ullah Sundke who had come
from Saudi Arabia and asked him to take 15000 Riyals from him and give it
to my other relative Mohsin Khan who lives in Deccan Tower, Pulgate, 3rd
Floor, Pune. According to him, on 05-07-2006, Bilal Sheikh took those
riyals from Hidayat Ullah. Faizal contacted Bilal and asked him to give those
riyals to my other relative Mohsin Khan who lives at Deccan Tower, Pulgate,
3rd Floor, Pune. Bilal Sheikh gave those 15 thousand riyals to Mohsin Khan.
At that time Mohsin’s father was admitted in JJ Hospital, for which Mohsin
came to Bombay from Pune. While coming, he brought Saudi riyals with
him and gave them to my brother Faizal in JJ Hospital the next day.

45) On 11-07-2006, I went to work at Oracle company at 6:30 am as usual.
After finishing work at 3:00 pm, I was playing in the company’s pool club till
6:00 pm. After that, I came to my room at CVM, 2nd Stage, 29 Main, 39th
Cross, Bangalore. At 8:30 pm, I went to offer namaaz. At 10:00 pm, Bilal
Kashmiri came from outside. He told me that there were bomb blasts in
many places in local trains in Bombay. So, I immediately called my home in
Bombay and enquired about my family. They told me that there were bomb
blasts in many places in local trains in Bombay and everyone in the family is
fine.”

Conclusion

1134. The law says that if a full and detailed confession is made in
circumstances which make it unlikely that it was a result of coercion or
inducement, the fact that it is subsequently retracted may mean little or
nothing (Emperor vs. Krishna Bababji Chavan (supra)).

1135. In light of the above referred well settled law position, when we
considered the relevant portion of the confessional statement of A.9
relating to the bomb blasts, it will be revealed that this retracted

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
505

confessional statement does not fall in the category of a ‘full and
detailed confession’, for the reasons discussed hereunder.

1136. According to A.9, he carried out survey by traveling in local
train along with A.4 – Ehtesham, A.2 – Tanveer, A.10 – Suhail and A.11

– Zameer from Churchgate to Virar and fixed the local trains as target.
Except this, he does not disclose any important information namely the
details of the trains in which it was decided to carry out the bomb
blasts, the timings of the trains, etc.

1137. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

A.10- Suhail Shaikh

1138. A.10 – Suhail Shaikh was arrested on 25/07/2006 in Cr. No.
77/2006 in Mumbai Central Railway Police Station. He was in
prolonged police custody for 73 days before recording of his
confessional statement. According to him, his confessional statement is
the outcome of and the result of torture inflicted on him.

1139. The record shows that the last application moved by the
prosecution was on 30/09/2006 in Cr. No. 156/2006, i.e. after six days
of invocation of provisions of MCOCA. In the last application dated
30/09/2006 for remand, it was the case of the prosecution that
“considering the widespread tentacles of the organized crime syndicate
and the way in which the entire continuing unlawful activities are being
carried out with immaculate precision without leaving behind any trail,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
506

a thorough investigation is required to be done for which custodial
interrogation of the accused persons is absolutely essential.”

1140. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is
required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

1141. The confessional statement of A.10 was recorded on
05/10/2006 (Part-I) and 06/10/2006 (Part-II). This shows that just
within few days from the last application of remand, A.10 allegedly
gave confessional statement.

1142. The prosecution could not bring on record the reason for giving
confessional statement by A.10 after a prolonged period of 73 days.
And, particularly when, there was no sufficient evidence available with
the prosecution.

1143. According to A.10, it was because of torture. He immediately at
the earliest opportunity after he was referred to judicial custody
retracted the statement.

Confessional Statement of A.10 – Suhail Mehmood Shaikh
मेरा नाम सुहेल महेमूद र्शीेख, उमर ३८ साल, धंदा- कपडे को रफु करने का, पता १५३८,
गल्ली नं.१६, सेंट्रल स्ट्रीट, भीमपुरा कॅम्प, पुणे-१ है.
मै उपर मिदये पतेपर मेरे मिपताजी, मेरी माँ, दो भाई, मेरी मिबबी, मेरे दो लडके और एक लडकी
इनके साथ रहता हूँ. मेरा जनम 13.02.1969 को कँटोन्मेंट बोड* हॉश्किस्पटल, पूना में हुआ. मेरी
पढाई मोलेमिदना इंग्लीर्शी प्रायमरी स्कुल कॅम्प, पूना और मोलेमिदना टेश्किक्नकल हायस्कुल,
स्वारगेट पूना, में हुआ. मै दसवी कक्षा में फेल हुआ हूँ.
1986 मे फेल होने के बाद मैं कपडे को रफू करने लगा. मेरे नाना यही काम करते थे . 1988-
1989 मे मै एक्सप्रेसो एडवटा*इहिंŠग एजेंसी मे काम करता था, लेमिकन वहाँ तनखा कम होने
के कारण मैंने नोकरी छोड दी और मिफरसे रफू करने का काम करने लगा. उस वक्त मेरी

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
507

पहचान हमारे घर के नजदीक रहनेवाले जिसमी काय* कता* इम्रान र्शीेख से हुई. मै उसके साथ
कमरूमिदन मश्किस्जद में र्शीमिनचर की रात होनेवाले ‘दरसे कुरान’ इस जिसमी के काय* क्रम को जाने
लगा. वहाँ पर मेरी आजिसफ खान, जिसमी के युमिनट अध्यक्ष के साथ पहचान हो गयी. मै उनसे
हमेर्शी मिमलता था. उसी दरम्यान डिंडसेबर १९९२ में बाबरी मश्किस्जद मिगराने के बाद मेरे मिदलको
काफी ठे स पहुच ं ी थी.

उसके बाद सन १९९५ में ‘ईद ए मिमलाद’ के जूलूस में मै इम्रान, आजिसफ, मिफरोज पठाण,
इव्हिलयास, मोमिमन लईक, अब्दल ु वहाब और रशिर्शीद आग्रावाला इन सभीने मिमलके अमेरिरकी
झंडा जलाया था. उस वक्त हम लोगोंपर लष्कर पूलीस थाना, पुना में केस दज* हुआ था, उस
केस की सुनवाई अब तक कोट* में चालू है। ‘जमाते इस्लामी’ संघटन के वक*र अताऊर
रहेमान र्शीेख ये जिसनेगॉग स्ट्रीट, इमामवाडा, मीना अपाट* मेंट पूना के जमाते इस्लामी लायब्ररी
में बैठते थे. उनके साथ मेरी १९९५ के र्शीुरू में पहचान हुई. उनके दो बेटे – फैझल और
रामिहल इनके साथ भी मेरी पहेचान हो गई. मेरे जरिरये उनकी पहचान आजिसफ खान के साथ
हो गयी. उसके बाद फैझल और रामिहल भी जिसमी के प्रोग्राम में आने लगे. उस वक्त मै भी
‘जिसमी’ संगठन में जाने लगा. वही मेरी पहेचान रिरझवान डावरे के साथ भी हो गयी. हम सब
जिसमी संघटन के पूना काया*लय में मिमलने लगे.

सन १९९९ तक मैं जिसमी का काम करते रहा. उस वक्त में मै अलीगड उत्तर प्रदेर्शी और
औरंगाबाद में जिसमी के संमेलन में र्शीरीक होने के व्हिलए जाता था. २००२ में मैंने अपना
पासपोट* बनवा व्हिलया और जपान में मामु के पास नौकरी के व्हिलए जाने का प्रयास मिकया.
लेमिकन पैसे की कमी की वजह से जापान नही जा पाया. सन २००० में फैझल का भाई
रामिहल की र्शीादी हो गयी उस वक्त हम सब लोग हाजीर थे . बाद में मैं एक बार फैझल के घर
गया था. फैझल घर में नही था, लेमिकन उसके मिपताजी और भाई थे, उनके साथ ठीकसे
बातचीत नही हुई. तीन-चार ममिहने बाद रमझान में फैझल मुझे पुनामें मिमला. उस वक्त ‘जिसमी’
संघटन पर बंदी लगनेसे जिसमी का काम बंद हुआ था. मिफर भी हम मश्किस्जद में गुप्तता से मिमटींग
लेकर जिसमी संघटन पर होनेवाले अन्याय के बारे में चचा* करते थे. उस वक्त एक मिमटींग मे
फैझल ने मुझे ‘वहाँ मेरी माली हालत सुधारने के व्हिलए एक ऑफर है और उसमे अच्छा पैसा
भी मिमलेग, हालत भी सुधर जाएगी’ ऐसा कहा. उसके बाद दो तीन बार मै उसके घर गया और
पुछा “क्या ऑफर है?” तो बोला “तुझे अकेले में बोलता हूँ.”
उसके कुछ मिदन बाद फैझल मुझे मंगल मिवहार हॉटेल ले गया । वहाँ पर फैझल ने मुझे
“पामिकस्तान जाके आतंकवादी ट्रेहिंनग करेगा तो वहाँ बहोत पैसा मिमलेगा” ऐसा कहा. इसके
बारे में सोचने के व्हिलये मैने वक्त माँगा. बाद में मेरी पहेचान जुम्मा, उम्र ४० साल, और कमाल,
उम्म्र ४० साल, दोनों सुदान के नागरिरक के साथ हुई। उन्होंने मुझे एक ऑफर दी. उनकी
हालत बहोत खराब थी। तब उन्होंने मुझे कहा की अढाई लाख रूपये साउथ आमि¥का के
बैंक में उनके अकाउं ट में भरने के बाद मुझे बडी रकम मिमलेंगी. उन्होंने मिवसा की अवधी खतम
होने के बावजुद भी हिंहदस्ु तानी लडमिकयोंसे मिनकाह करके रहते थे . मेरी भी हालत खस्ता थी.
उसके बावजूद मैने सब रिर^तेदारोंसे पैसे इकठ् ‌ठा करके उनको दे मिदये. उसी दौरान रिरझवान
डावरे मिमला और उसने मुझे “फैझल के प्रपोजल के बारे में क्या सोचा ऐसे पुछा और बताया
की, फैझल ने उसे भी वही प्रपोझल मिदया हुआ है। मैने रिरझवान को बताया की, “मिफलहाल
मैंने दस
ु रा काम र्शीुरू मिकया है. फैझल के प्रपोजल के बारे में बाद मे सोचुंगा”. दसू रे मिदन में और
रिरझवान डावरे फैझल के घर में गये . फैझल ने प्रपोजल के बारे में पुछा तो मैंने उसे मेरे और
जुम्मा और उसके साथी के साथ चल रहे डील के बारे मे बताया. कुछ मिदनों बाद जुम्मा और
कमाल दबु ई भाग गये . तब मुझे पता चला की उन्होंने मुझे फसाया. उसके बाद मैंने फैझल का
प्रपोजल स्वीकार करने के जिसवा और कोई चारा नही था. फैझलने मुझे कहा की “तू ट्रेहिंनग

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
508

करके आना, मैं तुझे एक लाख रूपया दगँ ू ा. वहाँ पहुँचने के बाद तुझे इतना पैसा मिमलेगा की
तेरी हालत ही बदल जाएगी.”

सप्टेंबर २००२ में फैझल ने मेरा मिवसा और मिटकट का इंतजाम करके एक न1हेंबर २००२
को मै मुबं ईसे तेहरान गया. रिरझवान ने जाते समय मुझे रू १०,०००/- और सौदी रिरयाल
१२,०००/- मिदये थे. तेहरान से मै पासरगड गया, वहां से फैझल के भाई रामिहल को दबु ई में
फोन मिकया. मै सात मिदन पासरगड के हॉटेल में ही रूका. बाद में रामिहल के कहने से मै अकेला
जायदान गया. उधर अबुझर हॉटेल में चार मिदन रूका. वहाँ मुझे लेने अब्दल ु रहेमान नाम के
आदमी को रामिहल ने भेजा. उस अब्दल ु रहेमान ने मुझे मेरा नाम अमिमन ऐसा बोलने को कहा.
वह आदमी मुझे जीप, बस और ट्रेन के जरिरए बहावलपूर लेके गया. वहाँ आजम श्चिचमा हमारी
राह देख रहा था. उसे मिमलने के बाद हमने आराम मिकया और दस ु रे मिदन हम तैयार होके श्चिचमा
को मिमले. उसने जिजहाद और गुजरात के बारे मे बताया. वहाँ एक आदमी आया, जो
आय.एस.आय का आदमी है, ऐसा बाद मे मेरे समझ मे आया. आझम श्चिचमा ने बताया की ”

यहाँ पे जो चलता है, वो आय.एस.आय के ही अंडर चलता है और उनको पुरी जानकारी दी
जाती है. पामिकस्तान सरकार की आय.एस.आय खुमिफया एजेंसी बहुतही र्शीाश्चितर है.” चीमा ने
मुझे उस आदमी से कुछ बात करने का नहीं ऐसा इर्शीारा मिकया. बादमे दोनों में देर तक बात
हुई. मेरा पासपोट* और मिटकट चीमा ने रख व्हिलया. रात को आय.एस.आय के आदमी के ही
साथ आजम श्चिचमा के कहने पर रात 9.00 बजे गाडी में बैठकर हम लाहोर के व्हिलए मिनकले.
लाहोर पहुच ं नेपर मुझे आय.एस.आय के दफ्तर में एक अलग कमरा मिदया. कमरे में
आय.एस.आय के दो अफसरोंने मेरी पुछताछ की. पुछताछ मे मै उन्हे पक्का जिजहादी आदमी
लगा. उसी रात को मै 9.00 बजे उनमेंसे एक आय.एस.आय अफसर के साथ बस से
रावलहिंपडी मिनकला. दस ु रे मिदन सुबह हम रावलहिंपडी पहुचं े. वहां आय.एस.आय के एक बंगले
में रूक गये. वहाँ एक अफसर ने आय.एस.आय के बारे में समझाकर उनके व्हिलए भारत में
काम करने के व्हिलए उकसाया. उन्होंने लष्कर-ए-तोयबा के बारे मे बताया, की यह तंझीम
आय.एस.आय के सपोट* पर आय.एस.आय ही चला रही है. यहाँ पर उनके रजामंदी के
जिसवाय कुछ नही चल सकता. उन्होंने मुझे आय.एस.आय के व्हिलए काम करने के व्हिलए बोला.
वो मुझे बार बार हिंहदस्ु तान मे आय.एस.आय का एजंट बनाने के व्हिलए राजी करने की कोशिर्शीर्शी
कर रहे थे.

उसी रात ९.०० बजे मिनकलकर दस ु रे मिदन बससे हम लाहोर पहुच ं े और एक बंगले में गये. वहाँ
भी आय.एस.आय का एक ऑमिफसर मिमला. वहाँ पर गुजरात दंगे और अफगामिनस्तान पर हुए
हमले की चचा* हुई. मुस्लीम जमात पर हुए अत्याचारों के बारे में मुझे बताया. उन्होंने मुझे
हिंहदस्ु तान से खबर मिनकालकर भेजने के व्हिलए बोला. उसमें मुंबई, गोवा और महाराष्ट्र के बॉड* र
के बारे में, गुजरात के पुलीस ऑमिफसस* , भाभा अॅॅटॉमिमक रिरसच* सेंटर, आम की खास
जगहें इत्यामिद के बारे में खबर मिनकालने के व्हिलए बोला। उन्होंने मुझे तीन ई मेल आयडी नंबर
मिदये। वहाँ में दो मिदन रूका.

दस ु रे मिदन र्शीाम को बस से रात में सफर करके दस ु रे मिदन बहावलपूर पॅहूचे और आझम श्चिचमा
के बंगलेपर गये. वहाँ श्चिचमा को ई मेल आय डी और सब जानकारी दी। तब श्चिचमाने मुझको
बताया की आय.एस.आय और लष्कर-ए-तोयबा एकही है. उसने पुछा की तू दोनों में से
मिकसके व्हिलए काम करेगा. मैने उसे ” ‘लष्कर ए तोयबा’ के व्हिलए करेगा” , ऐसा बोलने के बाद
श्चिचमाने मुझे “तू फैझल के साथ काम कर, वहाँ पहुचनेपर तेरे पैसे का इंतजाम हो जाएगा” ऐसा
बोला. मै वहाँ पर दो मिदन ठहरा. वहाँ श्चिचमा ने मुझे हत्यार की मालूमात देकर हत्यार चलाने की
प्रॅक्टीस करवायी.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
509

तीसरे मिदन अब्दल ु रहेमान के साथ मै बहावलपूर से मिनकलकर एक र्शीहर में जाकर वहाँ से
जीपसे रातभर सफर करके दस ु रे मिदन सुबह श्चितफतान बॉड* र के नजमिदक पॅहूचे. र्शीाम को बॉड* र
क्रॉस करके जायदान पँहुचे. वहाँ से अब्दल ु रहेमान वापस चला गया. मै एक हॉटेल में रूका.
दसु रे मिदन सुबह मै मेरा मिटकट वही कन्फम* मिकया. दोपहर को बस से राततक सफर करके
सुबह ११.०० बजे तेहरान पहुच ं ा और एक हॉटेल में रूककर रात को १२.०० बजे हॉटेल
छोडकर एअरपोट* पहुँचा. सुबह ६.०० बजे हवाई जहाज से मिनकलकर उसी मिदन सुबह
१०.०० बजे मुंबई एअरपोट* पॅहूचा. वहाँ से टॅक्सी करके दादर आया और बस से पुना आया.
पुना में मुझे फैझल मिमला. तब मैंने उसे पामिकस्तान में हुए सब वामिकयात बयान मिकए. मैंने
फैजल को बताया मिक मुझे आझम श्चिचमाने हत्यार के बारें में मालूमात देकर हत्यार चलाना
जिसखाया. इसके अलावा कोई ट्रेहिंनग नही दी, ऐसा भी बताया. फैझल मुझे खचF के व्हिलए पैसे
देता था, लेमिकन जैसे कबूल मिकया गया था वैसे एक लाख रूपये उसने मुझे नही मिदये. इसव्हिलए
पैसा मांगने के व्हिलए मै बार बार मुंबई जाता था.
फरवरी २००६ में मैं जब पैसा लेने मुंबई आया तब फैजल ने मुझे कहा मिक ” अगर पैसा
चामिहये तो वो जैसा कहे, वैसा करना”. तब मै पैसे की जरूरत की वजह से उसकी बात पे
राजी हो गया. उसके बाद फैजल के घर में जलगाव के जुनेद ने मिमटींग बुलवायी. उस मीहिंटग
में मैं हामिŠर था. उस मिमटींग में जुनेद, फैजल, एहतेर्शीाम, तन्वीर, मुज्जमील और जमीर भी
हाजिजर थे. उस मिमटींग में मुबं ई में बम धमाकों के व्हिलए कौनसे टारगेट चूनना है, उस बारे में
चचा* हुई. तभी जूनेद ने सभी लोगों को टारगेट के बारे में स1हF करने का हुकूम मिदया. उसके
बाद फैजल मुझे और जमीर को अपने साथ मुंबई का मुआयजा करने लेके गया. मुंबई में हमने
वल्ड* ट्रेंड सेंटर, स्टॉक एक्सचेंज, महालक्ष्मी मंमिदर, जिसध्दीमिवनायक मंमिदर, कुछ बडे र्शीॉहिंपग
मॉल, और लोकल रेल्वे स्टेर्शीन घूमे, लेमिकन हमने पाया की स्टॉक एक्सचेंज, वल्ड* ट्रेड सेंटर
और मंमिदरो में सुरक्षा के इंतजाम सख्त थे . लेमिकन लोकल रेल्वे स्टेर्शीनपर सुरक्षा इंतजाम
इतने खास नही थे. रेल्वे स्टेर्शीन हमेर्शीा भीड से भरे रहते है और वहाँ धमाके के बाद
जानोमाल का ज्यादा नुकसान होगा. इसव्हिलए लोकल ट्रेन ही सही टारगेट होगा ऐसे श्चिडसाईड
हुआ.

मै उसके बाद फैजल के संपक* मे हमेर्शीा रहने लगा. उसी ममिहने में मै खुद, फैजल, एहतेर्शीाम,
तन्वीर, जमीर और मुजश्किम्मल एक साथ मिमलकर मुंबई से मिवरार जानेवाली लोकल ट्रेन में
सफर करके वहाँ का जायजा लेने लगे. हमने यह पाया की र्शीाम को ऑमिफस छुटने के बाद ट्रेन
मे ज्यादा भीड होती है. तब उस लोकल ट्रेनों में धमाका करना जादा आसान रहेगा और भीड
में आसानी से घुल मिमला जा सकता है, ऐसा हमने सोचा.
जुलाई २००६ के पहले हफ्ते में फैजल के बुलाने पर उसके लकी व्हि1हला, पेरी क्रॉस रोड,
बांद्रा वेस्ट इस मकान पर चला गया था। उस वक्त फैजल के घर और चार पाँच आदमी आये
हुए थे. मैं उन्हे पहेचानता नहीं था। वो लोग फैजल के साथ कुछ बातें कर रहे थे . मुझे देखकर
उन्होंने अपनी बाते बंद कर दी। उसके बाद वो लोग ५-१० मिमनीट बाद वहाँसे मिनकल गये. वो
जाने के बाद मैंने फैजल के पास उनके बारे में पुछताछ की, तब उसने मुझे कहा की वह लोग
पामिकस्तान से आये अपने मेहमान है। उनके साथ हम बंबई में बम का बड़ा धमाका करने वाले
है, इसव्हिलए उसकी तैयारी के व्हिलए वे आये है. वहाँ पर उस वक्त जलगांव का आजिसफ खान
उफ* जुनेद खान भी हाजिजर था. उसके बाद फैजल ने मुझे रू ५,०००/- मिदए. वो लेकर मै
उसी मिदन पुना वापस आ गया.

१० जूलै को मै फैजल से और पैसा लेने के व्हिलए बंबई पॅहूचा क्यो मिक फैजल ने मुझे बोला था,
मिक वो तारीख को वो मुझे और पैसा देगा. फैजल ने मिमलने के बाद बताया की “बम तैयार है.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
510

कल ११ जुलाई को बंबई में लोकल रेल में बम धमाके करेंगे . तुम्हारे लायक कुछ काम रहेगा,
तो तुम्हे बता मिदया जाएगा. तुम तैयार रहना.”

1144. First few paras are relating to his educational and family
background, and then how he came in contact with the people of SIMI.
Then, in the middle portion, he states that how he came in contact with
Rizwan Dawrey and A.3 – Faisal. Further, he narrates the story about
him obtaining training at Pakistan. The highlighted part of the
statement is relevant to the bomb blasts, the translation of which is as
under: –

The True Translation Of The Highlighted Portion
“When I came to Mumbai in February 2006 to get the money, Faisal told me
that “if you want the money, do as he says”. I agreed to his proposal because
of the need for money. After that Junaid of Jalgaon called a meeting at
Faisal’s house. I was present in that meeting. Junaid, Faisal, Ehtesham,
Tanveer, Muzzammil and Zameer were also present in that meeting. In that
meeting, there was a discussion about which targets to choose for the bomb
blasts in Mumbai. Then Junaid ordered everyone to survey the potential
targets. After that Faisal took me and Zameer with him to survey Mumbai. In
Mumbai, we visited the World Trade Center, Stock Exchange, Mahalaxmi
Temple, Siddhivinayak Temple, some big shopping malls, and local railway
stations, but we found that the security arrangements were strict in the Stock
Exchange, World Trade Center and temples. But the security arrangements
at the local railway station were not that special. Railway stations are always
crowded and there would be more loss of life and property after the blast
there. Therefore, it was decided that the local train would be the right target.
After that I kept in touch with Faizal. In the same month, Faizal, Ehtesham,
Tanveer, Zameer, Muzzammil, & I travelled together in the local train from
Mumbai to Virar & started surveying the places. We found that the train is
more crowded in the evening after office hours. So we thought that it would
be easier to carry out a blast in the local train during that time and we could
easily mingle with the crowd.

In the first week of July 2006, on Faisal’s invitation, I went to his house at
Lucky Villa, Perry Cross Road, Bandra West. At that time, four or five people
had come to Faisal’s house. I did not know them. They were talking to Faisal.
On seeing me, they stopped talking. After that, they left after 5-10 minutes.
After they left, I asked Faisal about them, then he told me that they were our
guests from Pakistan. We are going to do a big bomb blast in Bombay with
them, so they have come to do the preparations for that. Asif Khan @ Junaid

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
511

Khan of Jalgaon was also present there at that time. After that, Faisal gave me
Rs. 5,000. I took that money and returned to Pune the same day.
On 10th July, I reached Bombay to take more money from Faizal because
Faizal had told me that he will give me more money on that date. After
meeting Faizal, he told me that “The bomb is ready. Tomorrow on 11th July
we will carry out bomb blasts in local trains in Bombay. If there is any work
suitable for you, you will be informed. Be ready.”

Conclusion

1145. When we considered the relevant portion of the confessional
statement of A.10 relating to the bomb blasts, we noticed that this
retracted confessional statement does not fall in the category of a ‘full
and detailed confession’, for the reasons discussed hereunder.

1146. A.10 states that he had surveyed many places along with A.3 &
A.11 only to find out where the bombs can be placed. However, A.2,
A.3, A.4, and A.9 state in their confessional statements that all of them
along with A.10 and A.11 surveyed the potential places for bomb blasts
together.

1147. He does not mention anything about the actual bomb blasts or
the planning of bomb blasts, and the information about trains fixed for
carrying out the blasts.

1148. Thus, in the circumstances, we find that many questions are not
answered by A.10 to say that the confessional statement of A.10 is
complete and could be made the basis to convict him.

1149. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
512

A.11 – Zameer Shaikh

1150. A.11 – Zameer Shaikh was arrested on 25/07/2006 in Cr. No.
77/2006 in Mumbai Central Railway Police Station. He was in
prolonged police custody for 72 days before recording of his
confessional statement. According to him, his confessional statement is
the outcome of and the result of torture inflicted on him.

1151. The record shows that the last application moved by the
prosecution was on 30/09/2006 in Cr. No. 156/2006, i.e. after six days
of invocation of provisions of MCOCA. In the last application, it was
the case of the prosecution that “considering the widespread tentacles
of the organized crime syndicate and the way in which the entire
continuing unlawful activities are being carried out with immaculate
precision without leaving behind any trail, a thorough investigation is
required to be done for which custodial interrogation of the accused
persons is absolutely essential.”

1152. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is
required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

1153. The confessional statement of A.11 was recorded on 04/10/2006
(Part-I) and 05/10/2006 (Part-II). This shows that just within few days
from the last application of remand, A.11 allegedly gave confessional
statement.

1154. The prosecution failed to bring on record the reason for giving
confessional statement by A.11 after a prolonged custody of 72 days.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:31 :::
513

And, particularly when, there was no sufficient evidence available with
the prosecution.

1155. According to A.11, it was because of torture. He immediately at
the earliest opportunity after he was referred to judicial custody
retracted the statement.

Confessional Statement of A.11 – Zameer Ahmed Latifur Rehman
Shaikh
मेरा नाम जमीर अहमद उफ* अहमद लतीफ उर रहेमान र्शीेख, उम्र ३२ साल, धंदा चष्मा और
ताला चाबी बनानेबाला स्टॉल चलाना, रहनेका पता रूम नं. १००, एल ब्लॉक, वल्लभभाई
पटेल नगर, लोटस कॉलनी, वरळी, मुंबई.

मैं उपर व्हिलखे पते पे मेरे मिपताजी, मेरे परिरवार के साथ रहता हू.ं मेरा जनम मुंबई कामाठीपुरा
अस्पताल में हुआ. मेरी पढाई मुंबई में बी कॉम तक हुई. ज्युमिनअर कॉलेज अकबर मिपरमॉय
कॉलेज ऑफ कॉमस* , मौलाना र्शीौकतअली रोड और महाराष्ट्र कॉलेज नागपाडा मुंबई में हुई.
पढ़ाई के बाद, बहुत कोशिर्शीर्शी करनेके बाद भी कोई नोकरी नहीं मिमली. इजिसव्हिलये मैं मेरे मिपताजी
के साथ मुंबई सेंट्रल, बेलाजिसस रोड यहाँ चष्मा और ताला चाबी बनानेवाला और कटलरी का
स्टॉल चलाने लगा. मेरे मिपताजी मिपछले चालीस सालों से वहाँ स्टॉल चलाते है. मुझे नोकरी
की सक्त जरूरत थी इजिसव्हिलये मैंने परदेर्शीमें नोकरी करनेके व्हिलए पासपोट* मिनकलवा व्हिलया था.
सन १९९९ में एक मिदन मै कुला* जाते हुए रस्ते मे जिसमी संघटन के दफ्तर के पास भीड
देखके रूक गया और वहां देखने लगा. वहां कुछ मिकताबे रखी हुयी थी. साथ में बाबरी
मसजीद, अकसा मसजीद (जेरूसलेम इस्त्राईल) की तस्वीरे लगाई हुयी थी. मैं वो तस्वीरे
देखकर प्रभावीत हुवा और अंदर चला गया. दफ्तर के अंदर कुछ टेबल, कुस या रखी हुई थी.
मैं वहा बैठकर वहांके न्यूज पेपर पढ़ने लगा. इतनेमे एक आदमी वहां आया. उसने उसका
नाम वकार बताया. उसने मेरा नाम पुछा और मेरस े े परिरचय करा व्हिलया. उसने मुझे जिसमी
संघटन के बारेमें जानकरी दी. तब मैने उसे कहा की मेरी भी जिसमी संघटन का काम करनेकी
ईच्छा है. तब उसने मेरा पता पुछा और मुझे मुंबई मदनपुरा के पास एक्वानु सफा यहां के
जिसमी के दफ्तर का पता बताया. और वहां जिसमी के दफ्तर जाने को कहां. वहां जाकर तुम
जिसमी संघटन में र्शीरीक हो सकते हो ऐसा उसने बताया. हर र्शीमिनवार को ईर्शीा की नमाज के
बाद संघटन का काय* क्रम चलता है ऐसी जानकारी उसने दी. अगले र्शीमिनवार को मैं मदनपुरा
की घेलाभाई श्किस्ट्रट पर इक्वानु सफा दफ्तर में गया. वहां ईर्शीा की नमाज के बाद कुरान और
हादीस पढाया जाता था.

इक्वानु सफा दफ्तर में मेरी मुलाकात डॉ. तन्वीर, खालीद, साजीद, सलीम, अमिनस के साथ
हुई. मिदसंबर १९९९ में मेरी र्शीादी हुई. र्शीादी के बाद बीबी को न्यूमोमिनया और टीबी की मिबमारी
हुई. उसका इलाज डॉ. तन्वीर के जरीए हुवा. उसके बाद डॉ. तन्वीर से मेरी अच्छी खासी
जान पहचान हुई. अगस्त २००० मे मेरी बीबी को श्चिडली1हरी के व्हिलये फौजिजया अस्पताल में
डॉ. तन्वीर के मदद से दाखील मिकया. उस वक्त डॉ. तन्वीर और मेरी बारबार मुलाकात होती

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
514

रहती थी. हम दोनो हर र्शीमिनवार इक्वानु सफा, मदनपुरा यहां जिसमी संघटन के काय* क्रम में
र्शीारिरक होते थे.

जिसतंबर २००१ में जिसमी संघटन पर सरकार द्वारा कानुनी पाबंदी लगाई जाने के बाद, कुला*
के जिसमी के दफ्तर को जिसल लगाया गया. डॉ. तन्वीर मिगरफ्तार हो गया. इक्वानु सफा का
दफ्तर एक चॅरीटेबल ट्रस्ट की श्चिडस्पेन्सरी होने के वजहसे ऊस जगह की मालुमात मिकसी को
नहीं थी. इजिसव्हिलये हम कानुन की मिगरफ्त से बच गये. लेमिकन उस जगह हमारे संघटन के
काय* क्रम बंद हो गये.

सन २००४ में अमरिरकाने इराक पर मिकए हुए हमले के बाद डॉ. तन्वीर ने हमे हादीस का
वास्ता देकर कहा की इरान, इराक, र्शीाम (जिसरीया) मिमस्त्र (इजिजप्त) इन देर्शीोपर इजराईल
हमला करनेवाला है. अमरिरकाने इराकपर मिकया हुवा हमला तो उसकी र्शीुरूवात है. इराक के
बाद सबकी बारी आयेगी. हिंहदस्ु तान, पाकीस्तान, बांगलादेर्शी, नेपाल यहां से लढने के व्हिलये
जो लोग आयेंगे उन्हे जन्नत नजिसब होगी. ऐसा हादीसने कहा है. तन्वीर हमें हादीस की
मिकताबे पढने के व्हिलये देता था. हमे अब तैयार रहना चामिहये ऐसा कहता था. डॉ. तन्वीर की
नजिसयत से प्रभामिवत होकर हमे भी अब तैयार रहेना चामिहये ऐसा लगता था. मिफर डॉ. तन्वीर
ने हमे बाहर जाके ट्रेहिंनग लेनी होगी ऐसा कहा. लेकीन कुछ मिदन के बाद डॉ. तन्वीर
अकेलाही देर्शी के बाहर मिनकल गया.

कुछ मिदन के बाद डॉ. तन्वीर मुझे आके मिमला और उसने मुझे ट्रेहिंनग जाने के व्हिलये रजामंद कर
व्हिलया. उस वक्त मैने उसे मेरा पासपोट* और आठ हजार रूपये मिदये . १५-२० मिदनके बाद में
तन्वीर ने मुझे २०० अमरीकन डॉलस* , इराणी व्हि1हसा और मिटकट मिदया और कहा की पहले
इरान में तेहरान जाकर वहां की एक होटल में रूकना. वहां एक आदमी मिमलेगा जो मुझे
पाकीस्तान ट्रेहिंनग के व्हिलये ले जाएगा. बाकी बाते वहा मालूम पडेगी. वहां जादा बातचीत नहीं
करना. अहले हादीस बनकर जैसा वो लोग कहे उसीमुतामिबक रहेना ऐसा उसने कहा
४ अप्रैल २००५ को मैं रात को १२.३० बजे इरान के व्हिलये जानेवाले हवाई जहाजसे रवाना
हुआ.

मैंने इरान जाते वक्त मेरे घरवालों को मै नोकरी के इंटर1हयू के व्हिलये जा रहा हूँ ऐसा कहा था.
इसव्हिलये मेरे घरवाले मुझे हवाई अड् ड
‌ े तक छोडने आये थे .

चार घंटके बाद मैं तेहरान पहुचं ा. वहां मैने मेरे साथ लाये हुए डॉलस* रिरयाद में तफमिदल कर
व्हिलये और एक टैक्सी लेकर वहां के होटल मेहर में जाकर रूक गया. होटल मेहर का पता औ
दो फोन नंबर मुझे डॉ. तन्वीर ने मिदये थे. मैं होटल में सामान रखकर तैयार होकर बाहर गया
और टेव्हिलफोन बुथसे मिदये हुए फोन नंबर पर फोन मिकया तो उस तरफ से आजम श्चिचमा ने
फोन उठाया और उसने मुझे कहा की मेरा आदमी वहां आकर तुम्हे ले जाएगा.
उस रात १० बजे एक अब्दल्ल ु ा नाम का आजम श्चिचमा का आदमी मुझे मिमला और उसने मुझे
सुबह आने की बात की और वह चला गया. दस ु रे मिदन ६ अप्रैल २००५ की रोज सुबह १०
बजे अब्दल्ल
ु ा ने मुझे झायदान जानेवाले बसमे मिबठाया. मै उस बससे दस ु रे मिदन दोपहर २.३०
बजे झायदान पहुच ं ा. वहां एक आदमी मुझे लेने के व्हिलये हाजिजर था. उस आदमी का नाम
अब्दल
ु रहे मान था.

उसने मेरा पासपोट* मिटकट और पैसे लेकर एक घरमे ले गया. दस ु रे मिदन सुबह १० बजे
मिपकअप टैक्सीसे बॉड* र क्रॉस करने मिनकले. तकरीबन ५० मिकलो मिमटर जाने के बाद हम लोग
बॉड* र पहुच
ं े. अब्दल
ु रहेमानने वहां लगाई हुयी सेटींगसे हमने मिबना कोई रोकटोक बॉड* र क्रॉस
मिकया. उसके बाद अब्दल्ल ु ाने मुझे ऑटो रिरक्र्शीासे २ मिकलो मिमटर ले जाकर एक कमरेमे
ठहराया और वह खाना लाने मिनकल गया.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
515

र्शीाम ५ बजे हम दोनो लक्झरी बससे कोयटा जाने के व्हिलये मिनगले. दस ु रे मिदन ९ अप्रैल
२००५ की सुबह ११.०० बजे हम कोयटा पहुच ं े, वहां अब्दल
ु रहेमान मुझे एक घर के
तहखाने में छुपाया. उसी मिदन र्शीाम ६ बजे हम लक्सरी बससे बहावलपूर के व्हिलये रवाना हुए.
दसु रे मिदन १० अप्रैल २००५ की रोज दोपहर २.०० बजे हम बहावलपूर हायवे पे उतरकर
वहांके एक घरमें गये. वह घर आजम चीमा उफ* बाबाजी का है ऐसी जानकारी मुझे मिमली. उस
घर में एक कमरे में मैं सो गया. र्शीाम ६.०० बजे आजम बाबाजी वहां आया. उसने मेरी
पूछताछ की. वहां और ४-५ लोग थे. वह सब पंजाबी में बात करते थे . दस
ु रे मिदन सुबह मिफर
बाबाजी और मेरी मुलाकात हुयी.

रात ९.०० बजे अब्दल ु रहेमान और मैं मुजफराबाद के व्हिलए रवाना हुए. दोपहर १.३० बजे
मुजफराबाद पहुच ं े. वहांसे ऑटो रिरक्र्शीा पकडकर ५ मिममिनट की दरू ी पर एक पहाड के मिनचे
पहुँचे. वहा एक बडी नदी के पास बने चेकपोस्टपर अब्दल ु रहेमान ने उसकी पहेचान बताई
और बाबाजी ने मिदया हूवा खत उस पोस्टपर बताया. उस खतमें मेरा नाम अहमद व्हिलखा था.
उसके बाद हम ३ घंटे पहाड चढ़ने के बाद मास्कर (आकसा) ट्रेहिंनग सेंटर पहुच ं े. वहां मुस्ताक
नाम के आदमी को अब्दल ु रहेमानने बाबाजीका मिदया हुआ खत दे मिदया. मुस्ताकने मुझे मेरी
रहनेकी जगह बतायी. दस ु रे मिदन मेरे कमरे मे एक दाऊद नाम के आदमीने आकर मुझे
मिवस्फोटक पदाथ¨के बारेमें जानकारी दी. दाऊद पाकीस्तानी था. वह भी ट्रेहिंनग हाजिसल करने
आया था. १४ अप्रैल २००५ की रोज मेरी ट्रेहिंनग र्शीुरू हुयी.
ट्रेहिंनग के दौरान सुबह ५.०० बजे की फजर की नमाज के बाद मैं सो जाता था. मिफर सुबह
९.०० बजे उठकर सुबह १०.०० बजे कलास, दोपहर १.०० बजे जोहर की नमाज, मिफर
दोपहरका खाना और आराम, उसके बाद असर की नमाज, उसके बाद कुरान और हादीस
पढना, मिफर मगरीब की नमाज के बाद तकरीर और इर्शीा की नमाज के बाद र्शीाम का खाना
होता था. वहां इलेश्किक्ट्रकजिसटी (मिबजली) नही थी. मिकसीसे मिकसी को बात करना या मिमलना
जुलना मना था. ऐसे पांच मिदन हमें मिवस्फोटक पदाथ¨के बारेमें जानकारी दी गयी.
उसके बाद दो मिदन आराम मिदया गया. उस वक्त मु^ताकने मुझे मिवस्फोटक पदाथ¨का
इस्तेमाल कैसे करना और मिवस्फोटक पदाथ¨का इस्तेमाल भीडभरी जगहोपर करके जादा से
जादा जानमाल का नुकसान कैसे मिकया जाए इसके बारेमें जानकारी दी. उसने मुझे गुजरात में
मुसलमानों के मारे जाने की बात कही. उसपर मैने उसे कई बेकसूर बेवजह मारे जाने की बात
कहनेपर वह मुझसे खफा हो गया. उसने अगले दो मिदन ट्रेहिंनग मिदया नहीं.
इस ट्रेहिंनगके दौरान श्चितसरे मिदन एक गाडी आयी. उस पर पामिकस्तानी झंडा लगा हुवा था.
उसमेंसे दो मिमलीटरी अफसर उतरे. उनको देखकर सभी सावधान हो गये. उनको वहांके लोग
कन* ल साब और मिब्रगेडयर साब करके बुलाते थे. उन्होने मुझे और मिगने चुने ६-७ बंदोको
टाइम श्चिडवाइसका इस्तेमाल करके, ३ ममिहने तक टाइम सेटींग करके टाइमबम बनानेकी
ट्रेहिंनग दी. वह अफसर आय.एस.आय. के अश्चिधकारी थे.

यह बात मुझे बाद में बतायी गयी और मुझे यह भी कहा गया की, यह ट्रेहिंनग सेंटर
आय.एस.आय. के अंडरमे ही चलता है. उस दौरान आटोमॅमिटक फायर आम* स् चलाना,
खोलना, जोडना और फायरिंरग प्रकटीस दी गयी. मिफर मुस्ताकने एक आदमी के पास खत
देकर मुझे वहांसे भेज मिदया.

सुबह ९.०० बजे मै, दाऊद और हमारे साथ २/३ लोग ट्रेहिंनग सेंटरसे मिनकलकर ११.००
बजे मुजफराबाद पहुच ं े. वह सब लोग पाकीस्तानी थे इसव्हिलये वहांसे मिनकल गये. दाऊदने
मुझे चेकपोस्ट के पास कॅम्पमे रूकवाया.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
516

र्शीाम सात बजे वहाँ से मिमनी बससे मिनकलकर दसू रे मिदन बहावलपूर पहुँचकर मैं आजम श्चिचमा
के घर गया. र्शीाम को आजम बाबजी मुझे मिमला. उसने मेरी ट्रेहिंनग और सफर के बारेमें
पूछताछ की. मिदये हुए ट्रेहिंनग का इस्तेमला करके स्टॉक एक्सचेंज , मिफल्म इंडस्ट्री जैसी
भीडभरी जगहोपर धमाके करने को कहा.

उसके बाद अमिमन को जादा से जादा लडके ट्रेहिंनग के व्हिलये भेजने की बात कहने को कहां.
मिफर उसने मुझे एक मिवस्फोटक एक्सपट* हिंहदस्ु थानी लोगों को ट्रेहिंनग देने के व्हिलये जलद भेज
रहा हूँ ऐसा कहा. मैं अब्दल ु रहेमान के साथ उस रात वही ठहरकर दस ु रे मिदन सुबह ११.००
बजे कोयटा जाने के व्हिलये मिनकलकर दस ु रे मिदन कोयटा पहुच ं ा. वहां एक तहखानेमें ठहरकर
र्शीाम ७.०० बजे बससे मिनकलकर दस ु रे मिदन सु बह ५. ०० बजे श्चितफतान पहुच ं े. वहाँ एक
कमरेमें मुझे ठहराकर अब्दल ु रहेमान बॉड* र सेहिंटग करके मिनकल गया. दोपहर ११.०० बजे
एक आदमी ने हमे दोपहर १.३० बजे बॉड* र क्रॉस करके मिदया. इरान की सरहद में आने के
बाद अब्दल ु रहेमान ने मुझे मेरा पासपोट* , व्हि1हसा, मिटकट और पैसे दे मिदये. और वह मिनकल
गया. मैं वहा से टॅकसीसे इरान एअर ऑफीस जाकर मिटकट कनफम* मिकया. मिफर टेंकसीसे
दस ु रे मिदन तेहरान पहुच
ं कर जिसधा हवाई अड् ‌डा गया. रात हवाई अड्डेपर गुजारकर सुबह
७.०० बजे की फ्लाईट में बैठकर दोपहर १२.०० बजे मुंबई हवाई अड्डा पहुच ं ा. मेरे साथ हवाई
सफर में डोंगरीके रहनेवाले लडके थे. उसके साथ मैं उनकी सुमो गाडीसे वरली तक आया.
घर आनेके बाद घरवालों को मैने इंटर1हू के बारेमें बात करके मुझे वेटींगमे रखा है ऐसा कहा.
५-६ मिदन के बाद डॉ. तन्वीर मुझे मिमलने आया. मैने उसे धमाकोमें बेकसूर आदमी मारेजाने
की बात कहनेके बाद वहाँ के लोग खफाह होने की बात कही तो डॉ. तन्वीर ने मुझे कहाँ की
मैंने तुझे पहलेही कहा था की उन लोगोंको क्रॉस नही करना. अब ठीक है. मिफर मैंने उसे
अमिमन को जादा से जादा लडके ट्रेहिंनग को भेजनेका संदेर्शीा डॉ. तन्वीर को मिदया और एक
मिवस्फोटक एकसपट* भी वहाँ से हिंहदस्ू थान आनेकी बात बता दी. उसके बाद डॉ. तन्वीर और
मेरी मुलाकात होती रहती थी.

डॉ. तन्वीर ने फैजलसे पमिहले ही मेरी पहचान करायी दी थी. मुंबई आने के बाद मैं हमेर्शीा
फैजल से संपक* बनाये रखता था. फरवरी २००६ में फैजल के बांद्रा के घर में जलगांव के
जुनेद ने मिमटींग बुलवायी थी. उस मिमटींग में मैं खुद, जुनेद, फैजल, एहतेर्शीाम, तन्वीर,
मुज्जमील और सोहेल हम सब र्शीरीक थे. इस मिमटींग में जुनेद ने मुंबई में बम धमाका करने के
व्हिलये और कौन कौनसे टारगेट चुनने है इसके बारेमें हमसे चचा* की. उस मिमटींग में जुनेद ने
सब लोगो को टारगेट के बारेमें स1हF करनेका हुकुम मिदया. उस मिमटींग के बाद फैजल मुझे और
सोहेल को अपने साथ मुब ं ईका मुआयना करने लेके गया. मुंबई में हमने महालक्ष्मी मंदीर,
दादर का जिसध्दीमिवनायक मंदीर, कुलाबा मे वल्ड* ट्रेड सेंटर, र्शीेअर बाजार, मुंबई के बडे र्शीॉहिंपग
मॉल्स, और लोकल रेल्वे स्टेर्शीन्स घुमे. लेकीन हमने देखा की र्शीेअर बाजार, वल्ड* ट्रेड सेंटर
और मंदीरोमे जादा सुरक्षा थी. लेकीन हमने देखा की लोकल रेल्वे स्टेर्शीन पर सुरक्षा इंतजाम
इतने पक्के नहीं थे. वहां भीड भी जादा रहती थी. इसव्हिलये लोकन ट्रेन का टारगेट सही लगा.
मैं उसके बाद फैजल के संपक* में हमेर्शीा रहने लगा. उसी ममिहने में मैं खुद फैजल, एहतेर्शीाम,
तन्वीर, सोहेल और मुज्जमील एक साथ मिमलकर मुब ं ईसे मिवरार जानेवाली लोकल ट्रेन में सफर
करके वहां का जायजा लेने लगे. हमने देखा की र्शीाम को जब ऑफीस छुटते है तब जादा शिभड
होती है. तब उस लोकल ट्रेन में धमाका करना आसान रहेगा और शिभड में असानीसे घुलमिमल
जा सकता है ऐसा हमने सोचा.

उसके बाद फैजल ने मुझे बम के अंदर टाईमर श्चिडवायजिसस लगाने के बारे में पुछा. मैंने उसे
बताया की ट्रेहिंनग लेकर काफी समय हो गया है. अब मुझे उसके बारे में कुछ याद नही.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
517

१० जुलै २००६ को फैजल से जब मैं मिमला तो उसने बताया की “प्लॅन के मुतामिबक बम
तैयार मिकये गये है और ११ जुलै को लोकल रेल में धमाके होंगे . ” ऐसा कहके फैजलने हमे
अपनी जगह तैयार रहने के व्हिलये कहाँ और इमरजन्सी में तेरे लायक कुछ काम होगा तो तुम्हे
बताऊंगा ऐसा उसने कहा.

११ जुलै २००६ की रोज सुबह ८.४५ बजेसे लेकर र्शीाम ७.०० बजे तक मैं मेरे कटलरी
दक
ु ान पर काम कर रहा था. र्शीाम ७.०० बजे जुव्हिलयो नाम के बुढे ने मुझे पश्चि6म लोकल रेल मे
३ बम धमाके होने की बात बतायी. उसी रात १०.०० बजे घर जाने के बाद मैंने टी1हीपर बम
धमाकोके बारेमें समाचार देखे.

1156. After going through the complete confessional statement of
A.11, it will be revealed that the first few paras are relating to his
educational and family background, and then how he came in contact
with the people of SIMI. Then, in the middle paras, he states that how
he came in contact with A.2 – Dr. Tanveer, Khalid, A.7 – Sajid Ansari,
Salim, and Anees. Further, he states that how A.2 – Dr. Tanveer had
convinced him to go for training in Pakistan. Thereafter he mentions
how he went to Pakistan and obtained training. The highlighted
portion of the statement is the only portion which is relevant.

The True Translation Of The Highlighted Portion
“Dr. Tanveer had already introduced me to Faizal. After coming to Mumbai,
I always kept in touch with Faizal. In February 2006, Junaid of Jalgaon called
a meeting at Faizal’s house in Bandra. In that meeting, myself, Junaid, Faizal,
Ehtesham, Tanvir, Mujjamil and Sohail, all of us were present. In this
meeting, Junaid discussed with us about which other targets to choose for
bomb blasts in Mumbai. In that meeting, Junaid ordered everyone to survey
about the targets. After that meeting, Faizal took me and Sohail with him to
inspect Mumbai. In Mumbai, we visited Mahalaxmi temple, Siddhivinayak
temple in Dadar, World Trade Center in Colaba, Share Bazaar, big shopping
malls of Mumbai, and local railway stations. But we saw that there was more
security in the stock market, World Trade Center and temples. But we saw
that the security arrangements at the local railway station were not that
strong. There was a lot of crowd there. That is why the target of the local
train seemed right.

After that I kept in touch with Faisal. In the same month, Faisal, Ehtesham,
Tanvir, Sohail and Muzzammil along with me started travelling in the local
train from Mumbai to Virar to survey the place. We noticed that in the
evening when the office gets over, there is a lot of crowd. We thought that it

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
518

will be easy to carry out the blast in the local train and we can easily mingle
in the crowd.

After that Faizal asked me about installing a timer device inside the bomb. I
told him that it has been a long time since I took the training. Now I don’t
remember anything about it.

When I met Faisal on 10th July 2006, he told me that “according to the plan,
bombs have been prepared and there will be explosions in the local trains on
11th July.” After saying this, Faisal asked us to be ready at our places and said
that if there is any work suitable for you in the emergency, then I will let you
know.

On 11th July 2006, I was working at my cutlery shop from 8:45am to
7:00pm. At 7:00pm an old man named Julio told me that there had been
three bomb blasts in the Western Local train. After returning home at 10:00
pm that night, I saw the news about the bomb blasts on TV.”

Conclusion

1157. When we considered the relevant portion of the confessional
statement of A.11 relating to the bomb blasts, it is noticed that this
retracted confessional statement does not fall in the category of a ‘full
and detailed confession’, for the reasons discussed hereunder.

1158. From the above relevant portion of confessional statement, it is
evident that he does not mention anything about the bomb blasts and
prior planning of it. He only states that in the month of February 2006
he along with A.2, A.3, A.4, A.9, and A.10 traveled in the local train
from Mumbai to Virar to survey the places where the blasts could be
carried out. He has not given any detail about events from March 2006
to 9th July 2006. Thereafter, he directly states that when he met A.3 –
Faisal on 10th July 2006, A.3 told him that the bombs would be
exploded on 11th July 2006 according to the plan. He also did not
disclose the information as regards the trains they fixed as per plan to
carry out bomb blasts, there timings, and what exactly the plan was.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
519

1159. Thus, we find that many questions are not answered by A.11 to
say that the confessional statement of A.11 is complete and truthful,
and could be made the basis to convict him.

1160. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

A.12 – Naveed Khan

1161. A.12 – Naveed Khan was arrested on 30/09/2006 in Cr. No.
156/2006 in Mumbai Central Railway Police Station. He was in police
custody for 24 days before recording of his confessional statement.
According to him, his confessional statement is the outcome of torture
inflicted on him.

1162. The record shows that the last application moved by the
prosecution was on 13/10/2006 in Cr. No. 156/2006, i.e. after 19 days
of provisions of MCOCA. In the last application dated 13/10/2006 for
remand, it was the case of the prosecution that “It becomes incumbent
for investigation agency to go to the root of the matter and to nab all
the persons responsible for this crime, including persons from Pakistan
as also the local associates, members and abettors, who are involved in
the commission of this organised crime and the acts preparatory to the
commission of this offence. Investigation is in progress, still many other
aspects are to be verified, therefore, the custody of the accused persons
is required.”

1163. This shows that, till few days before the confessional statement,
it was the stand of the prosecution that thorough investigation is

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
520

required. It is to be noted that this was the status of investigation after
more than 70 days of the incident.

1164. The confessional statement of A.12 was recorded on
23/10/2006 (Part-I) and 25/10/2006 (Part-II). The prosecution could
not bring on record the reason for giving confessional statement by
A.12 after 24 days of his police custody. And, particularly when, there
was no sufficient evidence available with the prosecution.

1165. According to A.12, it was because of torture. He immediately at
the earliest opportunity after he was referred to judicial custody
retracted the statement.

Confessional Statement of A.12 – Naveed Hussain Khan
मेरा नाम नवीद रर्शीीद खान है। मेरा जन्म कुवैत में हुआ है. मेरी उम्र २६ साल है | में october
2004 से फ़्लैट नं. ४३/४५ लेक र्शीोर टॉवस* , G-3, ‘न्यू मिवद्यानगर कॉलोनी, नेरड े मेट ,
जिसकंदराबाद, राज्य आध्रप्रदेर्शी मिपन ५०००५६ यहाँ रहता हूँ. तारीख 13/08/2006 से मै
RSR sales service 404/2, A, Surekha chambers अमीर पेठ हैदराबाद, आध्रप्रदेर्शी यहाँ
पर सेल्स मॅनेजर, टीम व्हिलडर की हैजिसयत से नौकरी करता हूँ, मेरा फूफा, चाचा और चाचा के
बच्चे आध्रप्रदेर्शी, हैदराबाद में रहते है.

मेरे पापा कुवैत में एक जम* न कंपनी में पंप ऑपरेटर का काम करते थे . मै कुवेत में इंश्चिडयन
स्कूल ब्रांच मंगक में चौथी कलास तक पढ़ा हूँ हम सब साल १९९० में INDIA आये और
२१६/२१८ छत्रीवाला मॅर्शीन, ३री मंजिजल, कमरा नं २२ भेंडी बाजार बंबई ३ यहाँ पर रहते
थे. यह घर मेरे दादाजी का था. २००१ में मैने उस्मानीया, युमिनवर्जिसटी हैदराबाद से बीकॉम
तक पढाई की है.

२००१ मे पापा के कुवैत से भेजे पैसे से 1/64, Topaz अपाट* मेंट, नम* दा पॅराडाईज, मीरा
रोड, यहाँ पर घर व्हिलया. मैं यहाँ पर रहते समय अपने दोस्त इमरान से मिमलने के व्हिलये यारी
रोड जाता था. इमरान पूराना मोबाईल खरीदकर बेचने का धंदा करता था. तब इमरान ने
मीरा रोड पर रहने वाले अपने दोस्त मोहम्मद आलम के साथ मेरी पहचान करवाई थी. उसी
दौरान आलम हमारे यहाँ Badminton खेलने और बाते करने के व्हिलए अकसर आता था.
इसी वजह से मेरी और मोहम्मद आलम की नजदीकी बढ़ गयी. आलम मीरा रोड में
ESTATE AGENT का काम करता था. आलम के जरिरये मेरी पहचान फैसल र्शीेख उफ*
समीर से हुई. फैसल रंगीला मिकस्म का आदमी था और हम लोग साथ में अकसर डांस बार में
जाते थे. इस दौरारन मैने कुछ अच्छी नौकरी ढू ंढ कर सेटल होने की कोशिर्शीर्शी की. मै २००४
तक बंबई, में अलग अलग जगह में नौकरी करता था. लेमिकन मिकसी भी एक नौकरी में सेटल
नहीं हो सका, मेरी डांस बार जाने की आदत की वजह से बहुत पैसा खच* होता था. इसी व्हिलये

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
521

मेरा भाई मुझसे तंग आ गया और मेरी मेरे भाई के साथ अनबन होने लगी. उसी दौरान मेरे
भाई की र्शीादी हो गई उसी दरमिमयान मेरे पापा ने भी बंबई के भेंडी बाजार की एक औरत से
दस ू री र्शीादी कर ली. इस वजह से हमारे बीच झगडे होन लगे और में परेर्शीान रहने लगा. इस
कारण मैने मई २००४ में हैदराबाद मेरे चाचा के पास जाने का फैसला मिकया, उस मुतामिबक
मैं चाचा के पास हैदराबाद चला गया. वहां पर मैने तकरीबन डेढ़ साल अलग अलग जगह पर
नौकरी की पर मैं सेटल नहीं हो पाया. २००६ के र्शीुरूआत मै मेरा भाई और भाभी हैदराबाद
आये और मुझे बंबई आकर सेटल होने का मश्वरा मिदया और बंबई वापस चले गये. इसी दौरान
मेरे मिपताजी भी हैदराबाद आये. उन्होंने भी मुझे बंबई में ही सेटल होने के लीये कहा. इस
वजह से मै फरवरी २००६ में मोहर* म के दौरान बंबई वापस आया.
बंबई आने के बाद मै नौकरी के तलार्शी में था और मैं मीरा रोड में अपने भाई के घर पर ही
रहने लगा. मीरा रोड में मेरी मूलाकात आलम से होती रहती थी. माच* २००६ के दस ू रे या
तीसरे हप्ते में मै मीरा रोड मेरे भाई के यहाँ था. तब मुझे आलम ने फोन करके र्शीम्स मश्किस्जद के
पास बुलाया. जब मैं वहाँ पहुच ं ा तब आलम के साथ फैसल भी था, और तीन लडके और थे.
जिजनकी पहचान फैसल ने एहतेर्शीाम, आजिसफ खान उफ* जुनद ै और डॉ तनवीर ऐसे कर के दी.
कुछ समय के बाद आलम वहाँ से मिनकल गया. लेमिकन हम वही रूके रहे. उस वक्त फैसल ने
ऐहतेर्शीाम मीरा रोड में ही र्शीहादा पश्किब्लर्शीींग हाउस के जरिरए तहरीकी और जेहादी मिकताबे
छापता है और Publish करता है ऐसा बताया. हम बाते कर ही रहे थे उसी दौरान और एक
लडका वहाँ पर आया जिजसका नाम मोहम्मद अली ऐसे बताया गया. मो. अली को मै वहाँ पर
पहली बार मिमला. वह फैजल का दोस्त था. और जिसमी का काम करता है. ऐसे मुझे मालूम
पड़ा. और वह गोवंडी में रहता है. बातों में मूझे पता चला की फैसल, डॉ. तन्वीर और मो.
अली ये तीनों पामिकस्तान जाकर जिजहादी तरमिबयत हाजिसल कर के आये है हम लोंगो ने र्शीम्स
मश्किस्जद की ओर बैठकर बातचीत की. बातचीत के दौरान मुझे पता चला की फैजल का
ल^कर ए तोयबा के Commander आजम चीमा से DIRECT CONTACT है और फैजल
र्शीेख ल^कर ए तोयबा का WESTERN INDIA का जिजम्मेदार है. उनकी बाते सुनकर मेरी
सोच भी जिजहादी मिकस्म की हो गई और मुझमें भी मुसलमान भाईयों के व्हिलये कुछ करने की
तमन्ना जागी. ये जानकर फैसल ने कहा मिक जल्दी ही कोई बड़ी वारदात की तैयारी में हम
लोग है. और मुझे भी कुछ काम मिदया जायेगा ऐसा कहकर मुझे Contact मे रहने को कहा.
अप्रैल २००६ के पहले हफ्ते में मैं और फैसल लकी होटल के पास बांद्रा में खड़े थे तब
ऐहतेर्शीाम और मो. अली को भी फैसल ने बुलाया था. कुछ ही देर में वह दोंनो वहाँ पर आये.
हम लोगो ने पास ही की एक टपरी पर चाय पी और चलते चलते हम बांद्रा के तालाब के पास
पहुचं े और वहाँ पर बैठे. कुछ देर बातचीत करने के बाद हम फैसल के बांद्रा वाले घर पर गये
वहाँ पर पहले से ही दो लडके हाजिजर थे. उनका नाम जमीर और सोहेल महमूद र्शीेख ऐसे
उन्होंने बताया. उनमें से सोहेल महमुद र्शीेख पूना का रहने वाला था. हम लोंगो ने फैसल के
घर देर तक बाते की तब फैसल ने बताया की गुजरात में हुए दंगे फसाद में मुसलमानों के जान
माल का बहुत नुकसान हुआ है और इसी वजह से बंबई में गुजराती लोंगो को TARGET
करना है और उसके व्हिलये बंबई के लोकल ट्रेन के FIRST CLASS के डब्बे में धमाके करना
ठीक रहेगा. ऐसा फैसल ने कहा. क्योंकी FIRST CLASS श्चिडब्बे में ज्यादातर गुजराती लोग
ही सफर करते है. WESTERN LINE पर र्शीाम के वक्त धमाका करना ठीक होगा क्योंकी
उस वक्त लोकल ट्रैन का हर श्चिडब्बा खचाखच भरा हुआ रहता है. ये सारी बाते फैसल ने
पामिकस्तान के आजम चीमा को बताकर FINAL कर ली है. फैसल ने हमे यह भी बताया की
आजम चीमा बम धमाकों की वारदात को अंजाम देने के व्हिलये कुछ EXPERT पामिकस्तानी
बंदो को INDIA भेजने वाला है. और मुझे भी उस वक्त कुछ जिजम्मेदारी दी जायेगी और

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
522

उसको मिदलो जान से मिनभाना है ऐसा फैसल ने कहा. बम बनाने का काम मोहम्मद अली के
गोवंडी वाले घर में बनाने का तय हुआ.

अप्रैल २००६ के LAST WEEK में र्शीनीचर के रात ०८.३० बजे के दरमिमयान ऐहतेर्शीाम,
डॉ. तन्वीर फैसल और मै, मोहम्मद अली के घर पर गये, एहतेर्शीाम हमे मो. अली के घर लेकर
गया क्योंकी वह उसका घर जानता था. हम लोंगों ने मो. अली के घर का चारों और घूमकर
जायजा व्हिलया. १९ या २० जून २००६ को मै और मो. आलम फैसल के घर बांद्रा गये वहाँ
पर थोडी देर बातें करने के बाद फैसल के घर से बाहर घूमने के व्हिलय गये कुछ देर हमने
समुंदर मिकनारे बैठकर बातें की वहा पर फैसल ने मुझसे सायन के DISCOVERY
ORCHESTRA बार के बारे में बाते की, इसके बाद फैसल के कहने पर रात ९.३० बजे के
दरमिमयान हम सायन के DISCOVERY ORCHESTRA बार में पहुच ं े वहाँ मैने और
आलम ने एक एक मिबयर मिपया और फैसल ने ठंडा मिपया उसके बाद रात एक बजे के दरमिमयान
मैं मीरा रोड में मेरे घर पहुच
ं ा.

जून २००६ के तीसरे हफ्ते मुझे आलम ने र्शीाम ६.०० बजे के दरमिमयान बांद्रा में बुलाया.
उसके बाद फैजल, मै और मो. आलम DISCOVERY बार में गये. वहा र्शीराब मिपकर रात के
१:३० बजे के दरमिमयान फैसल के घर वापस आये. तब मैने कुछ पामिकस्तानी बंदोंको वहाँ पर
देखा. देर होने की वजह से हम वही पर सो गये . २७ जून को भी हम घुमे मिफरे और बाद में
र्शीराब मिपये और देर रात तक लड़मिकया ENJOY की. उसके बाद हम फैŠल के घर आये
और वही पर रूके. उस वक्त भी मैंने कुछ पामिकस्तानी बंदो को वहाँ देखा.
दस ु रे मिदन फैसल ने मुझे बताया की अभी उसका घर छोटा पड रहा है. बार बार अपने
लोगोंका आना जाना बढ़ गया है. इस वजह से Building वालों को Doubt आ सकता है.
इस कारण उसके घर में ठहरे हुए कुछ पामिकस्तानी बंदोको दस ु री जगहपर Shift करना
जरूरी है. इसव्हिलए फैसलने उनमेसे कुछ पामिकस्तानी बंदो के रहने का इतजाम आजिसफ खान
उफ* जुनद ै के जरिरये मिमल्लत नगर में मिकया है. उसके अगले मिदन मुझे फैसल ने मिमल्लत नगर मे
चलने को कहा. जाते वकत रास्ते में फैसल ने बताया की उसके घर में आये हुये तमाम
पामिकस्तानी बंदों को मिमलने जाना है. थोडी देर बाद हम मिमल्लत नगर पहुँचे . मुझे फैसल ने कार
बाहर ही पाक* करने को कहा. वहा से फैसल अकेला ही मिमल्लत नगर COLONY के अंदर
गया. उस वकत मैने कार वहाँपर नजदीक ही एक CHINESE STALL के पास पाक* करके
मैं बाहर खड़ा रहा. कुछ देर बाद फैसल वापस आया और वहाँ से हम दोनो बांद्रा आये .
३०/०६/२००६ को र्शीाम ५:३० बजे के दरमिमयान फैसल मुझे मिमरा रोड, नरेंद्र पाक* में
मिमला. वहा फैसल ने मेरी पहचान साजीद अन्सारी से करवाई. साजीद मिमरा रोड में ही रहता
है और वह मोबाईल रिरपेअरींग, Electronic Remote दरू
ु स्ती का काम करता है.

7 जुलै २००६ को र्शीाम के वक्त मै फैसल के बांद्रा वाले घर में पहुच
ं ा. १०-१५ मिमनीट बाद
फैसल की गाडी लेकर हम दोनो काट* र रोड समुंदर मिकनारे, र्शीाम ६:३० बजे गये. वहाँ पर
पहले ही एहेतेर्शीाम, डॉ. तन्वीर और जमिमर और एक आदमी ऐसे लोग खड़े थे . उस आदमी
को मैने पहली बार देखा. फैसल ने उसकी पहचान मिबहार का कमाल अन्सारी ऐसे करके दी.
हम सब ने वहाँ पर BOMB BLAST के साजीर्शी के बारे में बाते की. उसके बाद रात को
१०:०० बजे के दरमिमयान मै ट्रेन से मेरे घर मीरा रोड चला गया.
8 जुलै २००६ को सुबह मै नींद से उठा. उसके बाद फैसल ने मुझे उसके बांद्रा वाले घर
बुलाया. मैं दोपहर एक बजे के दरमिमयान वहाँ पर पहुच
ं ा. वहाँ पहले से ही मीरा रोड का साजीद
अन्सारी और दो पामिकस्तानी बंदे हाजीर थे. फैसल के कहे मुताबीक हम लोग मोहम्मद अली
के गोवंडी वाले घर जाने की व्हिलये मिनकले. उस वक्त मैं कार चला रहा था. हम जिजस वक्त
गोवंडी पहुँचे तब मो. अली के घर पे डॉ. तन्वीर और एहतेर्शीाम हाजीर थे. वहाँ पर मो. अली

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
523

भी हमे मिमला. तय मिकये मुताबीक साजीद अन्सारी और दो पामिकस्तानी बंदे मो. अली के घर
गये. उसमें से एक का नाम सोहेल र्शीेख ऐसा बताया. ये सोहेल र्शीेख असल में पुना का
रहनेवाला है. लेमिकन मिपछले दो साल से पामिकस्तान में रहता है. उसने पामिकस्तान में ही
जिजहादी और हशिथयारों की तरबीयत हासील की है. और वह बम बनाने में एक्सपट* है. उसके
बाद मैं और फैसल उसके घर बांद्रा गये . उस मिदन मै, फैसल के घर ही रूका. उस रात फैसल,
मै और कुछ पामिकस्तानी बंदे देर रात तक जिजहाद और तहरीक के बारे में बाते करते रहे.
९ जुलै २००६ को दोपहर दो बजे हम हिंनद से जागे. उठने के बाद चाय नास्ता करते वक्त
मिफर हमने लोकल ट्रेन में बम धमाके के बारे में चचा* हुई. उस वक्त फैसल ने मुझे मेरी
जिजम्मेदारी के बारे में खुलकर बताया की १० जुलै २००६ को बम तयार होने के बाद
बमवाली बैग को सावधानी से गोवंडी से लाकर उसके बांद्रा वाले धर में रखना है और ११
जुलै को दोपहर को ३:३० से ४:०० बजे के दरमिमयान मुझे एक बम वाली बैग दी जायेगी और
मेरे साथ एक पामिकस्तानी बंदा होगा. जिजसका नाम अबु उमेद उफ* अबु ओसामा ऐसे बताया
गया. फैसल ने आगे कहा की मुझे पामिकस्तानी बंदे के साथ टॅक्सी से चच* गेट स्टेर्शीन जाना है
और बम वाली बैग लेकर दो नंबर प्लॅटफॉम* से र्शीाम पौने छे बजे के दरमिमयान छुठनी वाली
बोरीवली स्लो ट्रेन के फस्ट* क्लासवाली बोगी में बमवाली बैग रखने की जिजम्मेदारी मुझे दी गयी.
फैसल ने मुझे ऐसे भी बताया की जो बंदे लोकल ट्रेनो में बम रखने के व्हिलये जा रहे है उन्होने
अपने मोबाईल साथ मे रखना जोखीम भरा होगा इसव्हिलये कोई भी र्शीख्स अपने साथ
मोबाईल नही रखेगा ऐसा तय हुआ. उसी वजह से फैसल ने मुझे ११ जुलै को दोपहर ३:३०
बजे बांद्रा के लकी होटले के जिसग्नल के पास साजीद अन्सारी खडा होगा उसको मुझे अपना
मोबाईल फोन देने के व्हिलये कहा. वही मोबाईल फोन रात में मीरा रोड आकर साजीद से
वापीस लेने के व्हिलये फैसल ने मुझे कहा.

१० जुलै २००६ को तय मिकये मुताबीक मैं और फैसल रात के वक्त कार से मोहमद अली के
घर गये. तब तक बम बनाने का काम पुरा हो चुका था. प्लान के मुताबीक सातो बम वाली बैग
फैसल के घर पहुँचाना था. उसमे से चार बमवाली बैग हमने फैसल के कार में रखी. बाकी
तीन बम वाली बॅगो को मो. अली ने एक टॅक्सी करके उसमे रखी. टॅक्सी में मो. अली के साथ
पामिकस्तानी बंदा सोहेल र्शीेख और दस ु रा एक पामिकस्तानी बंदा ये लोग भी बैठे और टॅक्सी से
बांद्रा जाने के व्हिलये मिनकले. मैं और फैसल चार बमवाली बँगों के साथ फैसल के कार से बांद्रा
के व्हिलये मिनकले, कार और टॅक्सी से हम लोग फैसल के मिबल्डींग के पास पहुँचे. मो. अली ने
टॅक्सी से तीन बमवाली बॅगों को बाहर मिनकाला और टॅक्सी छोड दी, तब तक फैसल के घर
से और दो पामिकस्तानी बंदे जीना उतरे. हम सबने मिमलकर वह सातो बम वाली बैगो को
फैसल के घर में रखवा मिदया. उस वक्त फैसल के ध्यान में एक बात आयी और उसने मुझे
बताया की उसकी मारूती कार अब उसके घर के पास रखना रिरस्की हो जायेगा. इसव्हिलये
उसने मुझे वह मारूती कार उसके दोस्त रिरझवान खान के अल हामिफज कम्पाउं ड, मिमल्लत
नगर यहा पर पाक* करके चाबी रिरझवान के पास देने के व्हिलये कहा. उस मुताबीक मैने फैसल
की कार रिरझवान के यहा पाक* करके लॉक की और चाबी रिरझवान को दे दी.
११ जुलाई २००६ को दोपहर तक मै नौकरी के वास्ते ऑफीस में गया. उसके बाद ३:३०
बजे के दरमिमयान बांद्रा फैसल के घर ट्रेन से जा रहा था तभी मुझे फैसल का फोन आया और
उसने मुझे जलदी बांद्रा पहुच ं ने के व्हिलये कहा. उसने मुझे याद मिदलाया की मुझे साजिजद को
लकी होटल के पास मेरा मोबाईल देना है. मैं बांद्रा स्टेर्शीन उतरकर रिरक्षा से फैसल के घर के
व्हिलये मिनकला. बीच में लकी होटल के पास फैसल के मिह मुतामिबक मैंने अपना फोन साजिजद को
दे मिदया. मै सवा चार के दरमिमयान फैसल के घर पहुच ं ा. तय मिकये हुए मुतामिबक मुझे बम वाली
बैग फैसल ने दी और अबू उमेद के साथ चच* गेट स्टेर्शीन जाने के व्हिलये कहा. उसके बाद मैंने
बम वाली बैग लेकर अबू उमेद के साथ नीचे उतरकर मिबल्डींग से थोड़ी दरू पर गन्ने के जूस की

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
524

दक ु ान के पास एक टॅक्सी खडी देखी. उस टॅक्सी में हम दोंनो बैठे. बम वाली बैग मैंने मेरे
बगल में ही सीट पर रखी थी. वह टॅक्सी मामिहम, वल , हाजी अली, ताडदेव, नानाचौक,
अमिपरा हाउस, मरीन लाईस, चन रोड, होकर ^याम ५.३० के दरमिमयान चच* गेट पहुच ं ी.
टॅक्सी वाले को मैंने १३० रू भाडा मिदया और टॅक्सी छोड दी. बाद में हमने रस्ता क्रॉस करके
चच* गेट स्टेर्शीन जाकर २ फस्ट क्लास के मिटकट मिनकाले और प्लॅटफॉम* नं. २ पर बोरिरवली
स्लो लोकल के फस्ट क्लास के डब्बे मे चढे उस वक्त श्चिडब्बे में थोडे ही लोग हमारे साथ चढे ,
इसव्हिलये हमें बैठने को जगह मिमली. बैठने से पहले मैंने बम वाली बैग लगेज कॅरिरयर पर रखी.
जैसे जैसे ट्रेन आगे चली वैसे वैसे श्चिडब्बे में काफी भीड हो गई. प्लॅन के मुतामिबक हम दोनो
दादर स्टेर्शीन उतर गये. स्टेर्शीन के बाहर आने के बाद हम दोनों टॅक्सी से मीरा रोड के व्हिलये
मिनकले. जाते समय अबू उमेद को मैंने फैसल के बांद्रा वाले घर के पास छोडकर मै आगे मीरा
रोड चला गया. मीरा रोड पहुच ं ने के पहले ही मुझे बाहर के माहौल से लोकल ट्रेनों में बम
धमाके हुआ है ऐसा मालूम पड़ा, मीरा रोड पहुच ं ने के बाद साजिजद अंसारी से मैंने मेरा
मोबाईल कलेक्ट मिकया. उस वक्त साजिजद को भी बम धमाके की खबर मिमल चूकी थी. वहाँ से
मै मेरे घर गया. उसी रात को मुझे फैसल का मेरे मोबाईल पर फोन आया और मुझे पुव्हिलस से
बचने के व्हिलये एहश्चितयात बरतने की मिहदायत दी और माहोल ठंडा होने के बाद बंबई से बाहर
जाने के व्हिलये कहा. 8-10 मिदन तक मैं घर में ही था और२२ जुलाई को मै बस से हैद्रराबाद
चला गया. २९ जिसतंबर २००६ को बंबई और हैदराबाद की पुव्हिलस मेरे घर आयी और मुझे
मिहरासत में लेकर तारीख ३० जिसतंबर २००६ को बंबई लाकर मुझे बॉम्ब ब्लास्ट के केस में
अरेस्ट मिकया.

पुव्हिलस ने मुझे अरेस्ट करने के बाद मेरी पूछताछ के दौरान २२ अक्तूबर २००६ को मैंने खुद
हो के फैसल की कार जिजसमें बम वाली ७ बॅग गोवंडी से बांद्रा लाई थी यह कार मैंने जहाँ रखी
थी वह जगह मैं मिदखाता हूँ ऐसा पुव्हिलस को दो गवाहों के सामने बताया था. मैं पुव्हिलस और
गवाहों को अल हामिफज कम्पाउं ड, मिमल्लत नगर अंधेरी वेस्ट यहाँ पर लेकर गया और वहाँ
White Maruti-800 Car No. MH-01-V-9568 मैने पुव्हिलस और गवाहों पंचो को मिदखाई.
उसके बाद मैने पुव्हिलस को रिरजवान का घर मिदखाया. रिरजवान घर पे ही था. मैंने रिरजवान से
फैसल के कार की चाबी ली और हम लोग नीचे आ गये. उस वक्त रिरजवान भी हमारे साथ
नीचे आया. पुव्हिलस ने पंचों के सामने कार का मुआयजा मिकया और कार के अंदर गौर से
cheking कर के अलग अलग जगह से कपास की मदद से चार पाच sample पंचनामा कर के
कार के साथ पुव्हिलस ने जप्त मिकया.”

1166. After going through the complete confessional statement of
A.12, it will be revealed that the first few paras are relating to his job,
educational and family background, and then how he came in contact
with the people of SIMI. Then he states that how he came in contact
with PW-59 – Mohd. Alam and A.3 – Faisal. Further he states that he
used to go to dance bar with A.3. The highlighted portion of the
statement is relevant, the translation of the same is as under: –

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
525

The True Translation Of The Highlighted Portion
“On 7th July 2006, I reached Faisal’s house in Bandra in the evening. After
10-15 minutes, we both took Faisal’s car and went to Carter Road sea shore at
6:30 pm. Ehtesham, Dr. Tanveer and Zameer and a man were already
standing there. I saw that man for the first time. Faisal introduced him as
Kamal Ansari from Bihar. We all talked about the bomb blast conspiracy
there. After that, at around 10:00 pm, I went to my house in Mira Road by
train.

I woke up in the morning on 8th July 2006. After that Faisal called me to his
house in Bandra. I reached there around 1 pm. Sajeed Ansari of Mira Road
and two Pakistani men were already present there. As per Faisal’s
instructions, we left for Mohammad Ali’s house in Govandi. I was driving
the car at that time. When we reached Govandi, Dr. Tanveer and Ehtesham
were present at Mohammad Ali’s house. Mohammad Ali also met us there.
As per the arrangement, Sajeed Ansari and two Pakistani men went to
Mohammad Ali’s house. One of them was named Sohail Sheikh. This Sohail
Sheikh is actually a resident of Pune. But he has been living in Pakistan for
the last two years. He has received training in Jihadi and weapons in
Pakistan. And he is an expert in making bombs. After that Faisal and I went
to his house in Bandra. That day I stayed at Faisal’s house. That night Faisal,
I and some Pakistani people kept talking about Jihad and Tehreek till late
night. On 9th July 2006, at 2 in the afternoon, we woke up and while having
tea and breakfast, we again discussed about the bomb blast in the local train.
At that time, Faisal told me openly about my responsibility that after the
bomb is ready on 10th July 2006, the bomb bag has to be brought carefully
from Govandi and kept in his Bandra house and on 11th July, between 3:30
and 4:00 in the afternoon, I will be given a bomb bag and I will be
accompanied by a Pakistani man. His name was told to be Abu Umaid alias
Abu Osama. Faisal further said that I have to go to Churchgate station by taxi
with the Pakistani man and I was given the responsibility of placing the
bomb bag in the first class coach of Borivali slow train leaving from platform
number 2 at around 5:45 pm. Faisal also told me that those who are going to
plant bombs in local trains, it will be risky for them to carry their mobile
phones with them, so it was decided that no one will carry mobile phones
with them. For this reason, Faisal asked me to give my mobile phone to
Sajeed Ansari who will be standing near the signal of Lucky Hotel in Bandra
on 11th July at 3:30 pm. Faisal asked me to come to Mira Road at night and
get the same mobile phone back from Sajeed.

On 10th July 2006, as per the plan, Faisal and I went to Mohammad Ali’s
house in a car at night. By then the work of making bombs had been
completed. According to the plan, all the seven bomb bags were to be
delivered to Faisal’s house. We kept four bomb bags in Faisal’s car.
Mohammad Ali arranged a taxi and kept the remaining three bomb bags in
it. Mohammad Ali was accompanied by Pakistani man Sohail Sheikh and
another Pakistani man. They also left for Bandra in a taxi. I and Faisal left for
Bandra in Faisal’s car with four bomb bags. We reached near Faisal’s building

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
526

in a car and taxi. Mohammad Ali took out three bomb bags from the taxi and
left the taxi. By then, two more Pakistani men got down from Faisal’s house
by taking staircase. All of us together kept all the seven bombs in Faisal’s
house. At that time Faisal remembered something and told me that it would
be risky to keep his Maruti car near his house now. So he asked me to park
that Maruti car at his friend Rizwan Khot’s Al Hafiz Compound, Millat
Nagar and hand the keys over to Rizwan. Accordingly, I parked Faisal’s car at
Rizwan’s place, locked it and gave the keys to Rizwan.
On 11th July 2006, I went to the office for work till noon. After that, I was
going to Faisal’s house in Bandra by train at around 3:30 pm when I got a
call from Faisal and he asked me to reach Bandra quickly. He reminded me
that I have to give my mobile to Sajid near Lucky Hotel. I got down at
Bandra station and left for Faisal’s house by rickshaw. In between, near Lucky
Hotel, as per Faisal’s instructions, I gave my phone to Sajid. I reached Faisal’s
house at around 4:15pm. As decided, Faisal gave me the bag containing the
bomb and asked me to go to Churchgate station with Abu Umed. After that,
I got down with Abu Umed carrying the bag containing the bomb and saw a
taxi standing near a sugarcane juice shop a little distance from the building.
We both sat in that taxi. I kept the bag containing the bomb on the seat next
to me. The taxi passed through Mahim, Worli, Haji Ali, Tardeo, Nanachok,
Opera House, Marine Lines, Charni Road and reached Churchgate around
5.30 pm. I paid the taxi driver Rs. 130 as fare and left the taxi. Later, we
crossed the road, went to Churchgate station and bought two first class
tickets and boarded the first class coach of Borivali slow local on platform no.

2. At that time, very few people boarded the coach with us, so we got a place
to sit. Before sitting, I kept the bag containing the bomb on the luggage
carrier. As the train moved ahead, the coach became very crowded. As per the
plan, we both got down at Dadar station. After coming out of the station, we
both left for Mira Road by taxi. While going, I left Abu Umed near Faisal’s
house in Bandra and went ahead to Mira Road. Even before reaching Mira
Road, I came to know from the outside environment that there have been
bomb blasts in local trains. After reaching Mira Road, I collected my mobile
from Sajid Ansari. At that time, Sajid had also received the news of the bomb
blast. From there, I went to my house. That very night, I got a call from
Faisal on my mobile and he instructed me to take precautions to avoid the
police and asked me to leave Mumbai after the situation cools down. I was at
home for 8-10 days and on 22 July, I went to Hyderabad by bus. On 29
September 2006, the police of Mumbai and Hyderabad came to my house
and took me into custody and brought me to Mumbai on 30 September
2006 and arrested me in the bomb blast case.”

Conclusion
1167. The law says that if a full and detailed confession is made in
circumstances which make it unlikely that it was a result of coercion or

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
527

inducement, the fact that it is subsequently retracted may mean little or
nothing (Emperor vs. Krishna Bababji Chavan (supra)).

1168. In light of the above referred well settled law position, when we
considered the relevant portion of the confessional statement of A.12
relating to the bomb blasts, we found that this retracted confessional
statement does not fall in the category of a ‘full and detailed
confession’, for the reasons discussed hereunder.

1169. It is evident that A.12, at many places, stated that he participated
in the discussion of planning of carrying out bomb blasts. But, at no
place he gave any details of such plans or discussions.

1170. A.12 states that A.3 – Faisal asked him not to park maruti car
near his house as it is risky and take it to Al Hafeez compound, Millat
Nagar, near Rizwan Khot’s house and park there and give keys to
Rizwan. What was the risk in keeping the vehicle near the house of A.3
is not stated and made clear in the statement.

1171. According to A.1, he left from Bihar on 9 th July and reached
Mumbai on 11th July in morning. Whereas, according to A.12, he met
A.1 on 07th July 2006 in the evening.

1172. The above discussion creates a doubt about the truthfulness of
A.12’s confessional statement.

1173. In these circumstances, the truthfulness of this statement is
under the cloud of doubt.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
528

Final Conclusion of All The Confessions

1174. We have discussed all the confessional statements in detail, and
found that important information is missing in every individual
statement which makes them incomplete.

1175. There are some common aspects. If we see each of the
confessional statements, it can be realised that the earlier part of the
confessional statement, i.e., the portion barring the relevant portion in
bold, the narration is in detail and the information is provided in
depth. Whereas, when it comes to the narration in relation to the bomb
blasts, the information given by each of the accused is not only vague
but also does not throw much light on the aspects, as regards which, the
prosecution also could not find out any evidence. The crucial aspects
like
(1) in what containers the bombs were packed,
(2) how were the bombs detonated,
(3) what was the device used to trigger the bombs,
(4) how the device got accurately activated, and most importantly,
(5) who planted the bombs that exploded at Mahim and Bandra
stations.

1176. These essential elements of the offence, about which only the
perpetrators could possess the knowledge, are missing which creates
doubt about the genuineness of the confessional statements or the
truthfulness of the same. Furthermore, it can also be said that in
absence of the essential information, none of the statements is complete
in providing the necessary information about how the planning was

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
529

made, from where such material was procured, from whom the accused
received the information of the required material, etc. and how the
accused collected that material.

1177. It is a settled law that the use of word ‘appears’ in Section 24 of
the Indian Evidence Act indicates a lesser degree of probability than
would be necessary if ‘proof’ had been required. Therefore, section 24
provides that a confession made by an accused person is irrelevant in a
criminal proceeding if the making of the confession appears to the
Court to have been caused by any inducement, threat, or promise. Such
inducement, threat or promise need not be proved to the hilt. Thus, the
above referred discussion makes all the confessional statements
inadmissible and irrelevant and cannot be relied upon.

Similarity In Confessional Statements, As If They Are Copied

1178. There is yet another reason, in fact, which shocked our
conscience. Upon examining the relevant portion related to bomb
blasts of each of the confessional statements, we were surprised to find
that certain portions of these statements are identical and appear to
have been copied.

1179. It is beyond the realm of reasonable imagination that the
sequence of names mentioned in two separate confessional statements
would be exactly the same. While it is possible that the names of co-
accused individuals may appear in multiple confessions, the precise
order in which these names are listed should naturally vary from one
statement to another.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
530

1180. Likewise, the use of identical language and expressions,
particularly when describing specific incidents, by different individuals,
recorded at different times, is highly improbable. Yet, in the present
case, such anomalies are evident, as illustrated in the comparative charts
provided below.


                                              CHART NO. 43

    Confession of                  Confession of                Confession of                 Confession of
        A.2                            A.9                         A.10                          A.11

                                 इस साल फरवरी
  फरवरी २००६ में                                              उसके बाद फैजल के            फरवरी २००६ में
                                 २००५ में जलगाव के
  फैझल ने मुझे फैझल                                           घर में जलगाव के             फैजल के बांद्रा के घर
                                 आजिसफ खान उफ*
  के घर पर बुलाया था.                                         जुनेद ने मिमटींग            में जलगांव के जुनेद ने
                                 जुनेद के बुलाने पर
  मै फैझल के बांद्रा                                          बुलवायी. उस मीहिंटग         मिमटींग बुलवायी थी.
                                 फैजल के बांद्रा के घर
  वाले घर पर गया.                                             में मैं हामिŠर था. उस       उस मिमटींग में मैं खुद,
                                 मिमटींग हुई। उस मिमटींग
  वहापर जुनद  ै , फैझल,                                       मिमटींग में जुनेद,          जुनेद,         फैजल,
                                 में गया था। मिमटींग में
  एहतेर्शीाम, मुजम्मील,                                       फैजल,         एहतेर्शीाम,   एहतेर्शीाम,    तन्वीर,
                                 जुनेद,           फैजल,
  सोहेल, जमीर हाजीर                                           तन्वीर, मुज्जमील और         मुज्जमील और सोहेल
                                 एहतेर्शीाम डॉ. तन्वीर,
  थे.                                                         जमीर भी हाजिजर थे.          हम सब र्शीरीफ थे.
                                 सुहेल वगेरे हाजिजर थे।

                                              CHART NO. 44

     Confession of                                                 Confession of               Confession of
                                  Confession of A.4
         A.3                                                          A.10                        A.11

  हम लोग World                    फैजल ने बताया था की           मुंबई में हमने वल्ड* ट्रेंड
  trade Center, स्टॉक             वल्ड* ट्रेड सेंटर, स्टॉक      सेंटर,            स्टॉक
  एक्सचेंज, महालक्ष्मी            एक्सेज,        महालक्ष्मी     एक्सचेंज, महालक्ष्मी
  मंमिदर, जिसदधीमिवनायक           मंदीर, जिसध्दी मिवनायक        मंमिदर, जिसध्दीमिवनायक
  मंमिदर, कुछ बड़े र्शीॉपींग       मंदीर, कुछ बड़े मॉल्स,         मंमिदर, कुछ बडे र्शीॉहिंपग
  मॉल, लोकल रेल्वे                लोकल रेल्वे स्टेर्शीन         मॉल, और लोकल
  स्टेर्शीन में घुमे. तब मैंने    इत्यादी टारगेट का             रेल्वे स्टेर्शीन घूमे,
  पाया         के,     स्टॉक      जायजा लेने के व्हिलए          लेमिकन हमने पाया की           लेकीन हमने देखा
  एक्सचेंज,           World       कहा था। फैजल, जमीर            स्टॉक एक्सचेंज, वल्ड*         की र्शीेअर बाजार,
  trade Center, और                और सोहेल ये लोगो ने           ट्रेड सेंटर और मंमिदरो        वल्ड* ट्रेड सेंटर
  मंमिदर में सुरक्षा के           बम्बई का दौरा करने के         में सुरक्षा के इंतजाम         और मंदीरोमे जादा
  इंतजाम सख्त थे.                 बाद यह पाया की, रेल्वे        सख्त थे. लेमिकन               सुरक्षा थी. लेकीन
  लेमिकन लोकल ट्रेन का            ट्रेन्स टारगेट करना           लोकल                रेल्वे    हमने देखा की
  टागFट मुझे सही लगा.             आसान है। क्यो की              स्टेर्शीनपर       सुरक्षा     लोकल          रेल्वे
  क्यों मिक वहाँ सुरक्षा के       बाकी जगह सुरक्षा के           इंतजाम इतने खास               स्टेर्शीन पर सुरक्षा
  इंतजाम इतने पक्के नहीं          इंतजाम अच्छे थे।              नही थे. रेल्वे स्टेर्शीन      इंतजाम इतने पक्के
  थे. और सभी रेल्वे                                             हमेर्शीा भीड से भरे           नहीं थे. वहां भीड
  स्टेर्शीन भीड से भरे                                          रहते है और वहाँ               भी जादा रहती थी.
  होते है.                                                      धमाके        के      बाद      इसव्हिलये लोकन ट्रेन




::: Uploaded on - 21/07/2025                                                    ::: Downloaded on - 21/07/2025 22:30:32 :::
                                      531

                                                       जानोमाल का ज्यादा
                                                       नुकसान           होगा.
                                                                              का टारगेट सही
                                                       इसव्हिलए लोकल ट्रेन
                                                                              लगा.
                                                       ही सही टारगेट होगा
                                                       ऐसे श्चिडसाईड हुआ.

                                                                                  उसी ममिहने में मैंखद
                                                                                                     ु
                                                       उसी ममिहने में मै खुद,
                           उसके बाद मैने, फैजल,                                   फैजल,     एहतेर्शीाम,
  मैंने एहतेर्शीाम, तनवीर,                             फैजल,        एहतेर्शीाम,
                           तन्वीर, जमीर, मुझम्मील                                 तन्वीर, सोहेल और
  जमीर, मुजश्किम्मल और                                 तन्वीर, जमीर और
                           और सोहेल के साथ मे                                     मुज्जमील एक साथ
  सोहेल के साथ बांम्बे से                              मुजश्किम्मल एक साथ
                           चच* गेट     से   मिवरार                                मिमलकर        मुंबईसे
  मिवरार जाने वाली लोकल                                मिमलकर मुंबई से मिवरार
                           जानेवाली लोकल ट्रेनो में                               मिवरार    जानेवाली
  ट्रेनों का सफर कर के                                 जानेवाली लोकल ट्रेन में
                           सफर करके जायजा                                         लोकल ट्रेन में सफर
  वहाँ का जायजा व्हिलया.                               सफर करके वहाँ का
                           व्हिलया था.                                            करके     वहां     का
                                                       जायजा लेने लगे.
                                                                                  जायजा लेने लगे.

  मई २००६ में ही            मई २००६ मे आझम
  आजम चीमा ने कुछ           चीमा          ने   कुछ
  पामिकस्तानी बंदो को       पामिकस्तानी बंदो को
  हिंहदस्ु तान शिभजवाया.    हिंहन्दस्ु तान शिभजवाया
  उनमे से मिबहार के         था। उनमे से मिबहार
  कमाल ने नेपाल             के कमाल अहमद
  बाड* र के रास्ते से दो    मोहमद             वकील
  लोगों को लाया.            अन्सारी ने नेपाळ
  उनका नाम असलम             बॉड* र के रास्ते दो
  और हामिफज उल्ला           लोगो को लाया था।
  बताये गये, माजिजद ने      उनके नाम अस्लम
  बाग्लादेर्शी के ढाका      और हाफीज उल्ला             वहा पर कुछ देर के
  बॉड* र        से      ६   पैसे बताये गये। मुझे       बाद      कल्लु    छे
  पामिकस्तानी बंदो को       फैजल ने बताया था           पामिकस्तानी बंदो को
  लाया उनके नाम             की                कमाल     लेकर आया। उसने
  साबीर, अबु बकर,           पामिकस्तानसे लष्कर         नाम मुझे साबीर,
  कासम               आली,   ए तोयबा के ट्रेहिंनग       अबुबकर,        कासम
  अम्मुजान, अबु हसन         कॅम्पसे ट्रेहिंनग करके     अली,      अम्मुजान,
  और          एहसानउल्ला    आया है। फैजल से            अबु हसन और
  ऐसे बताये गये. आते        मुझे यह पता चला            एहसान उल्ला ऐसे
  वक्त एहसानउल्ला ने        की माजीद ने बांगला         बताये गये.
  अपने साथ १५               देर्शी के ढाका बॉड* र से
  मिकलो RDX लाया            ६ पामिकस्तानी बंदो
  था. हिंहदस्ू तान के       को लाया था। उनके
  हैद्राबाद का रहने         नाम साबीर, अबु
  वाला अब्दल     ु रझाक     बकर, कासम अली,
  जो              मिफलहाल   अंम्मुजान, अबु हसन
  पामिकस्तान में है वो      और एहसान उल्ला
  गुजरात के कच्छ            पैसे बताये गये। आते
  बॉड* र        से      ३   वक्त एहसान उल्लाने
  पामिकस्तानी बंदो को       अपने साथ १५
  लाया उनके नाम             मिकलो आरडीएक्स




::: Uploaded on - 21/07/2025                                         ::: Downloaded on - 21/07/2025 22:30:32 :::
                                   532

                      लाया था। बाकी कुछ
  अबु उमेद, सलीम
                      पामिकस्तानी     बंदे
  और सोहेल र्शीेख ऐसे
                      कच्छ बॉड* र से आये
  बताए गये
                      थे।


  बम बनाने का काम         बम      बनानेका काम
  पामिकस्तान से आये हुओ   पामिकस्तानसे आये हुये
  सोहेल र्शीेख और मीरा    सोहेल र्शीेख और मीरा
  रोड का साजीद अंसारी     रोड का साजीद अन्सारी
  और एक पामिकस्तानी       और एक पामिकस्तानी बंदे
  बदो ने मिकया।           ने मिकया।




                                     CHART NO. 45

             Confession of A.6                               Confession of A.12

  तब फैजलने हमे बताया की, गुजरात के दंगा           हम लोंगो ने फैसल के घर देर तक बाते की तब
  फसाद में मुसलमानोंका भारी नुकसान हुआ है।         फैसल ने बताया की गुजरात में हुए दंगे फसाद
  इसीव्हिलए बंबई के गुजराती लोगों को टारगेट        में मुसलमानों के जान माल का बहुत नुकसान
  करना है।                                         हुआ है और इसी वजह से बंबई में गुजराती
                                                   लोंगो को TARGET करना है और उसके व्हिलये
                                                   बंबई के लोकल ट्रेन के FIRST CLASS के
  काफी चचा* के बाद मुझे फैजल ने जो लोकल            डब्बे में धमाके करना ठीक रहेगा. ऐसा फैसल ने
  ट्रेन का टागFट बताया, वह सही लगा। वेस्टन*        कहा. क्योंकी FIRST CLASS श्चिडब्बे में
  लोकल के फस्ट* क्लास श्चिडब्बों में जादातर        गुजराती लोग ही सफर करते है. WESTERN
  गुजराती लोग सफर करते है। र्शीाम के वक्त बम       LINE पर र्शीाम के वक्त धमाका करना ठीक
  धमाका करना मिठक होगा, क्योंकी उस वक्त            होगा क्योंकी उस वक्त लोकल ट्रैन का हर
  लोकल ट्रेन खचाखच भरी होती है।                    श्चिडब्बा खचाखच भरा हुआ रहता है.

  हमने मिकराया देकर टॅक्सी छोड दी। फैजल के         अली ने टॅक्सी से तीन बमवाली बॅगों को बाहर
  कारसे भी बमवाली ४ बैग मिनकाली गई। तब             मिनकाला और टॅक्सी छोड दी, तब तक फैसल
  तक और पाकीस्तानी बंदे फैजल के घरसे मिनचे         के घर से और दो पामिकस्तानी बंदे जीना उतरे.
  उत्तरे, और हम सबने मिमलकर वो ७ बमवाली            हम सबने मिमलकर वह सातो बम वाली बैगो को
  बैंग फैजल के घरमें रखवा दी।                      फैसल के घर में रखवा मिदया.

                                                   अप्रैल २००६ के LAST WEEK में र्शीनीचर
  एमिप्रल २००६ के आखरी हप्ते में र्शीमिनवार के     के रात ०८.३० बजे के दरमिमयान ऐहतेर्शीाम,
  मिदन इर्शीा नमाज के बाद रात के साडे आठ बजे,      डॉ. तन्वीर फैसल और मै, मोहम्मद अली के
  ऐहतेर्शीाम, डॉ. तन्वीर, फैजल और नावीद मेरे       घर पर गये, एहतेर्शीाम हमे मो. अली के घर
  घर आये। हम सबने मिमल कर मेरे घर के चारों         लेकर गया क्योंकी वह उसका घर जानता था.
  ओर घुम के मेरे घर का जायजा व्हिलया।              हम लोंगों ने मो. अली के घर का चारों और
                                                   घूमकर जायजा व्हिलया.




::: Uploaded on - 21/07/2025                                     ::: Downloaded on - 21/07/2025 22:30:32 :::
                                    533

                                      CHART NO. 46

             Confession of A.7                                Confession of A.12

  बातों मे मुझे पता चला की, पामिकस्तानी बंदा       ये सोहेल र्शीेख असल में पुना का रहनेवाला है.
  सोहेल र्शीेख असल में पूना का रहनेवाला है और      लेमिकन मिपछले दो साल से पामिकस्तान में रहता

वह मिपछले दो सालों से पामिकस्तान में ही रहा है है. उसने पामिकस्तान में ही जिजहादी और
और उसने वहाँ पर जिजहादी तरमिबयत, हत्यार हशिथयारों की तरबीयत हासील की है. और वह
और बम बनाने की एक्सपटा*इज हासील की है. बम बनाने में एक्सपट* है.

प्लान के मुताबीक मुझे बताया गया की जो बंदे
फैसल ने मुझे ऐसे भी बताया की जो बंदे लोकल
लोकल ट्रेनोंमे बम रखने के व्हिलए जा रहे है,
ट्रेनो में बम रखने के व्हिलये जा रहे है उन्होने
उन्होने अपने मोबाईल फोन साथ रखना
अपने मोबाईल साथ मे रखना जोखीम भरा
रिरस्की होगा. इजिसव्हिलए कोई भी बंदा अपने साथ
होगा इसव्हिलये कोई भी र्शीख्स अपने साथ
मोबाईल नही रखेगा ऐसा तय हुआ है. उसी
मोबाईल नही रखेगा ऐसा तय हुआ. उसी वजह
वजह से फैझल ने मुझे ११ जुलाई को दोपहर
से फैसल ने मुझे ११ जुलै को दोपहर ३ :३०
साडे तीन बजे बांद्रा के लक्की हॉटल के जिसग्नल
बजे बांद्रा के लकी होटले के जिसग्नल के पास
के पास पहुच ं ने के व्हिलये और वहाँपर नावीद
साजीद अन्सारी खडा होगा उसको मुझे अपना
उसका मोबाईल फोन मुझे देगा . वह मोबाईल
मोबाईल फोन देने के व्हिलये कहा.

फोन मेरे पास लेकर रखने के व्हिलये कहा.

CHART NO. 47

Confession of A.3 Confession of A.4 Confession of A.6

मेरे अलावा इस काम को अंजाम
देने के व्हिलए साथ में फैजल,
उस मुतामिबक मैं गोवंडी का
जलगाव का आजिसफ खान उफ*
मोहम्मद अली, हैद्राबाद का मै, हैद्राबाद का नावेद, गोवंडी
जुनेद (जो पहले महाराष्ट्र जिसमी
जावेद, जलगांव का जुनेद, का मोहम्मद अल्ली, जलगांव का
का अध्यक्ष भी था), हैद्राबाद का
मीरा रोड का साजिजद, मेरे जुनेद, मीरा रोड का साजीद,
नामिवद, मिमरा रोड का साजीद
दोस्त ऐहतेर्शीाम, जमीर, जमीर, सोहेल र्शीेख, और डॉ.

                                                                 अन्सारी, ऐतेर्शीाम जिसध्दीकी,
  सोहेल र्शीेख और डॉ तन्वीर    तन्वीर लगातार फैजल के
                                                                 जमिमर महम्मद, डॉ. तन्वीर, और
  से लगातार contact में        कॉन्टॅक्ट मे रहते थे।
                                                                 पुना का सोहेल मेहमूद र्शीेख और
  रहा.
                                                                 फैŠल का भाई मुझम्मील र्शीेख
                                                                 भी मदद कर रहे थे।


                                      CHART NO. 48

              Confession of A.6                                 Confession of A.7

                                                   बम बनाने के व्हिलए घरेलू बरतोनोंका
  बम बनाने के व्हिलए कुछ घरेलु बत* न
                                                   इस्तेमाल मिकया गया. सोहेल र्शीेख और एक
  इस्तेमाल मिकये गये। पाकीस्तान में बसा
                                                   पामिकस्तानी बंदे ने मिमलकर आर.डी.एक्स.,
  सोहेल र्शीेख और दस
                   ु रा पाकीस्तानी बंदा इन
                                                   अमोमिनयम नायट्रेट और श्चिडझेल की
  दोनों ने असले कों मिमक्स करके मसाला
                                                   सहायता से सात बॉमोका मसाला तयार
  मिकया, और उसके बीच श्चिडटोनेटस* मिफक्स
                                                   मिकया और उसके बीचोबीच श्चिडटोनेटर
  कर मिदया।
                                                   मिफट मिकये.




::: Uploaded on - 21/07/2025                                      ::: Downloaded on - 21/07/2025 22:30:32 :::
                                534

1181. The above referred charts speaks volume about the credibility,
reliability, and truthfulness of each of the confessional statements.
These charts strengthen the case of the defence that the accused have
not given the confessional statements but there signatures were
obtained forcefully. The accused persons also, in their complaint before
the Sessions Judge as well as in their deposition, claimed that they have
not given any confessional statements, and that their signatures were
taken on some papers forcefully by the ATS Officers.

II) The Confessional Statements Vitiate Because Of The Torture
Inflicted On Accused To Extort The Same.

1182. We have seen that, eleven accused allegedly gave confessional
statements. These accused are A.1 to A.7 and A.9 to A.12. These
confessions were recorded between the period from 04/10/2006 to
25/10/2006. We have already seen that total 7 DCPs recorded these
confessional statements. It is to be noted that all the accused who have
allegedly given the confessional statements, retracted them at the first
available opportunity, on referring the accused to judicial custody from
police custody. It is further pertinent to note that the retraction was on
one of the grounds namely, torture and ill treatment by the police.

1183. It is a settled law that, to base a conviction on confessional
statements, the Court must satisfy itself that it was voluntary and true.

1184. It is well known that, in most of the cases, police are in habit of
extorting confessions by illegal and improper means, including by
causing torture. It is a settled law that confessions obtained in this

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
535

manner must be excluded from evidence as it is not safe to receive a
statement made by an accused under any influence of fear or favour.

1185. The main thrust of the argument is that the accused were in
prolonged police custody spanning from 24 days to 76 days. During
this period, and just before recording the confessional statements of the
accused, while seeking remand of the accused, it was the consistent case
of the prosecution that the accused are not co-operating.

1186. However, immediately after invocation of the provisions of the
MCOCA on 24/09/2006, the first confessional statement was recorded
on 04/10/2006 and then there was a series of such statements which
continued till 25/10/2006. Therefore, it is the case of the defence that
the confessional statements are not voluntary but the result of
continuous torture in police custody.

1187. If we go into the history, we can get the evidence of police
atrocities from 1817, i.e. for more than two centuries.

1188. As back as in the year 1817, passing of Bengal Police Regulation
1817 is the example. This shows that for more than two centuries, the
safeguards and checks are tried to be placed on malpractices of police
officers by enacting necessary provisions. Even in the recent Bhartiya
Sakshya Adhiniyam 2023, the Section 22 and 23 are provided which
are corresponding to the old provisions Section 24 to 27 of Indian
Evidence Act, 1872.

1189. The Bengal Police Regulation 1817 had its object for reducing
the regulation into one regulation with amendments and modifications,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
536

several rules have been passed for the guidance of Darogas and other
subordinate officers of police.

1190. Clause (1) of S. 19 of the Regulation laid down that “whenever
any person may be apprehended and brought before a darogah, or
other police officer, under the provisions of this Regulation, the
examination of the prisoner shall be taken, without oath, in the
presence of three or more credible witnesses, who are to attest the
examination; and the police officer presiding at the inquiry shall
question the prisoner fully regarding the whole of the circumstances of
the case, the persons concerned in the commission of the crime, and, if
any property may have been states or plundered, the persons in
possession of such property, or the place where it has been deposited. In
the event of the prisoner’s making free and voluntary confession, it
shall be immediately written down, if practicable, in the language best
understood by the person confessing, and in the presence of three or
more credible witnesses, who can sign their names, and are not officers
of the police or connected with the thana establishment, if no persons
can be found who may be able to read or write, the most respectable
persons in the village shall be required to bear witness, and to affix their
marks in attestation of the writing. The party confessing, as well as the
witnesses, shall be allowed to read the same when finished, or, if unable
to read, the police officer recording the confession shall invariably read
it over in the presence of the party and witnesses, before it is signed and
attested, and shall state, at the foot of the paper, the day of the week,
date, hour, and place at which it may be taken; the original confession,
bearing the signatures of the party and witnesses, shall invariably be
transmitted to the Magistrate, and not a copy; and the police officer
presiding at the inquiry, as well as the person by whom the confession

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
537

may be taken down in writing, shall subscribe their signatures to the
papers in attestation of its authenticity.” Again, clause (2) of the same
section provided that “no compulsion shall be used either towards
parties or witnesses for the purpose of obtaining any information
whatsoever; and police officers are strictly enjoined not, on any
occasion or under any pretext whatever, to encourage a prisoner
apprehended upon a criminal charge to confess the same, or to excite
the hopes or fears of a prisoner by holding forth a prospect of pardon,
or using threats, or otherwise persuading or intimidating the prisoner
with the view of inducing him to confess: any species of maltreatment
inflicted on a prisoner or witness by a police officer, landholder or
farmer, or by any other person whatever whether with a view to extort a
confession or to procure information will subject the offender to
exemplary punishment, on conviction, before the Magistrate or Court
of Circuit. After laying down these stringent rules, clause (3) of the
section goes on to say: “whenever a confession may be taken at night,
or at any other place than the police thana, the special reasons for its
having been so taken shall be stated in the darogah’s report. [Queen
Empress vs. Babu Lal and Another, reported in ILR (1884) 6 All 509]

1191. The authorities, referred to herein below, will depict that for
more than 100 years such atrocities and malpractices have been noted
by various courts in its judicial pronouncements. Some of such
observations, right from 1884, are referred to hereunder: –

A) Mahmood J – These legislative provisions leave no doubt in my
mind that the legislature is bad in view the malpractices of police
officers in extorting confessions from accused persons in order to
gain credit by securing convictions, and that those malpractices went

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
538

to the length of positive torture; nor do I doubt that the Legislature,
in laying down such stringent rules, regarded the evidence of police
officers as untrustworthy, and the object of the rules was to put a
stop to the extortion of confession, by taking away from the police
officers the advantage of proving such extorted confessions during
the trial of accused persons. [Babu Lal (supra)]

B) Straight. Offg. C.J.:– my experience in this Court has
conclusively satisfied my mind of two things; first, that in almost
every case of serious gravity or difficulty, the primary object towards
which the police direct their attention and energies is, if possible, to
secure a confession; secondly, that such confession, if subsequently
retracted, is, as an item of judicial proof, unless corroborated by
strong and independent evidence, positively worthless. If requires no
very vivid imagination to picture what too often takes place when
two or three of these not very intellectual or highly-paid police
officials are called away to a village to investigate a grave crime, of
which there are no very clear traces. Naturally it is much the easier
way for them to begin by endeavouring to obtain a confession from
the suspected person or persons, instead of by searching out the clue
to the evidence from independent sources, and seeing what
entranceous proof there is. [Babu Lal (supra)]

C) Ray, C.J. – Spontaneity & faithful reproduction are the two vital
needs in determination of admissibility of confession, & they have
been sufficiently well-impressed upon the statutory provisions in
relation to them. Section 24, Evidence Act, rules out confessions
caused by inducement, threat, or promise as irrelevant to a criminal
proceeding. Section 25 rules it out on the simple ground that it is

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
539

made to a police officer by a person accused of any offence. The
police officer is a person in authority within, the meaning of S.24 &
he is the person to whom is attributed the greatest zeal to detect, the
offence, & who is likely to exaggerate every ground of suspicion into
proof. It is not so much from consideration of credit as from
consideration of public policy that law declares a confession made to
a police officer as irrelevant. [Bala Majhi (supra)]

D) K.C. Dasgupta, J. – If it is permissible in law to obtain evidence
from the accused person by compulsion, why tread the bard path of
laborious investigation and prolonged examination of other men,
materials and documents? It has been well said that an abolition of
this privilege would be an incentive for those in charge of
enforcement of law “to sit comfortably in the shade rubbing red
pepper into a poor devil’s eyes rather than to go about in the sun
hunt’ up evidence”. (Stephen., History of Criminal Law, p. 442).

[State of Bombay vs. Kathi Kalu Oghad and ors. AIR 1961 SC 1808]

E) The Evidence Act which was enacted in 1872 bears relevance to
the then situation in which the police were practically the only
enforcement agency available to the Government and they had
acquired notoriety for the adoption of several gross malpractice
involving torture and other pressure tactics of an extreme nature to
obtain confessions from accused persons. More than 100 years have
rolled by since then. We are aware that the police are still not totally
free from adopting questionable practices while interrogating
accused persons. [Kartar Singh(supra)]

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
540

F) …we with the years of experience both at the Bar and on the
Bench have frequently dealt with cases of atrocity and brutality
practiced by some overzealous police officers resorting to inhuman,
barbaric, archaic and drastic method of treating the suspects in their
anxiety to collect evidence by hook or by crook and wrenching a
decision in their favour. We remorsefully like to state that on few
occasions even custodial deaths caused during interrogation are
brought to our notice. We are very much distressed and deeply
concerned about the oppressive behavior and the most degrading
and despicable practice adopted by some of the police officers even
though no general and sweeping condemnation can be made.
[Kartar Singh(supra)]

G) In all custodial crimes that is of real concern is not only
infliction of body pain but the mental agony which a person
undergoes within the four walls of police station or lock-up.
Whether it is physical assault or rape in police custody, the extent of
trauma a person experiences is beyond the purview of law. However,
inspite of the constitutional and statutory provisions aimed at
safeguarding the personal liberty and life of a citizen, growing
incidence of torture and deaths in police custody has been a
disturbing factor. Experience shows that worst violations of human
rights take place during the course of investigation, when the police
with a view to secure evidence or confession often resorts to third
degree methods including torture and adopts techniques of
screening arrest by either not recording the arrest or describing the
deprivation of liberty merely as a prolonged interrogation. (D.K.
Basu..vs.. State of W.B., reported in (1997) 1 SCC 416)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
541

H) Custodial interrogation exposes the suspect to the risk of abuse
of his person or dignity as well as distortion or manipulation of his
self incrimination in the crime. No one should be subjected to
physical violence of the person as well as to torture. Infringement
thereof undermines the peoples’ faith in the efficacy of criminal
justice system. Interrogation in police lock-up are often done under
conditions of pressure and tension and the suspect could be exposed
to great strain even if he is innocent, while the culprit in custody to
hide or suppress may be doubly susceptible to confusion and
manipulation. [Kartar Singh(supra)]

I) Torture is such a terrible thing that when a person is under
torture he will confess to almost any crime. Even Joan of Arc
confessed to be a witch under torture. Hence, where the prosecution
case mainly rests on the confessional statement made to the police by
the alleged accused, in the absence of corroborative material, the
courts must be hesitant before they accept such extra-judicial
confessional statements. [Arup Bhuyan..vs.. State of Assam, reported
in (2011) 3 SCC 377]

1192. The above referred authorities show that it is the experience of
the Judiciary for centuries that some overzealous police officers resort
to inhuman and drastic methods in extorting confession.

1193. Learned Counsel Shri. Chaudhary submitted that in the present
case, within a few days of the recording of their confessions, all the
accused have complained of coercion and torture. On 9.10.06, i.e. the
very day that they were produced before the Learned Trial Judge by the
ATS to be transferred to judicial custody, the accused retracted their

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
542

confessions. Subsequently, in their complaints as well as in their
statements and evidence u/s 313, 314 and 315 Cr.PC, they gave detailed
accounts of the torture inflicted on them by the ATS. The accused have
stepped into the box as defence witnesses, giving evidence on oath and
offered themselves for cross-examination. Their evidence, therefore,
merits acceptance, since the cross examination has been limited to
denials and suggestions. Apart from that, their evidence has also been
corroborated by medical and other evidence. To buttress this argument,
the defence has placed reliance upon the judgments viz. Dudh Nath
Pandey v. State of U.P. reported in (1981) 2 SCC 166, State of U.P. v.
Babu Ram reported in (2000) 4 SCC 515, Munshi Prasad v. State of
Bihar reported in (2002) 1 SCC 351.

1194. It is further argued that it is well known and judicially
acknowledged that torture does not always leave tell-tale marks. Not
allowing a person to sleep, making him person stand the whole night
with his arms tied above his head, or stretching his legs to 180 degrees,
as has been repeatedly testified to by the accused, will not leave visible
scars on the body, no matter how much this may bruise the mind or
injure the psyche. Notwithstanding these handicaps, the accused’
evidence on oath that they were tortured is corroborated by medical
evidence to a very substantial degree that more than suffices to give the
‘appearance of torture required under Section 24 of Indian Evidence
Act to render the confessions irrelevant in law.

1195. It is submitted that the fact that medical evidence of torture is
available for only some and not all accused will not detract from the
strong suspicion that all the confessions in this case were obtained
under torture. If so many accused have been tortured, the threat of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
543

torture will loom large for all the accused, which is relevant under
Section 14 of the Indian Evidence Act and therefore, be sufficient to
vitiate their confessions under Section 24 Evidence Act.

1196. On the other hand, the learned SPP opposed the arguments of
the defence vehemently by denying the allegations of torture. It is
argued that the accused were regularly medically examined and reports
are on record which falsify the case of the defence of torture. It is
submitted that whenever the accused were produced before the Court,
no complaint of any sort was made. It is, therefore, submitted that the
allegations are an afterthought.

1197. Before we proceed to examine the allegations about torture, it is
to be noted that there are two sets of accused. In respect of the first set
of accused, we have material on record namely complaint made by the
accused in writing, 313 statements, and medical evidence. In respect of
second set of accused, though there are 313 statements and complaints,
medical evidence is not available.

1198. The first set of accused are of A.1, A.5, A.6, and A.7. Whereas, in
second set of accused are A.2, A.3, A.4, A.9, A.10, A.11 and A.12. Out
of these accused, except A.1 – Kamal and A.3 – Faisal, all the accused
entered into witness box. And therefore, in addition to their 313
statements and complaints to the court, oral evidence is also available
on record.

1199. In the above referred backdrop, we now proceed to examine the
allegations made by each of the accused as regards torture allegedly
inflicted on them by the police for extorting confession and the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
544

evidence relating to the same. We will deal with the complaint and
evidence of each of the accused independently. We will first deal with
the first set of the accused, i.e., the evidence of A.1, A.5, A.6 and A.7,
and then, we will proceed to examine the evidence of the second set of
the accused namely, A.2 to A.4, A.9 to A.12.

A.1 – Kamal Ansari
1200. A.1 – Kamal Ansari was arrested on 20/07/2006. He was the
first person arrested in this case. He was in continuous police custody
till 09/10/2006 i.e. for a period of 2 months 20 days. As soon as he was
transferred to judicial custody he made a complaint on 09/11/2006.

1201. Moreover, under Section 313 and 314 of Cr.P.C., he made a
detailed allegation of torture.

1202. The medical reports relating to A.1 show that from 09/08/2006
to 15/08/2006 A.1 was taken to hospital and Emergency Medical
Services (EMS) were given to him. The record shows that A.1 was also
referred to ENT Surgeon.

Complaint to the Court
1203. On 09/11/2006, A.1 made a complaint to Session Judge giving a
detailed account of torture inflicted on him during his police custody.
He states that on 20/07/2006, he was brought to Bombay at Chandan
Chowki. There, the police started beating him. He was not able to
understand why they were beating him, and they asked him, “What
SMS did you send in Bombay?” and they kept beating him. At that
time he was not able to remember. After some time he replied that a
few days back, he had sent an SMS to his brother-in-law. That SMS was

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
545

sent by his younger brother Jamal Ahmed, who works in Delhi. A.1 in
his complaint further stated that on 3rd or 4th July, he received a
religious message from his younger brother Jamal Ahmed on his
mobile. A.1 liked that message very much and he forwarded it to many
of his friends. He probably did it on 9th or 10th July. Then those
policemen beat him even more. Even when he kept telling them his
story, they kept hitting him with belts and hands and feet.

1204. It is further stated that police further asked him that who
exploded the train bombs in Bombay? SIMI people or LT people?” to
which he replied, “he does not know.” They became even more angry
and started beating him. He was further forced to admit that he is a
member of LT and they have exploded the bombs, and some SIMI men
are also involved in it. A.1 further states that after some time they took
him to another room and started beating him and after some time he
became unconscious. When he opened his eyes, he was lying on the
floor with handcuffs and without a bed-sheet. A commander was sitting
on a chair there. He asked him to wash his hands and face. He gave him
water and tea. The same treatment was given to his Dulha bhai and
Khalid. It was the 21st of July, when they brought him again to a place
called Kala Chowki, where he was unconscious for one night.

1205. A.1, in his complaint, further states that on 26th July at 11:00
AM, he was questioned again, PI sachin Kadam asked him “do you
know Qamaruzzama?” He said no. Then they started beating him.
They beat him a lot and started telling him that you say you know
Qamaruzzama, he said he does not know, then they asked “do you
know Badriuzzama?” He said one of his friends name is Badriuzzama,
then PI Sachin Kadam abused him and said how do you not know his

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
546

brother, his brother’s name is Qamaruzzama. The next day they
brought a young boy of about 24 years of age in front of him and asked
him if he knew this boy. He said no. Then they let him go. They
further asked him if there are people named Faisal, Sajid, Asif, Tanveer,
Mujammil, Zameer, Ehtesham in his village. He said one of these
people is a man named Sajid in his village and the other is his nephew
named Asif. They asked “How old is he?” he said Sajid is (50) fifty
years old and Asif is (8) eight years old and he studies in Delhi. They
talked among themselves and said he is very ill, keep him in the lockup.
But before this he was taken to the hospital but he was told not to tell
anything to the doctor, otherwise he would be in a very bad condition.
From the hospital, he was brought to Bhoiwada lockup and kept there.

1206. It is further stated that on 1st August 2006, he stopped eating
and drinking from morning till evening and in the evening they took
him to Chandan Chowki. The same old sahab, the same Punjabi (J.J.
Singh) and Sunil Deshmukh and one other man were standing in a
room. They made him sit on an iron cot. A new sahab said that you
have become weak, we will give you Glucose. They started giving him
glucose. He got scared and started crying. Then he told the old sahab
(Raghuvanshi) not to remove his kidney and Raghuvanshi got him an
injection and he fainted. He regained consciousness the next day. Then
A.1 brought to Kala Chowki, there Sachin Kadam and all the others
started beating him and after some time they started saying, you are a
Muslim and how do you know Sanskrit, he said that all my friends are
Hindus and he also speaks a little Sanskrit with them but he does not
know how to read and write. They started beating him more, after that
blood started flowing from his left ear and he could not hear anything.
He was lying there in pain all night, the next day they put him in

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
547

Bhoiwada lockup and got him medically examined, but threatened him
that “we will get you treated, so do not say anything”, he did the same,
they just brought painkillers, they took him to a hospital but did not
treat him and refused to tell the doctor, the pain in his ear was
increasing.

1207. A.1 further stated that one day the ear pain increased a lot. On
4th or 6th August, they told him to show his ear to a doctor but do not
say about assault. He told this to the doctor at K.E.M. Hospital and she
was a lady. She prescribed some medicine and did an ear test. When the
ear pain reduced a bit, she stopped giving the medicine.

1208. He states that, finally, on 14th August, he told the judge about
his ear pain. Judge scolded the police and they put him in Bhoiwada
lockup. On the same day, 14th August, at night, he was taken to the
lockup by the same officer. They took him to Dr. AN Rao again where
Raghuvanshi, J.J. Singh, Bajaj, Sachin Kadam were all sitting. Then
Sachin Kadam said, “He has complained to the judge. AN Rao said, he
has pain in his ear, hit his ear more. Then Sachin Kadam started
slapping his ear hard. After that, they called the commander from
outside and made him turn his legs 180°. He was in a lot of pain. The
next day they took him to KEM hospital, got his ear checked and gave
him medicines. On the third day, they took him from Bhoiwada to
Chandan Chowki and did not give him food or water from morning to
evening. In the evening, some new people came to the same room
along with Sachin Kadam and Sunil Deshmukh. They made him lie
down on the cot and gave him Glucose and an injection. He fainted.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
548

1209. It is further stated that, on 11th September, A.1 was produced in
the court. He complained to the judge that he was having severe pain in
his eyes and was unable to see clearly. After that he was put in
Bhoiwada lockup.

1210. It is further stated that on 16th Sept. he was taken for medical
examination and then to Kala Chowki. There his videography was
done in front of Bajaj, J.J. Singh and other officers. After that he was
beaten up badly, his legs were turned 180° and he was beaten up by
saying, “Say and confess that you came to Mumbai”. He was tortured a
lot. In the evening, they used to blindfold him and tell him to say
whatever they had written and would tell him to say this and that too in
a soft tone. After that, they would beat him more, ask him to confess
and beat him more, put cockroaches in his vest and rat in his
underwear, made him lie down on the tracks and poured water in his
nose. Due to this, he would get severe pain in his chest and sometimes
his breathing would stop. DCP Bajaj there used to tell him to agree to
what we say and confess, and he would say he does not know anything,
then DCP Bajaj said, he agree that “you don’t know anything and you
are innocent, but have you not heard the saying, a frustrated cat
scratches the pole and you are the pole and I am the cat, I have not got
anything, I am scratching you”, A.1 said “kill me but don’t beat me”,
DCP Bajaj said “I won’t kill you, I have a pen, with this pen, I will
make your life hell, your entire family will come on the road, your
children will beg, you agree with me and accept it or else keep
suffering”. After that they took him to Bhoiwada.

1211. It is stated that, the next day, Mr. Raghuvanshi called him from
Bhoiwada lockup and made him sit upstairs and started telling him in

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
549

private that “you are innocent, you have small children too, do one
thing for me” A.1 asked what? He said “how much do you earn in a
month?” A.1 said around 3500, he said “I will give you four lakh
rupees, if you say so I will send it to your home first. But you do as I
say, you become a witness.” A.1 said “He does not know anything nor
does he know anyone, and he is a son of a soldier, how can he falsely
implicate someone in a wrong thing.” On that Raghuvanshi said that
you will not agree, this time he called a commander and said “I want his
moving/jumping picture.” After he left, the commander brought A.1 to
Kala Chowki. And there they made him naked and put some liquid
through the penis using a syringe which caused so much burning
sensation that he felt like scratching and biting his entire body and he
would scream and shout loudly and they would beat him with a belt
and take photographs from the smaller room. They beat him so much
that his kidney started paining and there was blood in urine for three
days and his hydrocele swelled and then they took him to KEM
hospital on 27th Sep and got him treated there, got sonography done of
both the kidney and hydrocele.

Observations As Regards The Complaint

1212. This detailed account of torture is difficult to read and imagine
the barbarity of police, and if it is accepted as true and correct, it surely
depicts inhuman, barbaric and drastic methods applied by police to
extort confession from A.1. The nature of torture mentioned in the
complaint will shock the conscience of anyone. The narration shows
that the incidences stated are not vague and general but with details
namely the dates, place, the names of the officers and the nature of
torture.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
550

1213. It is of general knowledge that there is something which is called
as third degree method, which police resort to during investigation. But
no one can tell the exact nature of torture the police inflict during such
third degree method, with such detailed narration, except the one who
underwent the same.

1214. Therefore, looking at the contents of the complaint and the
minute details given by A.1 in his complaint, it cannot be thrown away
at the outset as an afterthought or false. But, we must find out whether
there is any material on record which would corroborate such barbaric
and inhuman torture.

Medical Evidence

1215. A.1 did his schooling upto 7 th standard in Basopatti, which is a
small town in Madhubani district in the state of Bihar. From the record,
it appears that he was not knowing English language. In this backdrop,
it is imperative to note that all the medical reports in respect of medical
examination of A.1 were in English and produced on record during the
trial.

1216. The first evidence of prosecution witness was recorded on
18/12/2007. Thus, all the evidence relating to his medical examination
was brought on record by the prosecution subsequent to this date.

1217. Whereas, all the medical reports of A.1 are in English, and since
medical terminologies are used, even we faced difficulty on some
occasions to understand the same, and we had to seek assistance of the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
551

learned counsel for both the parties to understand the same. Moreover,
there is no evidence on record which would suggest that immediately
after the medical examination, the copies of the reports were provided
to A.1.

1218. In the circumstances, it can safely be said that on the date of
complaint made by A.1 on 09/11/2006, he had no knowledge about
the contents of any of the medical certificates and accordingly make
allegations in the complaint. The relevant certificates related to A.1
were exhibited on 06/02/2012, i.e., after more than five years of his
complaint of torture. Therefore, if A.1 had any opportunity to look into
such evidence, he got it after more than five years of his complaint.

1219. In light of above referred aspects, let us examine whether the
medical reports of A.1 even slightly suggest any truthfulness in his
complaint of torture.

1220. Medical reports between dt. 09/08/06 and dt. 15/08/06, Exh.
2121 and Exh.2122 speaks about Complaint of Giddiness (O.P.D) by
A.1 and shows symptoms with giddiness x (for) 2 days, Left ear pain,
decreased hearing from the left ear, patient referred from EMS IVO for
left ear ache; Tinnitus (left ear); History of giddiness along with change
in posture. Complaint of ear ache since 10-12 days; History of bud
usage; Right ear minor abrasions.

1221. Medical reports Exh. 2149 dt. 21/09/06 shows pain in right iliac
fossa & history of vomiting. Complaint of Pain in back radiating to
right flank & groin since 3 days + vomiting; Similar complaints in past
by A.1.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
552

1222. Medical report Exh.2151 dt.23/09/06 shows the patient is not
willing to tell complaints but the patient is moaning. Further, Exh.2152
dt.23/09/06 shows that the patient brought in view of cooing sounds
making through mouth and when asked to patient, says no any
symptoms after asking deeply; history of pain at groin; pricking pain at
inguinal region; history of vomiting twice yesterday; tenderness at
inguinal region. Complaint of pain in abdomen.

1223. Medical reports Exh.2152 dated 27/09/06 shows pain in
abdomen in right scrotal pain, pain in abdomen since 3 days; pain in
back; pain in inguinal region in backside. History of vomiting; history
of hematuria 10 days back; per abdomen tenderness present.
Complaint of back pain since 5 days; history of injuries to back 5 days
back; tenderness present in the lower lumbar region and paraspinal
region; Evidence of min Free fluid in pelvis and pancreas and midline
obscured by bowel gas; increased cortical echogenicity urinary bladder
distended; impression: medical renal disease & minimum ascites; mild
free fluid in tunica vaginalis; a large hypoechoic area noted surrounding
the cord at its attachment to epididymis measuring 1.8 x 1.8 cm; signs
of cord hematoma.

Ocular Evidence of Doctors

1224. PW-182 Dr. Gond, a medical officer at KEM Hospital, in his
deposition stated that the entry at sr. no. 22551 shows that the same
patient was brought on 21/9/06 by PC-21504 of the ATS at 6.15 p.m.
He himself gave the history. He complained of pain in right iliac fossa
and gave history of vomiting. His vitals were normal, there was no
external injury seen. He was given injection Cyclopam and was referred

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
553

to ESR (Emergency Surgery Registrar). The findings of the ESR under
Dr. Abhay Dalvi were complaint of pain in back radiating to right flank
and groin since three days, no history of vomiting, bowel/bladder
complaints, nausea, similar complaints in past. On examination,
general condition fair, vitals normal, per abdomen soft, no tenderness,
guarding or rigidity. The impression was renal colic. He was advised i/v
Spasmo, 1 amp stat, USG Kidney Urine Bladder. The finding after the
USG was that no abnormality was detected and the patient had
symptomatic relief. He was advised tablet Spasmo and Rantac for 7
days.

1225. Further, PW-182 in his deposition stated that entry at sr. no.
22620 shows that the same patient was brought on 23/9/06 by PC-
32085 of the ATS at 10.15 a.m. Patient was not willing to tell
complaints, but patient is moaning. The findings of the EMR were
brought in view of cooing sounds making through mouth, when asked
to patient no any symptoms after asking deeply. History of pain at
groin, pricking pain at inguinal region, sonography done to rule out
renal colic – normal. History of vomiting twice yesterday, no history of
fever/dyspnoea. He was referred to ESR in view of pain at inguinal
region. The ESR had referred him for x-ray chest PA and abdomen
standing. The findings after seeing the x-rays were within normal
limits. The findings of the ESR on the continuation sheet at 11.00 a.m.
are that the patient was brought by PC, history self, same complaints as
made to EMS. On examination, general condition moderate, afebrile,
vitals normal, per abdomen soft, no tenderness, guarding or rigidity. He
was advised injections of Spasmo Proxyvon 1 intramuscular stat and
continue capsule Spasmo Proxyvon and tablet Rantac.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
554

1226. It is further stated that the next entry behind the OPD case
paper Ext.2145 shows that the same patient was brought on 25/9/06
by PC-5041 of the ATS for routine medical checkup. He himself gave
the history. He had no complaints. His vitals were stable, there was no
external injury seen and he was clinically fit. Dr. Amit Sharma had
examined him. The next entry in the continuation sheet of Ext.2151
shows that the same patient was brought on 27/9/06 by PC-33419 of
the ATS for routine medical checkup. He himself gave the history. He
complained of pain in abdomen and right scrotal pain. He was referred
to ESR for evaluation. Dr. Amit Sharma had examined him. The
continuation sheet of the same day shows that at 12.10 p.m. he was
seen by ESR under Dr. Rajiv Satoskar. Patient gave history himself,
brought by PC -1155 and is under custody of ATS, Bhoiwada. He
complained of pain in abdomen, back and inguinal region right side
from three days and history of vomiting, but no history of loose
motion/constipation, fever, burning micturition. History of hematuria
ten days back. On oral examination, his general condition was fair,
afebrile, vitals normal, per men tenderness present, but no guarding or
rigidity. No abdomen Inguinal swelling. Patient was advised to USG
abdomen and scrotum and was referred for an orthopedic opinion for
back pain.

313 Statement

1227. A.1 maintained the complaint of torture in his 313 statement
wherein he states that he was tortured by the police and ATS by using
3rd degree method. From Mumbai Airport, he was brought to A.T.S
Chandan Chowki and was subjected to third degree torture. Then from
there he was taken to Kala Chowki and there too he was only beaten

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
555

and thrashed. His signature was taken on a blank paper and his video
was made in which whatever he was taught to write, that statement was
made by beating him, which is false. His TIP parade has not taken
place. He further stated that on 09/10/2006 he had also made a verbal
complaint in the MCOCA Court to Judge about the third degree
torture and forceful signing of blank papers by the ATS and have made
a written complaint about the third degree torture done on him by
ATS, physical and mental illegal Narco test, threats of implicating
family members, forcing him to become witness of apology.

Conclusion
1228. The above referred evidence not only corroborates the
complaint of A.1 of torture and its truthfulness but also the fact that
police warned him not to disclose about the torture meted out to him
by them to the doctor. Medical report Exh.2151 and the evidence of
PW-182 support the said statement of A.1. This fact falsifies the case of
the prosecution that there was no torture as the accused never
complained of such torture to the Court.

1229. The torture was barbaric and inhuman, and it exposes the
frustration, the officers might have at the relevant time for obvious
reasons. In the words of A.1, “बजाज ने कहा मैं मानता हू तु कुछ नही जानता
और तु बेकसूर है पर तुने एक कहावत नही सुनी व्हिखसायनी बील्ली खम्बा नोचे और तु
खम्बा है और में मिबल्ली मुझे कुछ नहीं मिमला मैं तुझे नोच रहा हू”ँ (Bajaj said, I agree
that you don’t know anything, you are innocent, but have you not
heard the saying a frustrated cat scratches the pole and you are the pole
and I am the cat I have not got anything I am scratching you).

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
556

1230. The medical report and the evidence of PW-182 lead us to only
conclusion that the record sufficiently shows the torture inflicted on
A.1 before recording of his confessional statement. Hence, we are of the
firm view that A.1’s confessional statement is inadmissible in evidence
and cannot be relied upon to base the conviction.

A.5 – Mohd. Majid

1231. A.5 – Mohd. Majid was arrested on 29/09/2006 in Cr. No.
156/2006. He was in police custody for 26 days before his confessional
statement. A.5 asserts that his confessional statement is the outcome of
the torture inflicted on him.

1232. It is argued by the defence that A.5 stated in his complaint that
he was brutally tortured. He was forced to sign the confession. He was
beaten with a belt on his back and legs. His legs were tied with ropes
and were stretched to 180o. Even electric shocks were given to his
private parts.

1233. It is further argued that this torture was described in the first
complaint made as soon as he was transferred to judicial custody on
09/11/06. He further says that he was threatened not to make any
complaint to anybody. It is pertinent to note that 10 days before the
confession, on dt. 14/10/2024, A.5 was suddenly referred to EMS, the
documents relating to it are not on record. The doctor who was on duty
for EMS does not state why A.5 was referred for EMS.

1234. On the other hand, learned SPP denied the fact of torture and
stated that whenever A.5 was produced in the Court, he never made

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
557

any complaint of torture. It is therefore, argued that the allegations of
torture are false and incorrect.

Complaint to the Court

1235. On 09/11/2006 A.5 made a complaint stating therein that he
was arrested on 28th October 2006 at 7:30 p.m. from a workshop at
Raja bags. Thereafter, he was taken to Naskaldanga Police Station.
From their officer Vijay Salaskar and officer Phadke took him to
Airport and he was taken to Mumbai. He was taken to Bhoiwada Police
Station, then to its general Lockup till the 3rd day in Lockup he was
neither asked nor questioned anything. Then somebody posing from
Human Rights came and questioned him. He claimed innocence before
him and by the time he left, two officers from ATS, one person whom
he knows as Tawde and the other person whom he could identify
started beating him up. They kicked and punched him.

1236. It is further stated that on the same day some constable and
Havaldars forced him down and beat him on his sole and with stick
repeatedly beat him on his sole with sticks. They forced him to walk for
an hour in the lockup. He was not given anything to eat though he was
on fast.

1237. He states that physical and mental torture continued till 11th
October 2006. He states that he vividly remembers that Salaskar on
8th October 2006 and on 9th October 2006 stripped him naked and
made him parade before the staff. Thereafter, he blindfolded him and
beat him continuously until he falls down due to exhaustion. This
continued from morning to evening.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:32 :::
558

1238. It is stated that, whenever he was produced before the court, he
was told not to speak anything in the court or if he speaks, they would
torture him again.

1239. On 14/10/06 his medical examination was done. Then, he was
taken to one Jaijeet Singh who beat him badly with kicks and blows. He
asked him to repeat a story that he narrated and told him to maintain it
to whoever interrogates him or otherwise he will be beaten up. He used
to tell him to repeat it everybody he came across. Each time he made a
mistake he was beaten up by the officers. His legs used to be tied by
officers of ATS and stretched 180o. Jaijeet Singh used to beat him for
long hours and ask him to accept the story he was narrating.

313 Statement

1240. A.5’s Section 313 statement states that he would like to draw the
learned court’s attention to exhibit ‘E’, dated 09/11/2006. Wherein he
has retracted his forceful confession, which was taken from him,
wherein the ATS had physically and mentally tortured and abused in
their custody.

1241. In the exhibit ‘E’, he has specified the atrocities done by the ATS
on him. It is stated that he was forcefully picked up from his shop on
28/09/2006 by ATS with the help of local Police in the guise of making
some inquires. He was never explained the reason for being picked up
by the ATS or the local Police. No arrest panchnama was done on the
spot. Therefore, he can say that he was not legally arrested.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
559

Ocular Evidence of A.5

1242. A.5 entered the witness box as DW-43. A.5 deposed that ACP
Tawde made him sit at his feet and started beating him by feet. He
asked him why he was beating him and ACP Tawde told him that he
would soon come to know about it. When A.5 started arguing with
him, he called 2-3 constables, handcuffed his hands behind him and by
making him lie down on the floor started beating him by belt on his
back and legs. This continued for many hours. Officer Phadke came
with some constables in the same night and took him to the office of
Vijay Salaskar at Kurla. They asked him as to when he had gone to
Pakistan for training and when he had gone to Bangladesh. He told
them that he had not gone out of Kolkata and he does not know about
all these things. They said that he would soon know what he has done.
They removed all his clothes and made him lie on a bench, handcuffed
his hands below the bench, two persons sat on his back and legs and the
others started beating him by belt on his legs and continued beating for
a long time, after which he fell unconscious. After he regained
consciousness, they asked him to stand on a stool and jump on the
floor. His legs had swollen because of the beating. The two officers then
started telling him the story that they had prepared. They told him that
he had crossed the border and gone to Bangladesh and had brought
some Pakistanis with him and those persons are involved in the
Mumbai train blasts. He told them that he had not done any such
things and that they are making false allegations. They took his
statement till late night. He was handcuffed to a window and made to
stand there for the whole day on 02/10/06 and not allowed to sit for
even a minute. Sometimes they used to ask him to take the posture of a
stool and then used to give weights in his hands. He felt giddiness and
was not able to even sit in the bathroom.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
560

1243. He further deposed that he was observing roja on 04/10/06.
Vijay Salaskar tortured him heavily on that day to the extent of giving
electric shocks to his private parts after making him naked. This type of
torture continued for many days, sometimes in the morning, sometimes
in the afternoon and sometimes in the evening. PIs Phadke, Alaknure
and Dalvi tortured him heavily on 07/10/06. His clothes were removed
and he was handcuffed behind the back, blindfolded and veiled. He
was heavily beaten by hands, legs and sticks. This went on for one or
two days. He was taken to the Bhabha Hospital on 11/10/06, before
which he was threatened not to say anything there or else they would
beat him more after coming back. His thumb impression was obtained
and his face was not shown to the doctor by removing the veil. He was
then taken to the Kalachowki ATS office, kept in a small soundproof
room. A Punjabi officer Jaijeet Singh came to meet him, made him sit
near him and on his asking A.5 told him about his entire life. When he
finished, he told A.5 to say something more that would sound good to
his ears. A.5 told him that he does not know anything more than what
he said. Thereupon he said to Alaknure, who had come with him there,
that he had not looked after him properly and therefore, he is not
telling the truth. He sent a constable and called many hawaldars and
constables and told them to open him up. They removed all his clothes,
handcuffed him behind, made him to sit on the floor, tied ropes to his
both legs, a constable sat behind him holding and pulling his hairs and
two constables pulled the ropes tied to his legs. It was intolerable for
him when they pulled more. They were beating him on his legs with
sticks and belt. He cried and begged for mercy and then they left him.
He told them that he is ready to do whatever they say and he should be
released from there.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
561

1244. The prosecution could not shatter the evidence of A.5. Except
giving suggestions, nothing could be brought out by the prosecution
contrary to the evidence led by A.5, in examination-in-chief.

Medical Evidence

1245. In the above referred backdrop of allegations of torture, we will
now examine the medical examination reports of A.5.

1246. Medical Report (Exh.2200) Dt.26/10/06 shows swelling in the
right foot & tenderness in both thighs of A-5.

1247. Similarly, the Medical Report (Exh.2196) Dt.25/10/06 speaks
about history of headache since 1 month; general condition fair; Vitals
stable; Complaint of irritability; referred to Psych OPD.

Ocular Evidence of Doctors

1248. Let us, therefore, refer to the oral evidence of PW-182 Dr.
Parmeshwar Gond of K.E.M Hospital Regarding Medical Examination
of A.5.

1249. He deposed that the entry at sr. no. 24704 shows that the same
patient was brought on 14/10/06, at 8.30 a.m, by HC-9772 of the ATS.
He was referred to EMS for investigation (Exh.2218). Dr. Dhiraj
Dongre had examined him.

1250. He states that swelling on the right foot with tenderness in both
thighs can be a result of trauma or exercise. Medical officers like him
can notice these things. According to PW 182, if a wound is infected

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
562

there can be fever with chill. One may suffer a headache if he is
mentally tortured or not given food. Capsule Doxycycline is an
antibiotic. Paracetamol is given for headache and fever. If a doctor
wants to observe a patient, he may ask for follow up. Then, after going
through Exh.2079, he states that he asked for a follow up after three
days.

1251. PW-183 Dr. Yelkar of Bhabha Hospital deposed that the Health
Screening Sheet of the Byculla District Prison (Exh.2200) shows the
injury of swelling on right foot and tenderness in both thighs. He
further stated that police bring the custody patients for general
examination as to whether he is sick or for any reason and whether he
has any complaints. It may be that custody patients are produced before
medical officers for examination to keep check on police torture. He
had come across patients who have complained about assault by police.
He admits that he did not notice the injuries mentioned in Ext. 2200
on the patient Mohd. Majid when he examined him on 25/10/06 as he
did not examine him by asking him to remove his clothes.

1252. On 24/10/06, Part I of the confession of A.5 was recorded. And
on 25/10/06, prior to recording of Part II of confession, he was
produced before the medical officer PW-183 Dr. Yelkar at about 10:25
am on the orders of DCP. He was produced before the hospital for
check up. The officer referred A.5 to a Psychiatrist. A.5 was produced
before the Doctor on 25/10/06 at 10:25 am, and part-II of confession
was recorded at 12.10 p.m.

1253. PW-182 & PW-183 are confronted with the Byculla report
during their cross-examinations. They admit the mention of swelling

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
563

on right foot with tenderness on both thighs, can be a result of trauma
or exercise, Medical Officer like him can notice these things in the
Byculla Report.

Conclusion

1254. The above referred evidence sufficiently hints at the possibility
of torture being inflicted on A.5 to extort his confession. Since the
prosecution could not effectively answer to the allegations made by the
defence regarding the torture, the evidence brought up by the defence
remained unshaken. Thus, in view of language of Section 24 of Indian
Evidence Act, we are of the opinion that the confessional statement of
A.5 is inadmissible in law.

A.6 – Mohd. Ali

1255. A.6 was arrested on 29/09/2006 in Cr. No. 156/2006 Borivali
Railway Police Station. However, as per A.6, he was taken in custody
much before this date. He was in police custody for 26 days before
recording of his confessional statement. According to him, his
confessional statement is the outcome of and the result of torture
inflicted on him.

1256. It is argued by the defence counsel that on 7/11/2006, the
brother of A.6 filed a complaint in the Special Court. He had been
trying to visit A.6 in Arthur Road jail; he was not being allowed to
meet his brother. Then, he made a complaint to the Court; he was
allowed to meet A.6. A.6 told his brother how he was tortured in the
jail and he was hung upside down and beaten. Therefore, A.6’s brother

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
564

made an application in the court regarding this. The learned trial Judge
ordered the patient to be taken to J.J. Hospital. In this complaint, the
brother mentions that A.6 told him that he was forced to sign a
confession, and that he will be falsely implicated in the Malegaon blast
case.

1257. Furthermore, learned defence counsel argued that A.6 said that
his hands and legs were tied behind his back, he was beaten on the sole
of feet, and he was hung upside down and beaten up on the body and
arms. In the medical report (Exh.2220) 15 ‘days’ is cancelled and it has
been changed with 15 ‘years’.

1258. It is further argued that X-ray reports that were advised, are not
on record. The findings of X-ray are also not mentioned. When he was
transferred to judicial custody and shifted to Nagpur Jail, they got an
MRI done of his shoulder. It was made when he was in judicial custody
on 14/03/2009 (Exh.2498. This MRI scan was done at the Government
Medical College at Nagpur).

1259. Furthermore learned Counsel submitted that on 14/10/2006, 10
days before his confession he was suddenly sent for EMR and EMS
under a letter sent by PI ATS. On 14/10/2006, at 3.20 pm, A.6 is taken
by PC No…ATS for EMS. It is not a casual or routine report written by
medical officers. Then, he was brought for check up on 19/10/2006 by
PC for the complaint of giddiness. This is 5 days before confession. On
19/10/2006 at 2.50 pm seen by lecturer, complaint of alleged history of
giddiness in morning, difficulty is walking seem to be one of the
symptoms, treatment required, tablets given.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
565

Complaint to the Court

1260. A.6 made a complaint dated 23/11/2006 (filed in the Court on
09/11/2006) to the Session Judge stating therein that he had been
framed in this case and had nothing to do with this case, directly or
indirectly. All the allegations levelled against him by ATS are false and
baseless. In police custody, he was mentally and physically tortured, his
statement was extracted through police pressure and threats. At times,
he was told to sit in front of the camera, smiling and relaxing, so that
his story sounds correct. He denies all the allegations levelled against
him by ATS and take back his statement.

1261. He states on 17/10/06, he was taken for a narco test. After this
test on 20/10/06 at around 23.00 hrs. at Kala chowki ATS office
Officer Sachin Kadam Showed him Photo of Malegaon Blast and
abused him and told that “what all you have done in Malegaon and
Mumbai blast you have told us.” He told them that it is not possible
that the case in which he was not connected in any way, he could tell
about it. He told the officers to show the CD of Narco analysis test.
They did not show him that CD and started assaulting him. He was
assaulted by 4 to 5 officers. They forced him to create/make any
dummy story and again assaulted him. He was so scared that he had to
repeat the statements made by them.

1262. It is further stated that on 21/10/06 in the morning, he stated to
officer Sachin Kadam that he in no way connected with this case. At
that time, he was taken before Raghuvanshi who had come to
Kalachowki “B” Office. He was crying in front of him and begged him
to have mercy on him. Raghuwanshi told him that if he will not admit

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
566

and not become an approver, he would be implicated in Malegaon
Bomb blast Case. Raghuwanshi directed the other officers that they
should assault him so much till evening. First, Raghuwanshi hit him
(A.5) on his back, where he was experiencing pain since before. He
shouted and sat down. At that time he was assaulted on his head by belt
and fist blows. He shouted due to pain but the officer Sachin Kadam,
Tajne, Raghuvanshi and Khandwelkar did not show any mercy on him
and continuously assaulted him. Then ACP Dhamle came there and
assaulted him by means of belt and fest blows on head, hands and told
If he does not create any story on Malegaon Blast his entire family
members would be implicated falsely in this case and harassed in the
same manner and would be assaulted by making them naked. He was
beaten so mercilessly that he had to repeat to what the officers were
saying.

1263. A.6, in his complaint, further stated that Raghuvanshi used to
take such other person’s names whom he had never met before or had
not heard of and Raghuvanshi is also told him to say that these persons
had come to his house. He was also told by Raghuwanshi to tell that
Pakistanis had come to his house and his house was used to make
bombs. He had to say yes and agree to whatever they were saying as he
was scared that he would be beaten again.

1264. It is further stated that on 26/10/06 when he was brought before
this Court for remand, he was threatened by ATS officers Tajne,
Raghuvanshi, Sachin Kadam, Khandwelkar that if he tells anything to
this Hon’ble Court or to his advocate, his family members would be
implicated in this case & would be harassed in similar manner and he
would be implicated in Malegaon Blast Case. He state that the ATS

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
567

officers come to Arthur Road Jail and threatens all the accused persons.
He state that on the direction of this Hon’ble Court, he was taken for
medical examination, he was not properly examined by the medical
officers as there was an ATS officer.

313 Statement

1265. A.6’s 313 statement says that ATS took him and three other
people to Shivdi court. Sachin Kadam threatened him outside the court
that do not say anything in the court or else you will be beaten up after
the court. Due to fear of the beating, he did not say anything in Shivdi
court. His remand was taken there till 13th October. After bringing him
from court to Kala Chowki, Tajne, Sachin Kadam and Kolhatkar
thrashed him with a stick and said now they are taking him to his
house. They warned him not to say anything to family members or else
they will strip him naked and beat him in front of his family members.

1266. It is further stated that he was made to stand all day and was
tortured daily. On 17/10/06 his narco test was done in Bangalore, Dr.
Malini is from ATS. Before the test she scratched his ear with her nails
and slapped him on the cheek. Then, on 20/10/2006 at 11 pm, he was
brought from Bhoiwada to Kala Chowki. There Sachin Kadam abused
him and said, see this photo of Malegaon blast. Sachin Kadam told that
he stated everything in the narco test that he did the Malegaon and
Mumbai local trains blasts. A.6 said that this cannot be possible, he is
innocent. He was not shown the Narco test CD. Sachin Kadam then
started hitting him, blindfolded him, tied both his hands behind his
back with a rope, removed all his clothes, except the lower inner wear,
started hitting him on his hands, back and below his legs with the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
568

bandage. He kept screaming and shouting, when one man got tired of
hitting, another one would start hitting him. In this manner, the
beating continued till 2 am. Then Sachin said that we will meet you
again at 8 am. Then he was made to stand the whole night. His whole
body was shivering with pain.

1267. A.6, in his 313 statement, further stated that on 21/10/2006, he
was asked to remove his clothes and was left in just his underwear. First
CP Raghuvanshi started beating him, after that ACP Dhavale,
Khanvilkar, Sachin Kadam, all of them were continuously beating him,
ACP Dhavale was also abusing him and his family members. He
threatened him that if he does not tell the story they made, then they
will bring his entire family here and strip them naked. He kept
screaming but they did not stop beating him. A.6 further stated that
ATS tortured him the most on 20, 21 and 22 October of 2006 by using
third degree torture. Bagwe hit him hard on his back which caused pain
in his back. This pain was gradually starting from 29/9/2006. He was
beaten that day too. He told Bagwe that his back bone is broken, then
he punched him harder on his back and in the evening Gohite hit him
hard on the same place. He was beaten intermittently throughout the
day. At 8 pm Sachin Kadam and Tajne said that we will keep beating
you like this until you agree to our story as made. A.6 said don’t trap
him in a false case, leave him, have mercy on his family. Tajne said, then
get ready to be beaten, then he started beating him continuously. At 10
o’clock in the night, he was made to lie down in a dark room; his legs
and back were swollen due to the beating.

1268. It is further stated that on the morning of 22nd October, Sachin
Kadam came to him and said, now ‘tell me whether you will tell our

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
569

story or not’. He said don’t trap him in a false case. Then Gaikwad,
Sachin Kadam, Havaldar Sangram started beating him again. He was
helpless due to the beating. Then he said he will do whatever they say,
but don’t beat him more. Then Sachin Kadam said, “You have come to
the line, now you are speaking the truth”. Then he gave him tubes of
Soframycin and said, apply it everywhere, the marks of beating should
not be visible. And then a Havaldar held his hand and made him walk
on a stone slab. They would tell him to hit his hands against the walls
so that the swelling would reduce. After making him walk for an hour
or two, the swelling reduced a bit, then Gaikwad and Officer Sachin
Kadam gave him a false story of both the cases, Malegaon blast and
Mumbai train blast. Because of the fear of beating, he started
memorising that story and agreed to what they said.

1269. Thereafter, on 23/10/2006, he was asked to take a bath in the
morning. After bathing, he was given clean clothes to wear, then the
officer Gaikwad gave him the written stories of both the Malegaon
blast and Mumbai train blast case, and told him to memorize them
again. When he read the Mumbai train blast story, he said, everything
written in this is a lie. The same story was given to him to memorize at
night also. It was written that on 8th, 9th, and 10th July of 2006 a
bomb was made at his house. Pakistanis from outside came to his
house. He said all this is a lie, no bomb was made at his house.
Pakistanis from outside did not come to his house. All this is a lie. Then
Gaikwad and Sachin Kadam threatened him to beat him up. They
asked A.6 to quietly memorize the story properly. Saying this, Officer
Gaikwad put his pistol on his head. He was forced to memorize that
story.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
570

Ocular Evidence of A.6

1270. A.6 entered into the witness box as DW-42. In his oral evidence,
A.6 deposed that on 31/07/2006 at 10-10:30 pm officer Shailesh
Gaikwad took him to the Nagpada ATS Office. There A.6 saw a person
in the room with his hands tied above his head. Later he came to know
that the person was A.4 – Ehtesham Siddique. A.6 further states that
Shailesh Gaikwad handcuffed him and made him sit on the floor. A.6
asked him why he was handcuffed and that they had released him
earlier. He told him that he would release him on the next day
morning. A.6 told him to inform his family as they would be worried,
but he did not do so. A.6 was handcuffed throughout the night and was
not given anything to eat.

1271. He further deposed that he was thereafter daily taken from
Bhoiwada to Kalachowki and made to stand throughout the day naked
and blindfolded in the torture room and not given any food though it
was the month of ramzan.

1272. He further deposed that he was taken to the Kalachowki torture
room from Bhoiwada at 11.00 p.m. on 20/10/06, where Sachin Kadam
and Tajne were present. Kadam said to him that during the narco test
he had told everything that he had done in the Malegaon case and the
railway blasts case. He said that this is not possible, that he is innocent
and he did not say anything in the narco test and asked them to show
the CD, thereupon he said that A.6 was talking more and then he
ordered Khanvilkar, Bagwe commander, bhai commander and Sangram
constable to tie his hands behind. They did so and made him sit and

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
571

started beating him by belt one after another after the first one got
tired. They removed all his clothes except underwear. He was beaten on
his palms by belt. When his hands were swollen after the beating after
some time, they banged his hands on the walls. They beat him till late
night. There was swelling on his hands, legs and back. There was blood
in his urine. He was left in a dark room and Sachin Kadam said that he
would meet in the morning. He was made to stand for the whole night,
his entire body was shivering with pain. Sachin Kadam took him to the
AC torture room, that is by the side of ACP Dhawle’s office, in the
morning on the next day, blindfolded him and asked him what he had
said in the night swearing on his children. He said that he swears on his
children that he is innocent. Raghuvanshi told Kadam that he is very
strong and will not listen to them and to beat him in such a manner
that his face would not be recognizable till evening. Raghuvanshi beat
him first. Khanvilkar, Tajne, Kadam, ACP Dhawle, ATS constable
Sangram, Bagwe, bhai commander tied his hands behind and started
beating him repeatedly on his legs after removing his clothes, except
underwear. He was shouting and screaming that he is innocent. ACP
Dhawle abused his wife and threatened that they would bring all his
family members there and strip them naked. Raghuvanshi came there
during this period and told him to listen to what they say or they would
kill him in encounter they had killed Khwaja Yunus and that no one
could do anything to the police. He said that if he does not listen to
what they say, his family members would be involved in the case. They
were continuously beating him. Bagwe commander gave punches on
his back at the place where he had been beaten on 29/09/06. PI Mohite
also beat him at the same place. He told them that his shoulder had
broken, thereupon they said that they would break his other shoulder

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
572

also. In between, they banged his hands on the wall and made him to
walk on metal (khadi) that was outside the torture room.

Medical Evidence

1273. In light of this evidence, let us examine the medical examination
evidence. Medical reports (Exh.2220) dt. 03/10/06 show complaint of
shoulder pain (left side) ; Complaint of pain in (left) scapular region for
15 yrs. (15 ‘days’ has been scratched and 15 ‘years’ has been written) ;
No history of trauma, TB, External Injury, General condition fair;
Tenderness present in left scapula.

1274. Medical reports (Exh.2230) dt.19/10/06 show Complaint of
giddiness; referred to EMR for giddiness & lower BP. Undergone narco
analysis 2 days back; complaint of giddiness since yesterday. Complaint
of alleged history of giddiness since morning; difficulty in walking;
vitals stable; history of fractured of the right rib cage about 15 years
back; signs of old fracture

Ocular Evidence of Medical Officer

1275. In this backdrop of medical reports, PW-182 Dr. Gond deposed
that on 03/10/06 he complained of left shoulder pain, no other
complaints, therefore, he was referred to an orthopedic expert. The
notes of the orthopedic surgeon on the continuation sheet show that
the patient was complaining of pain in the left scapular region since 15
years, but there was no history of trauma, TB or external injury. On
examination: GC fair, afebrile, vitals 06 stable. Local examination did
not show swelling, deformity, tenderness, DNVD-Nil on the left
shoulder. Left shoulder-ROM show pain in overhead abduction, other

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
573

movements are painless and free, no crepitus. There was no swelling
and deformity on the left scapula, but tenderness was present. He was
advised x-ray of left shoulder, scapula with humerus AP and after the x-
ray the advise was shoulder immobilization, strict limb elevation and
action.

1276. Further, PW-182 in his deposition stated that the same patient
was brought on 19/10/06. He had complained of giddiness. On
examination: GC moderate, conscious, afebrile, pulse rate 90 per
minute, respiratory rate 20 per minute, BP 100/60, RS/CVS/CNS/PA-
NAD. He was referred to EMR for giddiness and lower BP (Exh.2229,
2230). Behind the OPD case paper are the observations and findings
by the EMS Registrar that no previous history of any major illness.
Undergone narco analysis two days back, fasting since morning-roja.
Complaint of giddiness since yesterday. No vomiting, dyspnea,
weakness in any limb or headache. On examination: afebrile, pulse 100
per minute, BP 110/70, CNS-S1 S2-normal, RS clear, CNS-conscious
oriented, PA-soft, no tenderness guarding rigidity. He was referred to
lecturer, who saw him, but gave similar findings and was prescribed
medicines. X-ray chest was suggestive of old fracture right rib cage.

1277. The evidence referred herein above raises doubt regarding the
possibility that A.6 was subjected to torture in order to extract his
confession. The prosecution failed to effectively counter the allegations
of torture raised by the defence, and the defence’s evidence remained
unshaken. Therefore, we are of the view that the confessional statement
of A.6 is inadmissible in law.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
574

A.7 – Mohd. Sajid

1278. A.7 was arrested on 29/09/2006 in Cr. No. 156/2006. He was
in police custody for 26 days before recording of his confession. He
claims that his confession is the outcome of torture inflicted on them.

1279. Learned Sr. Counsel Nitya Ramakrishnan stated that on
25.10.2006, defying the court’s order, A.7 was not produced before the
Court, and instead, he was taken to the DCP for recording Part II of his
confession, between 11 am to 2:30 pm.

1280. Learned defence counsel argued that immediately on being put
in judicial custody a written complaint was filed on next day. There are
statements under section 313 and 314 of Cr.PC. It is not that the
accused was waiting for medical evidence to arrive before making
complaints. The accused was saying from very first day what has
happened to him.

1281. Learned Sr. Counsel Nitya Ramakrishnan stated that A.7 was in
police custody from 29.09.2006 to 01.11.2006. On 22.10.2006 his
mother saw him limping and injured, scarred. Thereupon, the medical
examination of A.7 at the private J.J. Hospital in the presence of his
family doctor was made, which revealed extensive injuries, which were
stated to be more than 5-7 days old.

1282. Furthermore, Learned Sr. Counsel submitted that A.7 is
examined at Byculla District jail and found to have bilateral black eyes
and contusions. The terror of complaining was so much that the detenu
bore abuse after abuse. So the fact that A.7 did not complain does not

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
575

mean that there was no abuse, but instead that the terror was so intense
that he dared not complain.

1283. On the other hand, learned SPP submitted that no doubt A.7’s
mother had made a complaint to the Court and that, although he was
directed to be produced before the special judge in the morning, he was
not produced till the afternoon at 4.40 p.m. Yet, it is a matter of fact
that the accused was not in the custody of the investigating officer to
produce forthwith before the Court and he was in the custody of the
DCP, the custody with DCP was in the nature of the judicial custody
and therefore without DCP handing over the custody of the accused he
could not have been produced before the Special Court. Since the DCP
was in the process of completing his quasi-judicial duty of recording the
confession till that part was over the accused was not handed over to
the Investigating Officer and in case even thereafter as mandated by
law he was immediately produced before the CMM. The accused had
not made any complaint before the CMM nor before the Special Court
when he was produced at 4.40 p.m. It is argued that when the Special
Court asked him to roll his sleeve and show his hands even the Special
Court could not find any injuries on him alleged by his mother in her
application. And therefore, no blame can be attributed to the
Investigating Officer for not producing the accused before the Court.

1284. A.7 was transferred to judicial custody on 27/10/2006 and on
09/11/2006, he made a complaint to the Court about torture. In the
complaint he stated that although his arrest was shown as per police
record on 29/09/2006 he had been detained in Kala Chowky ATS Unit
since 25/09/2006. He had been beaten up badly on 20th and 21st of
October 2006. During same day they obtained signature on a blank

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
576

paper and narrated some false story as to his involvement. On
22/10/2006 he was taken to his home for recovery of sim card where
his mother observed the injury marks on his body and face and made
an application for production and medical examination which
subsequently proved that he had around eight contusions on his body
and two healing ulcers on his buttocks. He could not say anything on
25th and 26th October 2006 regarding cause of injury and he said that
police did not beat him. He did so because he was under constant
threat of police that they will again beat him. He states that the injuries
as mentioned in the medical examination report of 25/10/2006, were
sustained because of police violence and torture in custody for
confession. During custody he was shown to many people saying that
remember this person, “he is Mohd. Sajid and you will have to identify
him whenever you will be called”. He then states that on 25/10/2006
he had been taken to DCP Mohite to give a statement, already prepared
bearing his signature. He did not allow him to read the same.

313 Statement

1285. In a statement recorded under Section 313 of the Cr.PC, in his
answer to question no. 1838, A.7 has specifically stated that he was
tortured between 19/09/2006 to 23/09/2006. Similarly, in an answer
given to question No.2651 he states that on 25/07/2006 he had gone
to his native place and when he contacted his elder brother on phone,
he told him that ATS officer had called him. He then immediately
came back on 15/08/2006. On 18/08/2006 he contacted ATS officer
Shri Shailesh Gaikwad who asked him to reach ATS office at Nagpada.
He reached at his office at 04:00 p.m. along with his elder brother Dr.
Javed Ansari. PSI Shailesh Gaikwad asked his brother to go home and
then he started beating and abusing him along with PSI Sunil Mane,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
577

Constable Shailesh Mane, Redekar and other ATS officials. Then he
states that on 19th, 20th, 21st and 22nd October, 2006 he was taken to
Kalachowki Office of ATS and was brutally tortured by third degree
method to accept the false story of ATS. The Chief of ATS Mr. K.P.
Raghuwanshi personally beaten him. PI Tajne, PI Khanwilkar, API
Varpe, Dinesh Kadam, PSI Kolhatkar, Sachin Kadam, ASI Awari, ACP
Dhawale and other staff continuously tortured him.

1286. He further states that on 22/10/2006, he was taken to his
residence at Meera Road. The officers Tonpi and Kandharkar insisted
his mother to give them the sim card of his mobile phone. It was not
found therefore, they took the empty packet of Airtel Recharge Card of
his mobile phone. According to him, when his mother saw him she
noticed torture marks on his face and hands. Due to heavy torture, he
was limping at that time and she noticed that also. He further states
that he also made signs of torture by his hands to his mother, but
remained silent about that as he was too much frightened. He further
states that thereafter his mother made a complaint before the Court on
24/10/2006 which was marked as MA No.302 of 2006.

Ocular Evidence of A.7

1287. A.7 has also entered into the witness box and has given evidence
on oath as DW-46. He deposed that he was taken to Kala Chowki ATS
Office on 19/10/2006. Tajne and Khanwilkar asked him what did he
state in the Narco Test. He told them that he did not give any wrong
answers, but stated that he is innocent and falsely involved. According
to A.7, they beat him badly and taken him to Bhoiwada in the evening.
In the night, he was kept in a lock up with A.8, for some reason. He
was again taken to Kalachowki on 20/10/2006 after he broke the fast,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
578

where Khanwilkar, Tajne and Sachin Kadam were present and
Khanwilkar told him that he had stated the truth during the Narco
Test. They played the CD of Narco Test to him and he was shocked to
see that in place of his reply to the question as to how many bombs
were prepared, the reply was seven. According to him, anyone could
see that the CD was edited because the words were not in sync with the
video. He said to Khanwilkar that CD is edited, thereupon Khanwilkar
started beating him by hands and legs. He was taken to the torture
room and all the officers and constables of Kala Chowky and ACP
Dhawale again tortured him. He was stripped and naked and many
shocks were given to his private part. His hands were tied behind. A
person caught him from behind and forced him to sit on the floor and
his legs were stretched 180 degrees. He was beaten on his palms and
soles by belts and sticks. He used to be beaten continuously for 10
minutes and asked to press paper balls and to jump from chair on many
ropes below. They again beat him similarly after the swelling used to
reduce and this continued for the whole night.

Medical Evidence
1288. Then the report dated 24/10/2006, prepared at 12:25 p.m.
(Exh.2110) states that he was taken for routine medical check up. It
further shows that at the time of medical examination A.7 was fainting.
The medicines which were given shows that Tablet Rantac, ORS two
packets, Glucose Water were advised to be taken.

1289. It is significant to note that in a report dated 24/10/2006 which
was before recording Part-I of the Confessional Statement of A.7, there
is a mention that when he was examined he was fainting. This remark

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
579

speaks volume about the physical and mental condition of A.7 just
before recording of his Part-I.

1290. On the same day i.e. on 24/10/2006, the application moved by
the mother of A.7 for medical examination of A.7 by registered
Medical Practitioner along with Government Medical Hospital. The
learned Special Judge, on the same day, ordered to produce A.7 on
25/10/2006 without fail at 12:00 noon in Court.

1291. It is pertinent to note here that after recording Part-II and before
taking A.7 to the Court, as directed by the Special Court to produce
him, he was taken for medical examination. On the same day, i.e. on
25/10/2006, he was examined at 04:30 p.m. as a routine medical
check up. The doctor found him in a state of giddiness.

1292. Thus, from the report dated 24/10/2006 of medical
examination of A.7 before recording of Part-I and report (Exh.2112),
dated 25/10/2006, after recording Part-II, show that prior to recording
Part-I he was fainting and after recording of Part-II he was in a state of
giddiness. These two reports are sufficient to draw an inference of an
unfit mental and physical condition of the accused.

1293. On perusal of record, it can be seen that on 25/10/2006 at
around 04:40 p.m. A.7 was produced before the Court despite the
order of the Court to produce A.7 before the Court, without fail at
12:00 noon. He was not produced before the Court, as directed, but
was taken to the office of DCP, where his Part-II was recorded. It is
evident from the record that the fact issuing directions by the Special

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
580

Court to produce A.7 at 12:00 noon on the same day was not brought
to the knowledge of the DCP who recorded Part-II of A.7.

1294. A.7 was produced at 04:40 p.m. before the Court instead of
12:00 noon. The Court had noticed black circles under the eyes.
Accordingly, A.7 was referred to J.J. Hospital for his complete body
check up with direction to the Superintendent of J.J. Hospital to get
done thorough medical check up and send report of it on 26/10/2006
till 12:00 noon, without fail. The learned Court further permitted
Medical Practitioner Dr. Ashfaq Ubare to remain present at the time of
medical check up of A.7 and to observe without any interference.

1295. Thereafter, as directed by the Court, A.7 was medically
examined in the J.J. Hospital on 25/10/2006 at 07:00 p.m. The
medical report Exh.1744 mentions that he was brought to the hospital
by PI Khandekar and staff of ATS as per Court’s order.

1296. The report further states that A.7 had no complaint of any
assault in police custody or by any other person or any other authority.
It is further noted that patient A.7 does not complain of having any
injuries. But as per Court’s order he was thoroughly examined and no
fresh wounds were noted, however, 11 old wounds were noted on
examination. It is recorded that all the wounds are more than 5 to 7
days old and are not within 24 hours. The nature of wounds noted are
as under :

(i) Contusion – 10 to 12 c.m. over it. Shoulder extending over it.

Arm no tenderness.

(ii) Contusion – 8 x 3 c.m. Lt. Shoulder posterior aspect.

(iii) Contusion – 4 x 2 c.m. Lt. Scapular region of back.

(iv) Contusion – 4 x 2 c.m. Rt. Side Supra Scapular of back.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
581

(v) Contusion – 3 x 1 c.m. Rt. Shoulder posterior aspect.

(vi) Contusion – 3 x 2 c.m. Rt. Shoulder just at base of neck.

(vii) Contusion – 6 x 4 c.m. Lt. Thigh lateral aspect.

(viii) Contusion – 5 x 4 c.m. Rt. Thigh lateral aspect.

(ix) Old scab Rt. Forearm dorsal aspect 1 x 0.5 c.m.

(x) Old scab Rt. hand dorsal aspect 0.5 x 0.5 c.m.

(xi) Old epidermal skin exfollation seen over both buttocks.”

1297. Thus, we have five medical examination reports of A.7 within
the span of four days from 21/10/2006 till 25/10/2006. Reports dated
21/10/2006, 23/10/2006, 24/10/2006 and 25/10/2006, except the
report of J.J. Hospital, none of the report discloses any injury/wound
on the body of A.7. Whereas, the report of J.J. Hospital discloses 11
injuries of more than 5 to 7 days old.

1298. It thus, can be said that on the date of medical examination of
A.7 on 21/10/2006 these injuries were present on the body of A.7 and
also at the time and date when the other reports were recorded.

1299. The report dated 25/10/2006 recorded at 04:30 p.m. in Tejpal
Hospital i.e. just 2½ hours before the medical examination conducted
by J.J. Hospital, does not record any injury. Thus, it is evident that after
2 ½ hours of recording of Part-II and medical examination conducted
by Tejpal Hospital, the doctors of J.J. Hospital found 11 injuries. Thus,
it creates suspicion about the credibility of such report in which no
injury was disclosed despite those were on the body of A-7 from the
period prior to report dated 21/10/2006. It is also evident that the A-7
was in police custody from 29/09/2006 and he was in police custody
during the above referred medical examinations.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
582

1300. On 26/10/2006 A-7 was transferred to Byculla Jail in judicial
custody. Thereafter, health screening of A-7 was conducted on the same
day i.e. on 26/10/2006 wherein following injuries were noted :

       (i)      Contusion over Lt. Shoulder
       (ii)     Contusion over Lt. Scapula
       (iii)    Black eye bilaterally
       (iv)     Contusion on both buttocks.
       (v)      The age of all these injuries was recorded as a week back.

1301. It is interesting to note that on 25/10/2006 in the medical
report of J.J. Hospital there is no mention of above referred injury No.3
recorded in Health Screening at Byculla District Prison.

Ocular Evidence of DCP

1302. PW-102 DCP Mohite admits that it is necessary to find out
whether the accused is tortured or harassed by the police. One of the
ways to find it out is to see whether accused has any body injuries. He
admits that he did not try to find it out in the case of A-7 on
25/10/2006. He further states that he cannot say whether he will be
shocked to know that when the doctor examined the accused on
25/10/2006, he found 8-10 injuries on his person that may have been
caused within a period 5-6 days.

1303. We have seen that the learned Special Judge noticed black circle
marks under the eyes which were visible. However, PW-102 did not
even see the said injury marks by the naked eyes.

Ocular Evidence of Medical Officer

1304. Dr. Nandratna Sadashiv Paikrao (PW-181), who was attached to
G.T.Hospital, a Government Hospital, as Medical Officer since July
2006, was examined by the prosecution. He admits that the document

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
583

Exh.1744 shows 11 injuries and all are the external injuries. The
injuries were 5-7 days old. He further admits that screening sheet
(Exh.2133) issued by Byculla District Prison shows four injuries aged
one week back.

1305. The prosecution examined another doctor, i.e., PW-182, Dr.
Parmeshwar Vyankatrao Gond. He admits that A.7 had 11 injury
marks having age 5-6 days old. He then states that these are signs of
trauma, but he cannot say whether they were signs of police torture.
He then deposed that Medical Officers like him should have noticed
these injury marks. He then states that these marks were not there
when A.7 was examined on 23/10/2006, therefore, they were not
mentioned in the entry in the register and the case papers. He then
states that he cannot say whether the Medical Officer who issued
Exh.1744 gave wrong age of injuries. He states that swelling on right
foot with tenderness in both thighs can be a result of trauma or
exercise. He then says that Medical Officers like him can notice these
things.

1306. PW-182 states that if a person is not given food he can suffer
from giddiness.

1307. After A.7 was transferred to judicial custody, immediately he
made a written complaint of torture on 09/11/2006 vide Exh.4199. In
reply to the same the prosecution denied the allegation. The
prosecution, while denying the allegation of torture, has stated in the
reply that as per the guidelines issued by the Supreme Court, the
accused was also periodically examined by the Medical Officers of
Municipal/ Government Hospitals and even when the accused was
produced before these doctors, the accused never made any such

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
584

complaint of ill-treatment or assault nor does any medical examination
report support or substantiate the allegations.

1308. Despite the report of the J.J. Hospital dated 26/10/2006 and
Health Screening report of Byculla District Prison, it is stated by the
prosecution that no medical examination report support or substantiate
the allegation of torture.

1309. Therefore, the evidence discussed above casts serious doubt on
the likelihood that torture was inflicted on A.7 to extort confession.
The prosecution has not been able to effectively refute the defence’s
allegations of torture, and the evidence of A.7 has remained unshaken.
Thus, in view of language of Section 24 of Indian Evidence Act, we are
of the opinion that the confessional statement of A.7 is inadmissible in
law.

1310. Now, moving to the second set of the accused namely, A.2 to
A.4 and A.9 to A.12. As regards these accused, there is no medical
evidence available on record as it was in relation to A.1, A.5, A.6 and
A.7.

1311. It is argued that the fact that medical evidence of torture is
available only for some and not all accused will not detract from the
strong suspicion that all the confessions were obtained under torture. If
so many accused have been tortured, the threat of torture will loom
large for all the accused, and be sufficient to vitiate their confession
under section 24 of the Indian Evidence Act.

1312. At this juncture, it would be beneficial to refer to section 24 of
the Indian Evidence Act, which reads thus: –

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
585

Section 24 of Indian Evidence Act:

“A confession made by an accused person is irrelevant in a criminal
proceeding, if the making of the confession appears to the Court to
have been caused by any inducement, threat or promise having
reference to the charge against the accused person, proceeding from
a person in authority and sufficient, in the opinion of the Court, to
give the accused person grounds which would appear to him
reasonable for supposing that by making it he would gain any
advantage or avoid any evil of a temporal nature in reference to the
proceedings against him.”

1313. The Hon’ble Supreme Court of India, in the case of Navjot
Sandhu (supra) while interpreting the expression ‘appears’ used in
section 24 of Indian Evidence Act, has held thus: –

“27. …Section 24 lays down the obvious rule that a confession made
under any inducement, threat or promise becomes irrelevant in a
criminal proceeding. Such inducement, threat or promise need not
be proved to the hilt. If it appears to the court that the making of the
confession was caused by any inducement, threat or promise
proceeding from a person in authority, the confession is liable to be
excluded from evidence. The expression “appears” connotes that the
court need not go to the extent of holding that the threat, etc. has in
fact been proved. If the facts and circumstances emerging from the
evidence adduced make it reasonably probable that the confession
could be the result of threat, inducement or pressure, the court will
refrain from acting on such confession, even if it be a confession
made to a Magistrate or a person other than a police officer…

29. …Before acting upon a confession the court must be satisfied
that it was freely and voluntarily made. A confession by hope or
promise of advantage, reward or immunity or by force or by fear
induced by violence or threats of violence cannot constitute
evidence against the maker of the confession. The confession should
have been made with full knowledge of the nature and
consequences of the confession. If any reasonable doubt is
entertained by the court that these ingredients are not satisfied, the
court should eschew the confession from consideration…

1314. The Hon’ble Supreme Court, in the case of Kartar Singh (supra)
has held thus: –

“383. Neither the Evidence Act, 1872 nor the Code, nor its
predecessor defined “confession”. This Court in Palvinder Kaur v.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
586

State of Punjab [(1952) 2 SCC 177 : 1953 SCR 94, 104 : AIR 1952
SC 354 : 1953 Cri LJ 154] ruled that : (SCR at p. 104)
“A confession must either admit in terms the offence, or at any rate
substantially all the facts which constitute the offence. An admission
of a gravely incriminating fact, even a conclusively incriminating
fact, is not of itself a confession. A statement that contains self-
exculpatory matter cannot amount to a confession, if the
exculpatory statement is of some fact, which if true, would negative
the offence alleged to be confessed.”

Therefore, confession means an admission of certain facts which
constitute an offence or substantially all the facts that constitute the
offence, made by a person charged with the offence which is the
subject-matter of the statement. In Pakala Narayana Swami v. King-
Emperor [66 IA 66, 81 : AIR 1939 PC 47 : 40 Cri LJ 364] Lord
Atkin, held at p. 81 thus:

“An admission of a gravely incriminating fact, even a conclusively
incriminating fact, is not of itself a confession, e.g., an admission
that the accused is the owner of and was in recent possession of the
knife or revolver which caused a death with no explanation of any
other man’s possession.”

Sections 24 to 30 of the Evidence Act deal with provability or
relevancy of a confession. A confession made by an accused person is
irrelevant if it appears to the court to have been caused by
inducement, promise or threat having a reference to the charge
proceeding from a person in authority. By Section 25 there is an
absolute ban at the trial against proof of a confession to a police
officer, as against a person accused of any offence. The partial ban
under Section 24 and total ban under Section 25 applied equally
with Section 26 that no confession made to any person while the
accused is in the custody of a police officer, unless it is made in the
immediate presence of a Magistrate, shall be proved as against such
person. Section 27 makes an exception to Sections 24, 25 and 26
and provides that when any fact is deposed to as discovered in
consequence of information received from a person accused of any
offence, in the custody of a police officer, so much of such
information, whether it amounts to a confession or not, as relates
distinctly to the fact thereby discovered, may be proved. The
provisions in Sections 28 to 30 are not relevant for discussion. The
fascicule of Sections 24 to 30 aim to zealously protect the accused
against becoming the victim of his own delusion or the
mechanisation of others to self-incriminate in crime. The confession,
therefore, is not received with an assurance, if its source be not omni
suspicious mojes, above and free from the remotest taint of
suspicion. The mind of the accused before he makes a confession
must be in a state of perfect equanimity and must not have been

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
587

operated upon by fear or hope or inducement. Hence threat or
promise or inducement held out to an accused makes the confession
irrelevant and excludes it from consideration. A confession made to
a police officer while the accused is in the custody or made before he
became an accused, is not provable against him on any proceeding in
which he is charged to the commission of the said offence. Equally a
confession made by him, while in the custody of the police officer,
to any person is also not provable in a proceeding in which he is
charged with the commission of the offence unless it is made in the
immediate presence of the Magistrate. Police officer is inherently
suspect of employing coercion to obtain confession. Therefore, the
confession made to a police officer under Section 25 should totally
be excluded from evidence. The reasons seem to be that the custody
of police officer provides easy opportunities of coercion for extorting
confession. Section 25 rests upon the principle that it is dangerous
to depend upon a confession made to a police officer which cannot
extricate itself from the suspicion that it might have been produced
by the exercise of coercion or by enticement. The legislative policy
and practical reality emphasise that a statement obtained, while the
accused is in police custody, truly be not the product of his free
choice. So a confessional statement obtained by the law enforcement
officer is inadmissible in evidence.”

1315. It is, thus, evident that the expression ‘appears’ connotes that the
Court need not go to the extent of holding that the violence or threat of
violence, etc. has in fact been proved. If the facts and circumstance
emerging from the evidence adduced make it reasonably probable that
the confession could be the result of threat, inducement or pressure, the
court shall refrain from acting on such confession.

1316. In light of the above referred well settled principle of law,
though there is no medical evidence available in relation to A.2 to A.4
and A.9 to A.12 in support of torture as the medical reports show that
the conditions of these accused were normal and they never made any
complaint about ill treatment, it cannot be ignored that similar were the
certificates of A.7 prior to his medical examination as per the direction
of the Court in the J.J. Hospital on 25/10/2006 wherein 11 wounds

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
588

were noted of having age of 5-7 days. Whereas, all the reports in those
earlier 5-7 days did not indicate any wounds. Thus, the medical
certificate, in which there is no mention of any torture, cannot be
believed to be true. Therefore, we have to examine the evidence
adduced by the above referred accused, except A.3, who did not enter
into the witness box. Whereas, as regards A.3, we will examine the
complaint made by him and his 313 statement.

A.2 – Dr. Tanveer Ansari

1317. A.2 was first arrested on 23/07/2006 in Cr. No. 77/2006 of
Mumbai Central Railway Police Station. He was in police custody for
75 days before recording of his confession.

Complaint

1318. On 09/11/2006, A.2 made a complaint to Session Judge stating
therein that his confession was taken forcefully by making him sign on
blank papers. They physically tortured him to make him confess.

313 Statement

1319. In his statement under section 313 of CrPC, he states that he
was taken to Byculla DCB CID Unit-III office, where they started
beating him and asking him something which he has nothing to do.
They were beating him very ruthlessly and asking him the Railway
Blast thing which he has nothing to do and which he told them very
honestly but they were not listening to him and then when he was
severely injured at side of left ear and eye side and his face was swollen

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
589

and his nose and gums were bleeding and whole body was hurt and
paining then they stop beating and then police officer Mr. Hargude and
other police personnel transferred him from the DCB-CID, Unit-III to
DCB-CID Unit II, Jacob Circle, Saat Rasta, Mumbai.

1320. He further states that during this period, police officers Mr.
Hargude, Mr. Azam patel, Mr. Shashtri, Mr. Arif Patel and other
officers whom he doesn’t know by name, but he can recognize them if
they again came before him, made enquiries with him and tortured him
very severely. He can’t forget their inhuman, unpredictable and brutal
and ruthless methods of tortures which they did to him.

1321. He further states that Mr. K.P.Raghuvanshi and Mr. A.N.Roy
also enquired with him. Mr. A.N.Roy started beating, kicking with his
leg and hand to him and tortured him and told the police officers to
book him in the case.

1322. He further states that when he was in police custody of A.T.S.
Mumbai, he was constantly tortured mentally and physically even he
told them that he is innocent and nothing have done wrong and being
a Doctor his job and nature is to save lives, not to kill people.

1323. He further states that but the A.T.S. officer Mr. Kolhatkar, Mr.
Sachin Kadam, Mr. Gaikwad, Mr. Varpe, Mr.. Mandge. Mr.
Dhamankar, Mr. Khanvilkar, Mr. Tajne, Mr. Bhawdhankar, Mr. B.B.
Rathod, Mr. Iqbal Shaikh, Mr. Wadhankar, Mr. Vijay Kadam, Mr. R.R.
Joshi, Mr. M. Agarwal, Mr. Khandekar, Mr. Tawde (A.C.P.), Mr.
shengal (ACP), Mr. S.L. Patil (A.C.P.), Mr. Naval Bajaj (DCP), Mr.
Jaiswal (Addl. C.P.), Mr.P. Raghuwanshi (Jt. C.P.) and then the C.P. of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
590

Mumbai, MR. A.N. Roy, and many police havaldar and constables such
as, Joshi, Bhai commander, Jadhav, Amit, Tekavle, Indap, Sanjay,
Avinash, Adam and many whom he remembers by face. These people
tortured him day and night, pressurised him and took his signature on
blank papers and on which something was written in Hindi and on
some papers in Marathi but he was not allowed to read those papers
before they took signature. In fact, he was never allowed to read any
written papers, on which they took his signature.

Ocular Evidence of A.2

1324. A.2 entered into witness box as DW-41. He deposed that he
went for his duty at the hospital as usual on 20/07/06 and after taking
the rounds during the day, was tackling an emergency case in the ICCU
at about 7.00 – 7.30 p.m., Dr. Atiya was with him. Some persons in
plain clothes came and took him to the Unit-III of the DCB CID at
Byculla. They tied him to a chair in the office and started beating him
by hands and belt without giving him any opportunity to speak. There
was great pain in his left eye and it started swelling and bleeding started
from his nose and gums because of a forceful blow given by Shastri.

1325. Officer Hargude started making inquiry with him about the
blasts without asking his name and address. He told him that he does
not know about it. He told A.2 that they knew everything about him,
that he had a case of SIMI against him. He should tell them correctly as
to who have done the blasts. He started abusing and threatening A.2
that if he does not tell the truth, they will beat him more and hang him.
Azam Patel and Shastri again started beating him.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
591

1326. He deposed that there is a room 6′ x 4′ on the back side of that
office. Two constables took him to that room, removed all his clothes
and started beating him by flour mill belt, saying that they would hang
him to the hooks and would do his encounter by shooting him, which
they have done earlier with many people. They abused and threatened
him repeatedly asking him as to who had done the blasts and he was
not allowed to go home or to go outside for having food.

1327. He further deposed that Officer Hargude took him in handcuffs
and veil on his face to Nagpada in the night of 22/07/06. They took
him to a room in that police station. There were three persons, one of
them was A.3 – Faisal. He was taken to a room attached to that room
after some time. He was made to sit on the floor in front of CP
A.N.Roy. He asked him about the blasts and he (A.2) told him the
same things and the history about his whereabouts before, during and
after the blasts. CP A.N.Roy started beating him by legs and hands. He
started shouting and crying. Two constables caught him. He told them
to take him away and book him in the case. He used filthy language
and abused him. He came to know later on that out of the persons he
had seen there, K.P. Raghuvanshi was one. Hargude took him back to
the office of Unit-II and he was illegally detained there upto 24/07/06
and was tortured throughout the day by different means like keeping
him naked, starving him, not providing medicines for his injuries, not
showing him to any doctor or taking him to any hospital. They did not
produce him before any court. Many officers other than the DCB CID
officers used to interrogate him during this period in a room by the side
of the main building. He used to be beaten there by flour mill belt and
then interrogated. He was not allowed to meet his family members.
Handcuffs were put on his hands and legs also.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
592

1328. He further deposed that he was suddenly taken out after
midnight on 24/07/06 by the officers of the DCB CID and taken to
the ATS office of the Kalachowki. He was not told anything as to why
he was detained and where he was being taken. He saw some officers
there, whose names he came to know later on as B.B. Rathod, R.R.
Joshi, ACP Shengal and 3-4 constables. They interrogated him about
the blasts throughout the night and tortured him and threatened not to
tell anyone about the torture. He told them the same things. He was
taken to the Mazgaon court at about 10.00 a.m. in handcuffs and veil
and threatened not to say a single word or else they would do his
encounter and torture his family.

1329. He further deposed that he was taken to Kalachowki and put in
a room having double doors. The room had air conditioner and tiles on
the floor. His clothes were removed and the AC was switched on full,
the flaps were pointed downwards and he was kept in that room for a
long time and thereafter taken out and handcuffed in the outside room.
He met DCP Nawal Bajaj in that room during police custody, who
introduced himself, inquired with him and he told him all that he
stated above. The ATS constables used to come inside and torture him
as soon as Naval Bajaj left.

Conclusion

1330. The above referred ocular evidence of A.2 and his 313 statement
give a detailed account of torture. The prosecution, while cross-
examining A.2, except giving suggestions nothing could be brought on
record contrary to the evidence of A.2. Thus, it can be said that the
evidence of A.2 remained intact and unshaken. In these circumstances,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
593

in view of the language of section 24 of Indian Evidence Act, the
confessional statement of A.2 – Tanveer is inadmissible as it appears to
have been extorted by torture.

A.4 – Ehtesham Qutubuddin Siddique

Complaint

1331. In his complaint dt. 9/11/06 to Session Judge, A.4 has stated
that on 13th September 2006, Raghuvanshi ATS chief told him that
ATS is falsely implicating him in this case. That he must plead guilty,
and that he will be released after four to five years of imprisonment.
ATS Chief promised to give him 25 lakh rupees in cash, afterwards,
ATS Chief also assured him that after his release from jail he would
help him to get settled in some other part of the country to lead a
respectful and peaceful life. ATS Chief warned him that if he doesn’t
plead guilty, he would face the consequences and would have to face
the torture. That ATS Chief also said that his family members would
come in problem and that ATS will also harass and torture his family.
Then they took him to ATS, Bhoiwada and Kalachowki. A.4 further
states that he was tortured 3rd degree from 15th September 2006 to
6th October 2006 and his narco test analysis was also done for 3rd time
between the said period.

1332. Further, A.4 states the ways in which ATS used to torture him in
police custody. He was made to sit down on the floor and both hands
were tied. Thereafter, his both legs were stretched in the opposite
direction in direction of 180 degree. This maltreatment was repeated
continuously. He was given shock treatment by making him naked.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
594

There was one machine for giving shock treatment. They used to tie
wire on his leg’s thumb then they used to give shock treatment at
regular intervals. That he was also given shock on his private part, at
regular intervals. That they used to tie him upside down (i.e reverse)
and his both hands were tied by rope. Then they used to pour water in
his nose at regular intervals. They used to ask whether he was pleading
guilty and used to continue with the same torture when he used to
deny pleading guilty. The above torture was given to him often
between his arrest period till 6/10/2006. They warned him that if he
does not sign the confessional statement, his brother and father will
also be involved in the bomb blast case. They also warned that ladies
members of his family would be brought by them and thereafter they
would be molested. A.4 states that he was forcibly made to sign on
some ready made statement/document and some blank papers.

S.313 Statement

1333. In his handwritten 313 statement, A.4 states that on
dt.28/07/06, ATS chief KP Raghuvanshi met him and asked some
questions, to which he denied any involvement in the blast. That ATS
Chief directed ATS officers Shailesh Gaikwad, Vilas Joshi and Kishan
Shengal to torture him so that he cannot be identified. They removed
all the clothes from his body and made him fully naked. They tied the
electric wires on his private part and also tied the wires in his thumbs of
both legs and passed the heavy current in those wires by a current-
supplying machine. He was made to sit down on the floor, they tied his
both hands to his back. A constable kept both his legs in between A.4’s
back and hands and two other constables stretched his legs in opposite

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
595

directions so that both legs made an angle of 180°. They also beat him
with belts. This all torture continued up to 2 hours.

1334. A.4 further states that during the period of police custody, when
the officers produced him before the court, they threatened him not to
complain against the police, otherwise, he would be tortured more.
That this threat was given to him up to 09.10.06. ATS officers also
produced him before medical officers at KEM Hospital various times
between 29.07.2006 to 9.10.2006. At that time, they also threatened
him not to make any complaint against the police otherwise be ready
for dire consequences. Initially on 04.08.2006, he made complaint of
police torture before medical officer of KEM Hospital. That he
complained pain in thigh due to police torture, medical officer referred
him to orthopedic department. X-rays were taken out of whole body.

1335. A.4 further states that after this complaint, he was taken to ATS
chandan chowki, where again he was severely tortured. Police inspector
Sunil Deshmukh tortured him with 3rd degree methods and threatened
him that if he made any further complaint, his brother and father
would also be arrested in this case. ATS officers, including DCP Naval
Bajaj had conducted a narco test at ATS office, Chandan Chowki Unit
in the presence of an officer from FSL Mumbai who had a mark of
chickenpox on his face. Due to abovesaid torture and threatening, he
never complained anywhere further except on 6.10.2006 when he was
taken to Sion Hospital. The doctor (PW-171) had advised for chest x-
ray, CBC and urine test. But these test were not conducted.

1336. A.4 further states that on 24.08.06, he was taken to DCB CID
Unit-II at Saat Rasta where he was tortured with 3rd degree methods by

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
596

PI Hargude and PSI Azam Patel. On 25.08.2006, he was produced
before additional CMM Mazgaon and taken back to ATS office
bhoiwada. Again on the same day, he was taken back to DCB CID unit-
II by police officer Dabhade, where he was again tortured by PI
Hargude and PSI Azam Patel. On 26.08.06, he was taken back to ATS
office Bhoiwada.

1337. A.4 further states that on 13.09.2006 when ATS Officer
Khandekar was taking him to ATS office, Khandekar told him that he
had told everything about the blast in the Narco Test. He was surprised
on hearing that when he was not involved in the blast then how could
he tell everything about the blast. He was directly taken to Nagpada
Head office. K. P. Raghuvanshi took him in a separate room and told
him that he will have to accept everything that they are saying.
Raghuvanshi also told him that if he accepts the story of ATS then he
will be released very soon. A.4 told him that he will not accept
anything which he did not do. K.P. Raghuvanshi threatened A.4 that, if
he does not accept the crime then he should be ready to face horrible
things for his family members and also face third degree torture. He
also induced A.4 by giving promises of huge amounts and a settled life
in any part of the country. When A.4 refused, he told A.4 that he has
pressure to solve the case, and that therefore A.4 had to accept the
crime. He called PI Vasant Tajne and handed over A.4 to him. PI Tajne
(PW-161) took A.4 to Kalachowki where he was tortured in the
following ways :- He was made to sit down on the floor, with both
hands tied on the back. One Constable kept his both legs between A.4’s
both hand and back. One side of two separate ropes were tied near the
ankle of both legs, two constables pulled the ropes in opposite
directions so that both legs made an angle of 180o. ATS officer PI

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
597

Khanwilkar (PW-168) used to beat him on the palms of both hands
and sole of both legs with a flour mill belt, when he got tired he
directed to other Constables, who then beat A.4 more severely so that
the color of palm & sole become blue. ATS officers removed all his
clothes and made him completely naked. First they tied two separate
electric wires on both thumbs of his legs and passed the current, then
they tied a wire on his penis also, and passed the current by a Current
Supplying Machine. ATS officers used to tie him upside down. His
both legs used to be tied to an iron rod and both hands used to be tied
on the back side, then they poured the water at regular intervals.

1338. A.4 further states that they also used to threaten him that, if he
does not plead guilty, lady members of his family will be molested.
That his father and brother would also be booked in this case. These all
things happened from 13.09.2006 to 25.09.2006. During this period
ATS Chief K. P. Raghuvanshi, ATS officers S.K.Jaiswal, Jaijeet Singh
and Naval Bajaj also threatened him and tortured him with a belt. PI
Tajane, Khanwilkar, API Kolhatkar and PSI Sachin kadam tortured him
with third degree methods on the direction and supervision of the
Senior officer. C.P. A.N.Roy (PW-185) also tortured him with a belt.
These all things happened at Kalachowki, Bhoiwada. On 25.09.2006,
ATS officer again took him to Bangalore for a Narco test. Dr. S. Malini
conducted the Narco test at all times.

1339. A.4 further states that one day Addl. CP Jaijeet Singh called him
on the 2nd floor of Bhoiwada office and told him that if he would
accept what they are saying, then they will not torture him. A.4 said
him why he should accept that which he has not done. He told A.4 that
he has accepted all the facts in the Narco Test, to which he told

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
598

Addl.C.P Jaijeet Singh to show him the CD of the Narco Test. When
he showed the CD, A.4 immediately recognised that the video CD was
edited because he has some knowledge of video editing. When he told
him that this is an edited video, he became angry and removed his
shoes and beat A.4 with his shoes on his head until there was bleeding
in the head.

1340. A.4 further states that on dt.05.10.06, he was taken to the office
of DCP Zone-IV in the evening by PI Tajne. When DCP asked him to
give a confession, he refused to make a confession, then he was taken
back to the Bhoiwada ATS Office. The whole night, he was tortured by
PI Tajne and other constables with all the methods of torture. Second
day i.e on 06.10.2006, in the morning he was again taken to the DCP
Zone-IV office. On this day the behaviour of DCP Karale (PW-104)
was totally changed. He had two printed pages with him. He gave these
two pages to A.4 for reading and signing. That on reading he told A.4
that the answers of all questions are totally wrong. He told A.4 that he
has to sign otherwise he will torture him more severely than ATS. PI
Tajne and PSI Deore were also present there. They took his signature
forcefully on both pages. API Randive (PW-106) took him to the Sion
Hospital for medical checkup. He made the complaint of torture to the
medical officer and the medical officer had advised for CBC, Chest X-
Ray, and urine test. The advice of the medical officer was not followed.
API Randive brought him to Matunga and lodged in the Matunga
lockup. On 07-10-2006 PJ Tajane and PSI Deore and other constables
came into the lockup and took his sign forcefully on some printed
papers. In the evening, he was taken to Killa Court by API Randive and
ATS officer PSI Deore. They produced him before some person where
ATS officer Tajane and one another ATS officer were present.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
599

Oral Evidence of A.4

1341. Let us now appreciate the ocular evidence of A.4 – Ehtesham
Siddique regarding his torture in police custody. He states that the ATS
officers took him to the second floor in a room of the lockup and made
him lie down on a bench and then started beating him with a flour mill
belt. After torturing him for quite a long time, officer Shailesh Gaikwad
started asking him one question that when he had gone to Pakistan. He
repeatedly told him that he had not gone to Pakistan as he had never
gone out of India. They also checked the calls on his mobile and kept it
on the table. At that time there was a call on his mobile and he received
it. However, they snatched the mobile from him and canceled the call.
He was inquired and tortured there for two hours and thereafter taken
to Nagpada. Constable Tushar Sawant recorded his statement in the
night upto 1.30 a.m. He was handcuffed to a window.

1342. A.4 further deposes that Officers Vilas Joshi and Shailesh
Gaikwad continuously tortured him in the morning and evening from
25/07/06 upto 28/07/06. They had taken away his mobile. They had
taken his search on 24/07/06 in the night and had taken Rs. 25,000/-
that were in his pocket and PAN card and debit card and had kept them
in a cupboard. K.P.Raghuvanshi came there at about 4.00 p.m. on
28/07/06, inquired with him about the bomb blasts and as he did not
know anything about that he told him so. Raghuvanshi then directed
officers Shailesh Gaikwad, PI Vilas Joshi and ACP Kisan Shengal to
torture him to such an extent that he would not be recognizable. The
three officers then started torturing him with the help of constables,
gave shocks to his private parts, beat him by belt on his palms and soles
by making him lie down on bench and after the beating was over, two

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
600

constables banged his palms on the floor and his soles on the wall.
They did this in order to hide any signs of beating.

1343. A.4 further deposes that he was again taken to Nagpada on
dt.03/05/06. PI Vilas Joshi, PSI Shailesh Gaikwad and constables
tortured him for the whole of the day saying that he should admit
having done the bomb blasts, and when he did not say anything they
took him in front of DCP Nawal Bajaj. DCP Bajaj told him that the
officers had told him that A.4 had admitted having done the bomb
blasts. A.4 complained to DCP Bajaj that they were torturing him to
admit having done the bomb blasts. DCP Bajaj directed that those two
officers should not interrogate him. They took him to the Bhoiwada
lockup in the morning of 04/08/06 and put him in the lockup. He was
taken to the KEM hospital on that day. He complained to the medical
officer that the police have beaten him and that there is pain in his
thigh. The medical officer referred him to the orthopedic department.
His entire body was x-rayed and he was given pain killers. When he
was taken out of the hospital and put in the police vehicle, PI Sunil
Deshmukh threatened him not to complain or they would cut him. He
and other constables took him to Chandan Chowki. He was made to lie
down on a bed. Some people came there with injections and glucose
bottles and told him that they were treating him for the pains that he
had. An officer of the FSL, who had chickenpox marks on his face, was
amongst them. He told them not to give A.4 an injection, but they tied
his hands and feet to the bed. He saw that. K. P. Raghuvanshi, Nawal
Bajaj and Addl. CP Jaijeet Singh had also come there. Saline bottle of
glucose was given to him and they gave him an injection saying that a
person speaks the truth by its effect. Then they started making inquiries
with him and he gave answers. That he fell unconscious and regained

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
601

consciousness in the morning. They brought him back to Bhoiwada on
05/08/06. En route the constable told him that he was subjected to
narco test, during which the officers who inquired with him said that he
is not involved in the bomb blasts.

1344. A.4 further deposes that he was produced before the Mazgaon
Court on 14/08/06 and remanded to police custody upto 25/08/06.
That his both hands were tied to the windows behind him at Kurla and
he was kept in that position till morning. He saw in the night that PI
Salaskar and officer Phadake were severely torturing a person. He
realized that the person was by name Mohd. Alam Gulam Qureshi
when he gave evidence as PW-59 in the court. He also saw officer
Alaknure beating A.6 Mohd. Ali and taking him from there. They
brought an old person there after some time. He came to know later
that he was A.3 Faisal’s father. Officers Phadke and Dalvi and
constables forcefully removed his clothes and made him naked and
paraded him. They were pressurizing A.3 Faisal to accept the crime of
the bomb blasts or all his family members would be similarly treated.
They brought a veiled woman there, whose veil was forcefully removed
in front of all. There were other accused there. A.4 came to know later
on that they were accused Tanveer, Muzzammil and Sohail. Thereafter,
Muzzammil was tied similarly to the window that was by A.4’s side.
Faisal was taken to the cabin of PI Salaskar and he heard his loud
shouts from there. Officers Phadke, Alaknure and constables came near
him and started pulling the hairs of his beard. He was beaten by hands
and legs by all the officers and constables who went by that place.

1345. A.4 further deposes that he was then taken to the detection
room in Kalachowki. There were handcuffs fixed in the four corners of

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
602

that room and he was handcuffed to one of them. Sound absorbants
were fixed in all four corners. There were two doors to that room, one
opening outside and one opening inside so as to prevent sound from
going outside. Addl. C.P. Jaijeet Singh, API Khanvilkar, PI Tajne, API
Kolhatkar, PSI Sachin Kadam, constable Salvi and 2-3 constables came
in the room at midnight bringing rope and belt with them. They
opened his handcuffs and tied his hands behind his back and he was
made to sit on the floor with his legs stretched in front. A constable sat
behind him on a chair entangling his legs in A.4’s arms that were tied
behind. Ropes were tied to A.4’s both legs, the other ends of which
were in the hands of two officers. Two constables started stretching his
legs outwards. Addl. CP sat on a chair opposite to A.4 and continuously
asked only one question as to who had committed the bomb blasts.
Whenever he replied that he did not know, his legs used to be stretched
more and they were stretched up to 180 degrees. Addl. CP left after one
hour. Officer Khanvilkar then untied his hands and beat him on his
palms by belt, because of which his palms became blue. All left
thereafter after handcuffing him again. The AC of that room was
switched on so that he would feel the cold as he did not have any
blanket. He passed blood from the urine on the next day. He told them
to do his medical checkup as he had the problem. Officer Tajne told
him that there is no need for a medical checkup and that the problem
will be solved automatically.

1346. A.4 further deposed that he was taken to the office of PI Tajne
on the next day. Raghuvanshi, Jaijeet Singh, Jaiswal, Tajne, Khanvilkar
and Sachin Kadam were present there. Sachin Kadam was distributing
sweets to the officers and asked him whether he would eat the sweets
because their persons had done a blast at Malegaon. K.P. Raghuvanshi

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:33 :::
603

told him that he should sign some papers before a senior officer and
that they would not do anything to him. He told Raghuvanshi that he
would not sign on any falsely written thing. He was then taken to a
room by the side of the detection room. There was a handcart in that
room. He was made to lie down on it and his entire body was tied by
rope. His upper body portion was lowered, a cloth was put on his face
and they started pouring water in his nose and mouth. This went on for
about half an hour intermittently and he was feeling difficulty in
breathing. DCP Nawal Bajaj and an officer of the FSL, who had come
in the Chandan Chowki earlier, came there. They checked his blood
pressure. Nawal Bajaj then scolded the other officers and asked them
whether they wanted to kill him. DCP Bajaj said that he was not to be
killed, but was to languish in jail. He was untied and all of them left.

1347. A.4 further deposes that Tajne, Khanvilkar and Sachin Kadam
came with some constables on the next day, removed all his clothes and
tied his hands to a rod above his head. At that time he was dangling
one feet above the floor. They attached two wires to the thumbs of his
legs and one wire to his private parts. They then switched on the power
supply from a machine and they did this for about 15 minutes and then
left. He felt the shocks at the places where he was tied by the hands and
in the entire body. He was untied after an hour and made to lie down.
Those three officers returned in the night, made him sit on a chair by
the wall and fixed his head to the wall with plastic tape. They then
dripped single drops of water on his head for two hours. He repeatedly
asked them as to why they were doing so. They told him that they are
only following orders. Because of the water drops falling on his head,
there was pain in his head radiating upto the chest. He was then taken
to Kalachowki and beaten on his soles by belt. He was again taken to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
604

Bangalore on 25/09/06 by flight, kept in the lockup and Dr. Malini
conducted narco test on him on 26/09/06, which was videographed by
a cameraman, who did the same work every time. There used to be
injuries on both earlobes every time when the narco test was
conducted.

Conclusion

1348. The above referred ocular evidence of A.4 and his 313 statement
give a detailed account of torture. The prosecution, while cross-
examining A.4, except giving suggestions, could not bring any record
contrary to the evidence of A.4. Thus, it can be said that the evidence
of A.4 remained intact and unshaken. In these circumstances, in view
of the language of section 24 of Indian Evidence Act, the confessional
statement of A.4 – Ehtesham is inadmissible as it appears to have been
extorted by torture.

A.9 – Muzzammil Ataur Rehman Shaikh

1349. A.9 – Muzzamil was arrested on 27/07/2006 in Cr. No.
77/2006 in Mumbai Central Railway Police Station. He was in police
custody for 70 days before recording of his confessional statement.
According to him, his confessional statement is the outcome of and the
result of torture inflicted on him.

1350. A.9 made a complaint dt.02/11/06 (filed in the Court on
09/11/2006) to the Session Judge wherein he has stated that Crime
Branch Unit -IV handed him to ATS on 27/07/2006 and someday he
was produced in front of Magistrate Garde, who remanded him till
09/08/06. That he was taken to Bhoiwada lockup then he was made

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
605

naked and beaten day and night though he pleaded that he was
innocent but the officers become deaf, and showed him some photo
and asked him about them whom he never knew but they kept on
telling that he had to tell that he knew them and they continuously
tortured him and finally they connected him to those people whom he
never saw ever, but when he said “yes” then they relieved him for
sometime.

1351. He further states that one day ATS officers gave him some
papers and instructed him to memorize it and told him that if he
cooperates and does as he has been told to, he will be released soon, but
when he read the content of it he was shocked to know that the content
written on it was of him and the blunder was, he visited Pakistan
illegally, took arms training, knowing bomb making formula and some
bomb making formula was also there and they informed him, that he
had to go for Audio Video Recording and he had to say, as it is in the
session, he flatly refused, so they took him to torture room and started
torturing him mercilessly, they even stretched his legs to 180°. He was
crying pleading but they didn’t listen. He fainted and the pain was
beyond his bear, and this session continued. Finally, he agreed and he
did the audio video recording as per their wish. After that, they did not
allow him to sleep for two nights.

1352. He further states that on 14th August, he was sent to Kurla
along with other accused including his elder brother Faisal in the
custody of P.I Salaskar at Branch Anti Robbery Squad. These accused
were beaten mercilessly. A.9 and A.3 were made naked and then they
called his father and his Bhabhi at the Police station and his father too
was made naked in front of all of them. He & Faisal and his father were

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
606

made to stand in front of each other and his father was beaten in front
of him, he was abused and insulted. They all were pleading and crying
but the PSI Dalvi, Phadke & constable Awte didn’t listen. They called
in his bhabhi and snatched away her Burkha (veil) and used filthy
language and they forced Faisal & him to take the responsibility of the
Blast no matter they did or didn’t and if they don’t accept they warned
that she (his Bhabhi) would be molested in front of all of them whole
night. This horrifying scene was going on the whole night. His old
father, Faisal, and he were made to stand. That his Bhabhi is having a
1½ year old child and she was detained illegally for 5 days.

1353. He further states that on 16th August in the night they all were
sent back to Bhoiwada lockup there again the routine of torture started,
they all were forced to accept those things they never did. That some of
the officers agreed that all arrested accused were innocent and
commented that as they failed to find the real culprits they had to
frame the blast charges on the arrested accused because if they
discharge the arrested persons from the case, it will be a huge
embarrassment.

1354. He further states that it was a routine to go for a medical check
up every alternate day but the officer used to prevent him from saying
any medical problem to the doctor there and also warned the same
every time before going to Court.

S.313 Statement

1355. In his handwritten 313 statement dated 19/07/2012, A.9 states
that after telling the facts to officers about his Iran visit they took him
to their lockup and started beating him brutally. There they kept him

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
607

for 5 days, and every day they kept on trashing him and they use to
give him 3rd degree torture and they were pressuring him and forcing
him to admit that he was a part of Mumbai train blast and for that
reason he visited Pakistan. ATS Officer Sachin Kadam, PSI Nikam, P.I.
Chavan and Other Crime branch officers used to come and used to
torture him. At one stage, they didn’t let him sleep for 48 hours.
Everyday they use to ask him same set of questions again and again and
they use to torture him. In the same lockup he met one person called
Feroz Deshmukh, and they use to torture him before A.9.

1356. He further states that on 27th July 2006, he was taken to the
Kalachowki office of ATS, and out there he saw his brother Faisal for
the first time since his detention. He was sitting on the floor and was
handcuffed and he looked in a very bad state. After showing A.3 briefly
to him they put his veil back. After that they took them to Bhoiwada
Lock up.

1357. He further states that on 28th July 2006, for the first time they
were produced before the Hon’ble Magistrate at Mazgaon, and they
were given 14 days’ police custody. After that their police custody was
again and again extended and they were finally sent to Judicial Custody
on 9th October 2006. On 9th October 2006, he made a complaint in
the Special Court regarding torture and false allegation against them by
ATS, and retracted his confessional statement which he never gave
before DCP & he was forced to sign the statement without reading it.

1358. He further states that during his entire police custody, he was
subjected to all kind of mental and physical torture. The ATS officers
used to narrate their version of the story and they used to force him to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
608

say it before the handy camera. He used to refuse saying their false
version. But they used to torture and threaten him. Because of this
torture and pressure, he narrated the story before the handy camera.
During his police custody they used to take his signature on many sets
of paper, which had something written on them. They used to never let
him read the content written on it. They also used to take his signature
on a blank sheet of paper and for this they used to beat Faisal in front
of him. And they also used to beat him in front of his brother Faisal.

1359. He further states that during his police custody they used to take
him to different police stations and also used to take him to different
hospitals for check ups. But they never used to let him talk to any of the
doctors nor was he examined thoroughly by the doctors. In all the
hospitals out there they used to put his thumb impression on some
medical case papers.

1360. He further states that he was detained at kurla office (ATS)
where Encounter Specialist Mr. Vijay Salaskar and his team used to
brutally torture him and they use to pressure him to admit things which
he had not done. They had also detained his Father and his sister-in-
law (his brother Rahil’s wife) for 4 days. At one stage they humiliated his
father to such an extent that he was paraded naked before him and his
brother Faisal. Some of his co-accused had also witnessed the incident
and they even took his sister-in-law’s veil and while doing this they
warned him that they will go to any extent if he does not agree to
confess their version of train bomb blast. After all this assaulting and
torturing they used to put him back in the Lock up.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
609

1361. A.9 further states that he also saw his cousins Noman Sultan
Shaikh, Khalida Iqbal khan, Bilal Shaikh and Mohsin Khan in the same
Lock up. A.T.S officers used to torture his cousin Noman Shaikh in
front of him and they used to beat and threaten him that if they don’t
agree to their version of story then they will implicate all of them in the
7/11 blast Case.

1362. A.9 further states that he was approached by ATS officers and
they tried to convince him that he should become their approver in this
case and in return they promised him that he will be given special
facilities and they will go soft on him in this case. The Jail Officers also
tried to coax him to be an approver. When he refused, the Jail Officials
and Staff started harassing and threatening him. Later on they wanted
to shift him to other jail, and he also came to know that they were
doing something to his other co-accused, and when they all refused to
go some other Jail without the permission of the court, they started
beating them brutally and they forcefully shifted them to different jails
(Nagpur, Kolhapur and Ratnagiri).

Oral Evidence of A.9

1363. A.9 deposed that PSI Nikam, PI Chavan, Sachin Kadam and
many other officers tortured him continuously for five days. They
tortured him to such an extent that they did not allow him to sleep for
48 hours. They used to beat him on his legs, back and used to ask him
to admit what they say about him and his brother. He was not taken for
medical examination during this period and was not produced before
any court.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
610

1364. A.9 further deposed that he was produced in the court at
Mazgaon in the morning on 28/07/06, before he was threatened that
he should not say anything and keep quiet and he should tell the court
that he has no problem. He tried to speak in the court, but was not
allowed. They were brought back to Kalachowki and he was tortured
sometimes at Bhoiwada and sometimes at Kalachowki. He was taken to
the torture room on the second floor of Bhoiwada on 12/08/06, where
many police officers had come. They were A.N. Roy, Raghuvanshi,
DCP Nawal Bajaj, Pl Kolhatkar and many others. These superior
officers also beat him on that day. The only reason for which he was
being beaten was to narrate their story about his involvement in the
bomb blasts. He was continuously tortured and his cousin sister
Khalida was also brought there many times and made to sit for long
periods. ACP Patil continuously threatened her that she would also be
involved in the case. He did not meet his parents during this period.
He was taken to different chowkis during the police custody period.

1365. A.9 further deposed that he and some of his co-accused were
taken to the Kurla Crime Branch office and kept there from 13th to
16/08/06. His father and sister-in-law Rifah Rahil Shaikh were also
detained there for the said four days. His father was tortured and
stripped naked before his co-accused. He does not know since when
they were kept there and why they were kept there. They beat his father
and misbehaved with his sister-in-law by pulling her veil. The team of
Vijay Salaskar, PSI Dalvi, API Phadke, Salaskar and other policemen
tortured them and told him that if he does not accept their story they
would go to any extent with his sister-in-law and used bad words in her
connection.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
611

1366. A.9 further deposed that his police custody remand was
extended from time to time for 85 days and he was beaten and
threatened before being produced every time before the court not to
say anything to the court. He was taken for medical checkup many
times during police custody, but was not physically checked by the
doctors, not allowed to speak with the doctors, the veil was not
removed at any time, but only his thumb impressions were taken.
There was no necessity of telling the doctors about the torture, because
the injury marks were visible, but even then the doctors did not ask
him anything.

Conclusion

1367. The above referred ocular evidence of A.9 and his 313 statement
give a detailed account of torture. The prosecution, while cross-
examining A.9, except giving suggestions, could not bring any record
contrary to the evidence of A.9. Thus, it can be said that the evidence
of A.9 remained intact and unshaken. In these circumstances, in view
of the language of section 24 of Indian Evidence Act, the confessional
statement of A.9 – Muzzammil is inadmissible as it appears to have
been extorted by torture.

A.10 – Suhail Mehmood Shaikh

1368. A.10 – Suhail Shaikh was arrested on 25/07/2006 in Cr. No.
77/2006 in Mumbai Central Railway Police Station. He was in police
custody for 73 days before recording of his confessional statement.
According to him, his confessional statement is the outcome of and the
result of torture inflicted on him.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
612

Complaint

1369. In November 2006, A.10 made a complaint to the Session Judge
stating therein that on 21/07/06 around 10’o Clock in the morning
Crime Branch unit-II Bombay came to his residence at Pune, picked up
him along with his passport, and escorted him to government rest
house at Pune. There was room where he was taken in and tortured and
beaten rigorously for nearly ½ an hour and they mention a name Rahil
(grant road), Faisal, whom he didn’t know. They even ask him about
his visit to Iran, which he told them that he visited in November 2002.
Then he was taken to the Bombay at saat rasta police station in
Bombay. There he was kept illegally till 24th July.

1370. It is further stated that during this period he was beaten and
tortured again, his food, water and sleep was prevented, beside him
there were other people, who were beaten and thrashed, among them
one old man was also there. Crime Branch mentioned few more names
to him and ask him about them, whom he didn’t saw ever. Later his
statement was taken and in that he was shocked to know names were
added as well mentioned in it that he not only know them but even he
met them, but when he denied, he was beaten more, finally he had to
say yes, out of fear.

1371. He further states that, on 26th July, he was produced in the
court in front of Magistrate, who remanded for 14 days PC then it was
routine to get PC in the name to an inquiry into an investigation for
nearly 75 days of ATS custody.

1372. He further states that on 14/08/2006, he was sent to Kurla in
Officer Vijay Salaskar’s custody, along with other accused. That was the

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
613

time he saw the other accused, Faisal, Muzammil, Dr. Tanveer,
Ehtesham and Zameer and it was the first time, he saw them at such a
close distance. There at Kurla ATS office, Officer Phadke, Dalvi and
constable Awate, started beating and torturing him and the other
accused. They forced and made Faisal and Muzammil naked and their
old father Ataur Rahman naked too, and beat them with the belt in
front of each other. It was the worst moment of his life. He was shaken,
the father and young sons, standing naked in front of each other, they
were pleading and sobbing, and worst part is that one of veiled lady of
Faisal’s family was called in, her veiled was snatched apart from her and
the officer used filthy language and forced Faisal to take the
responsibility of the Bomb Blast, if not, she will be molested in front of
them. Faisal and Muzammil pleaded before them like small kids, this
scene was horrifying. The whole night, all were made to stand and
Faisal, Muzammil, and their father were standing naked till morning,
and the joke was that in the morning, the same officers were celebrating
Independence Day.

S.313 Statement

1373. In his 313 statement, A.10 states that on 21st July 2006, 10 a.m.
in the morning, DCB CID Unit-II’s team of officers and Constables
came to his house under the guise of enquiry, they took him in their
custody, searched him, and took his mobile from his trousers’ pocket.
After that they searched his house illegally and found his Passport,
which they took in their custody. Then they took him to the
government’s Rest house in Pune near Circuit House. There he was
beaten mercilessly for half an hour. Then from that Government’s Rest
House he was brought to Bombay at Crime Unit II-Saat Rasta Police

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
614

Station. He was kept illegally there upto 24th July 2006’s night, then in
the night he was handed to the ATS.

1374. It is further stated that during the 21st to 24th July 2006, he was
beaten mercilessly with sticks on the soles of his legs. He was made
naked and hung inverted sometimes. He was beaten with the flour-mill
belt. He was made to stand whole night without food, water, and sleep.
He was tortured, humiliated physically and mentally. Some kind of
Chemical was injected into him, and then he was questioned. He was
then handed over to ATS on the night of 24th July 2006. From Saat
Rasta, he was taken to Bhoiwada lock up. Again, the routine of
beatings, torture, humiliation was continued and meted out. Then on
26th July, he was produced in Mazgaon Court in front of Hon’ble
Judge Mr. Garde, who gave him in the custody of ATS for 14 days. The
ATS said the date of his arrest is wrong and a lie, he was kept illegally
from 21st to 25th of July 2006. In these 5 days of illegal arrest, he was
not checked medically.

1375. He further states that on 26th July the ATS obtained his
Custody from Mazgaon Court, and then it was routine to get his
custody, under the guise of 7 different offences and Blast. Then finally,
after 80 days of total custody, MCOCA was invoked and declared that
the offence was “SINGLE LARGER CONSPIRACY”. During the
custody of ATS, he was constantly tortured, the ATS officers Mardke,
Kolhatkar, Sachin Kadam, Khanvilkar and others assaulted him saying
that he had committed the bomb blast. They pressurized him for giving
Confession. During this period, they obtained his signature on some
blank pages as well as some written documents. The contents of those
written documents were never explained to him.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
615

1376. It is further stated that, while in police custody after torturing
him mentally and physically, he was taken to medical officers at some
hospital. However, neither he was questioned by the medical officer
nor he was properly or thoroughly examined. The accompanying ATS
officers used to provide all the information to the concerned medical
officer on some occasions.

1377. It is further stated that while in police custody, in order to put
further mental and psychological pressure and to torture him, he was
handed over to the Squad of Police officers Vijay Salaskar and he was
detained under his custody at Kurla Office. There also he was assaulted,
ruthlessly beaten and brutally tortured. He was made to stand the
whole night-handcuffed with the window bar. The said torture he had
put in writing infront of Hon’ble Judge M.M.Bhatkar, which is Exh.
K.1. dated 9/11/2006. These all inhumane treatment and physical and
mental third degree torture created an immense pressure on him. It was
enough to succumb and to agree and take responsibility for any offence
and crime doesn’t matter whether he had committed or not.

Oral Evidence of A.10

1378. A.10 deposed that he was handed over to the ATS on 24/07/06.
he was continuously beaten from 21st to 24/07/06 and made to stand
for the whole night with his hands tied above. He was not given food
and water and was continuously asked about his Iran trip. He was
beaten by belt on the soles of his legs. He was taken to the Bhoiwada
ATS office on 24/07/06, kept separate in room no. 2 on the first floor.
He was then sent to the 2nd floor. He does not know the name of the
officer, but he stripped him naked and beat him by belt for a long time,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
616

then asked him to wear his clothes and then inquired with him. He was
not allowed to sleep for whole of the night.

1379. A.10 further deposed that officers Bagwe, Tonpi, Rathod, Sachin
Kadam and Dinesh Kadam beat and tortured him and inquired with
him for the whole of the day on 25/07/06. He was not taken to any
hospital from 21st to 25/07/06. He was produced before judge Garde
in Mazgaon court on 26/07/06. He remanded him to 14 days police
custody. His beating and torture continued after return. He was made
to sit on the floor and his legs were stretched 180 degrees. He used to
shout and cry. He was taken to KEM Hospital on 27th or 28/07/06
and before he was taken in front of the doctor, the officer and constable
who had taken him there, threatened that if he complained about his
physical condition and trouble, they would beat him and torture him
more than before. Nothing happened after he returned back from the
hospital.

1380. He further deposed that he was taken out of his cell on
02/08/06 and taken to the second floor. Commissioner Roy, Jaijeet
Singh, Bajaj, Sunil Deshmukh, Khanwilkar, Sachin Kadam and other
officers were present there and when he reached there he saw A.2, A.3,
A.9 and A.11 sitting on the floor without clothes. He was also stripped
and they all were beaten by belt on the palms and soles. This continued
upto afternoon after which he was sent back to his cell. They were
taken to the KEM Hospital after every two days during this period on
condition that they should not talk with each other, not make any
complaint to the medical officer and not tell him about any physical
problem if asked. If sometimes the medical officer asked them, the
officer or constable used to reply that there is no problem. It usually

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
617

happened that the doctor did not ask them anything, but obtained our
thumb impression.

1381. He further deposed that he, A.2 – Tanveer, A.3 – Faisal, A.4 –
Ehtesham and A.9 – Muzzammil were taken to Kurla Police Station on
14/08/06 to the Anti-Robbery Cell. Officers Dalvi, Phadke, Awte and
some officers and constables, whose names he does not remember now,
took him to a separate room, stripped him and beat him heavily. He
was handcuffed to a window. He saw Tanveer, Faisal, Ehtesham and
Muzzammil also handcuffed in the main hall and being beaten. This
was going on till late night. The A.3 and A.9’s father was brought there
along with a veiled woman member of their family. They (accused) all
were naked at that time and the officers and constables were using
filthy and dirty language. They stripped A.3’s father’s clothes, abused
and misbehaved with him. Officer Dalvi scolded the woman and used
bad language and took off her veil. The A.3 and A.9 were beaten
heavily during this period. They were pleading and crying on seeing
the misbehaviour with their father. When their father tried to hide his
modesty, he was beaten on his hands and told to hold the hands high.
The officers were threatening the A.3 and A.9 to tell what they did and
even if they do not know they should take the responsibility of the
blasts and that their father would take the responsibility. They also
threatened him to take the responsibility of the blasts or else they
would bring his women family members there and would strip them in
their presence and the drug addicts would be asked to molest them. It
was continued during the whole night upto the next morning. They
were handcuffed to high windows so that they could not sit or sleep.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
618

1382. He further deposed that Officer Mandke beat him continuously
after 17/08/06 for many days and used to utter bad words about
Prophet Mohammad and say bad things about Islam. He harassed him
mentally and physically in such a manner that he thought that he had
hatred not only against him but against entire Islam and his interaction
was not connected with interrogation. He was produced every ten days
or fifteen days in the Mazgaon court before Judge Garde, prior to which
the officer or constable taking him there used to warn him not to make
any complaint and used to threaten him that if he complained he
knows the consequences as he is in their custody.

Conclusion

1383. The above referred ocular evidence of A.10 and his 313
statement give a detailed account of torture. The prosecution, while
cross-examining A.10, except giving suggestions, could not bring any
record contrary to the evidence of A.10. Thus, it can be said that the
evidence of A.4 remained intact and unshaken. In these circumstances,
in view of the language of section 24 of Indian Evidence Act, the
confessional statement of A.10 – Suhail is inadmissible as it appears to
have been extorted by torture.

A.11 – Zameer Ahmed Latifur Rehman Shaikh

1384. A.11 – Zameer Shaikh was arrested on 25/07/2006 in Cr. No.
77/2006 in Mumbai Central Railway Police Station. He was in police
custody for 72 days before recording of his confessional statement.
According to him, his confessional statement is the outcome of and the
result of torture inflicted on him.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
619

1385. A.11 made a complaint of torture to the Special Court on
dt.02/11/2006 (filed in the Court on 09/11/2006) wherein he has
stated that during the Police Custody Remand, it was a routine to abuse
and torture physically and mentally. That he was provided with written
papers to memorise by pressure and coercion and made to say as per
contents for audio and video recording. That before the DCP, he was
told to sign some papers without allowing him to read. On refusal to do
so, he was warned of further police torture. A.11 further states that DCP
himself accepted in front of him that he has ample pressure from higher
authority to do so.

S.313 Statement

1386. In his handwritten 313 statement dt.18/07/2012, A.11 states that
he was duly interrogated by the officers of the Crime Branch with
regard to his movements on 11th July 2006, his mobile and call details.
He cooperated with police officials and gave all the required details
asked by them. During this period, police officer Mr. Hargude made
enquiries with him and tortured him by Hi-tech methods physically
and mentally. That on 26/07/2006 he was threatened by police officers
of ATS for not complaining when he was to be produced before the
Metropolitan Magistrate court for remand. At that time he was
frightened and was under tremendous pressure.

1387. He further states that during the period of his police custody
with ATS, he was constantly tortured physically & mentally. The ATS
officers assaulted him saying that he had committed the bomb blast.
During this period, through torture they obtained his signatures on
some blank pages as well as on some written documents. The contents
of these documents were never explained to him. They also forcefully

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
620

video recorded him making statements which were provided by the
ATS officers. The harassment didn’t end till police custody but when he
was in Judicial Custody he was approached by ATS officer Sachin
Kadam to become an Approver and implicate others with the promise
of money as well as early release.

1388. He further states that during his police custody period, after
torturing whenever he was taken to hospital for medical check-up, he
was threatened beforehand that he should not complain to the medical
officers, by the accompanying ATS personnel, however neither was he
questioned by the medical officers nor was he properly examined. The
accompanying ATS personnel used to provide all the information to
the concerned medical officer. On some occasions on seeing his
dilapidated condition he was referred to another department where he
was never taken. Medical paper exhibit – shows this malpractice. And
due to fear he used to keep quiet before the medical officer as well as
before the Hon’ble Court whenever produced.

1389. He further states that before his arrest in this case he had heard
the name of encounter specialist police officer Mr. Vijay Salaskar.
During his police custody for the purpose of torture, he was sent there
firstly on 14/08/2006, where he saw A.3, A.2 & A.10. There they were
tortured physically along with him by PI Salaskar and his staff namely
Mayekar, Alaknure, Phadke. Due to the torture, his condition
deteriorated there and for that reason he was urgently sent back to
Bhoiwada Police Station in the night between 14th and 15th August
2006, to avoid any legal complication that might have arisen due to his
health problem.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
621

Ocular Evidence of A.11

1390. A.11 entered into the witness box as DW-45. He deposed that he
was handcuffed to an iron table in a big room in the Crime Branch,
Unit-II office. There were many such people handcuffed there,
including two handcuffed to his table. We were taken one by one
before a superior lady officer at about 10.00 or 11.00 a.m, whose name
he came to know later on as Meera Borwankar. He was taken before her
when his turn came and she asked him about his name, address, work
and Iran visit. He gave all details to her. He was thereafter taken to a
dark room, where 2-3 persons like him were present without clothes. A
policeman in civil dress undressed him. They were made to stand
opposite each other with their hands stretched above the head and then
he went away without giving them their clothes. A policeman came
after 1-2 hours and gave him his clothes. Till that time the others had
been taken out and he was alone there. He was taken to a backside
room where 3-4 persons were sitting on the floor by the side of the
bench. He heard sounds of torture from a nearby room and persons
were taken there one by one. He was taken inside when his number
came, stripped and beaten by flour mill belt on his back, buttocks and
legs. He had not eaten anything since morning, therefore, his health
deteriorated.

1391. A.11 further deposed that he pleaded his ignorance, therefore, he
was again taken back to torture room, ropes were tied to his legs and
they were stretched 180 degrees twice or thrice. He was then
handcuffed to a table as his health deteriorated more and kept in the
same position for the whole night. He was not able to eat the roti and
daal that they gave him, till the evening on 22/07/06. He was again

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
622

taken to the torture room in the evening, made to sit on the floor
outside the room. He saw a boy being carried out from that room. He
saw the apparatus of saline hung there when he went inside. He was
forced to lie down on a bed type table and a needle was forced in the
backside of his hand. Some items were attached to his chest and
stomach. There was an electronic appliance that was connected. Water
like substance was administered through the needle. There were 3-4
persons in civil dress there. One out of them having a French beard,
gave an injection in the needle. He became unconscious within 10-15
seconds. He realized that it was the afternoon of the next day, i.e.,
23/07/06 when he regained consciousness and he was handcuffed in
the other room to a table.

1392. A.11 further deposed that he was taken to Kalachowki sometime
during the period of three days thereafter. He was handcuffed to a ring
out of four rings on the door in a room. He was kept sitting there for
the day and taken back in the evening. This happened twice or thrice
upto 31/07/06. He was called on the upper floor in the afternoon on
31/07/06, where other people were being interrogated and he was also
interrogated. He was taken to a room in a corner, undressed and beaten
severely by belt on back, buttocks and feet. He saw the agent Fahim @
Raju standing handcuffed in that room, his condition was not good and
he appeared frightened. A.11 was tortured severely and was not able to
even stand properly. He asked an officer to give him some medicine,
but he said that he would get him treated from a doctor. However, he
was not given any treatment though a person in civil dress had come
there and the officer had told him to give him medical treatment.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
623

1393. A.11 further deposed that he was not taken for medical
examination to any hospital except KEM for the so called medical and
Kalachowki, He had not given any memorandum and had not taken
the police anywhere and there was no recovery from him during this
period. He was made to run in the night of 31/07/06. He was not given
any medicine or medical treatment on 31/07/06 or 01/08/06. He was
again undressed and tortured in the room upstairs on 02/08/06. A.N.
Roy and a Punjabi officer wearing a pagdi were also there. He was
taken running to a last room and asked to bang his hands on the floor.
He had seen the A.2 at that time. The torture continued off and on
upto 14/08/06 in the name of interrogation. He was taken to Kurla in
the evening of 14/08/06. A constable showed him an officer and told
him that he is Vijay Salaskar and had done many encounters and that
he should tell the truth to him. There were other officers there
including Alaknure. He saw A.2, A.3 and A.10 there and two ladies,
one in salwar kameez and one in burkha. He was beaten there by sticks.
He became semi-unconscious because of the severe beating.

Conclusion

1394. The above referred ocular evidence of A.11 and his 313
statement give a detailed account of torture. The prosecution, while
cross-examining A.11, except giving suggestions, could not bring any
record contrary to the evidence of A.11. Thus, it can be said that the
evidence of A.11 remained intact and unshaken. In these circumstances,
in view of the language of section 24 of Indian Evidence Act, the
confessional statement of A.11 – Zameer is inadmissible as it appears to
have been extorted by torture.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
624

A.12 – Naveed Hussain Khan

1395. A.12 – Naveed Khan was arrested on 30/09/2006 in Cr. No.
156/2006 in Mumbai Central Railway Police Station. He was in police
custody for 24 days before recording of his confessional statement.
According to him, his confessional statement is the outcome of and the
result of torture inflicted on him.

Complaint

1396. On 09/11/2006, A.12 made a complaint to the Session Judge
stating therein that on 20th Oct, 2006 a false and doctored Compact
Disc was played before him and when he objected that it is a
manipulated version of his narcoanalysis test, they started abusing him
and hitting him with belts. Inspector Tajne and Addl. C.P Jai Jeet singh
beat him with sticks and kicked him. Jaijeet Singh kicked him on his
face. He was forced to do a 180° stretching of his legs due to which he
bled urine for 3 consecutive days.

S.313 Statement

1397. A.12, in his statement under section 313 of Cr.PC, states that he
was remanded in police custody till 13th Oct. 2006. After the arrest, he
was taken to kala chowki ATS police station and interrogated about his
movements on 11-07-2006, his mobile and call details. He cooperated
with the polices officers and gave them all the details asked by them.
During this period, officers Mr. Vasant Tajne, Mr. Arun Khanvilkar,
Mr.Sachin Kadam made inquiries with him. The whole day these
officers used to ask him about SIMI, whether he went for training or
not and what he knew about the train blasts. He used to tell them that
he did not know anything about it. So they used to beat him with sticks

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
625

and belts and used to kick & punch him. He used to plead before them
that he did not know anything about it, but they never listened to him.
In the custody of the A.T.S, he was constantly tortured. They
threatened him that if he said anything against their wishes then his
brother will be pulled in the case, his parents will be harrassed, his
uncles and aunt in Hyderabad would be harassed every day.

1398. It is further stated that on the night of 21st Oct, 2006, he was
taken to KalaChowki ATS police station. The Officers there, P.I Sunil
Deshmukh and P.I. Tajne told him that he had told everything in the
Narco-analysis test according to what they wanted him to say, then they
showed him a video-clip of Narco-analysis Test, and when he said that
it was edited and manipulated clip, They told him not to use his brains
and started hitting him with belts on his head, then they took him to a
small room with one way glass & no windows. There they stripped him
and tied his hands behind his back and his legs together & started
beating him on the soles of his feet with belts. They kept assaulting him
saying that you have committed bomb blasts. Then they stretched his
legs to 180° and continued hitting him. Then one officer named Jaijeet
Singh came in that room and started kicking him and abusing verbally.
Then they beat him with sticks. After the beating was over they took
him out of that room and handcuffed his right hand to the railing
above the door in the other room, in such a way that he would not be
able to sit. He remained standing the whole night. They did not allow
him to sleep. When they took him out of that room, he saw another
accused being brought in and then he heard his screams through the
door and the sound of belt slapping against flesh. After a long time,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
626

another accused was brought out; he saw that his hands and feet were
swollen. He was Sajid Ansari Accused no. 7.

1399. Furthermore, he has stated in his 313 statement that during
Police Custody Mr. A.N.Roy and Jt.C.P. Mr. K.P. Raghuvanshi had
tortured him in the Nagpada office and said that “do what we say and
you will be released, we will make you an approver in this case & you
will be provided protection and rewarded in Cash as per your needs,
set-up a business for you wherever you want to settle down, all this will
be taken care of. This happened on 22nd Oct 2006. While in police
custody after torturing him physically and mentally, he was taken to
some hospital. However, neither was he questioned by a Medical
Officer nor was he provided any treatment and properly examined.

Ocular Evidence of A.12

1400. A.12 deposed that he was taken to another police station of the
ATS thereafter, which he came to know as Kalachowki ATS unit. PI
Vasant Tajne, API Arun Khavilkar and PSI Sachin Kadam made
inquiries with him and asked him if he knew anything about SIMI or
whether he went for any training and what he knew about the train
blasts. He told them that he does not know anything about it, but they
started beating him with sticks, belts, kicks and punches. He used to
plead with them that he does not know anything about what they were
asking him, but they did not listen to him.

1401. He further deposed that Officer Arun Khanvilkar came there on
12/10/06 and told him that he would be produced before the judge on
the next day and that he should not complain to the court about any ill-
treatment or anything against the ATS. He was on and off taken from

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
627

Bhoiwada to Kalachowki during the first police custody period and
sometimes he was kept there for more than 2-3 days, during which he
was taken to the torture room, where he was stripped, beaten on the
hands, palms and soles of his feet.

1402. He further deposed that he was taken to Bangalore on 14/10/06,
kept in the local police station lockup. He was taken in veil, therefore,
he could not see the name of the police officer. Officers Tajne,
Khanvilkar, Dinesh Kadam accompanied him and DCP Nawal Bajaj
and S.K. Jaiswal came at the hospital. He was taken inside an operation
theatre before noon early morning, where there were several machines
to gauge heart beats, blood pressure, ECG, etc., and the narco analysis
test was completed on the same day. Dr. S. Malini came there, she was
an expert in anesthetics, she gave instructions to her assistant about
how much anesthetic should be injected. He became semi-unconscious
after the anesthetic was injected. However, he was able to understand
whatever was asked to him. She had asked him a question inquiring as
to who are lodged in the barracks next to him in the lockup. He
remembered two names, that of Abdul Wahid and Sajid so he gave the
names. A plucker or tweezers was used for twisting his ears. He was in
semi-conscious state and he wanted to get rid of the torture. Dr. Malini
kept repeating some names and when he repeated the names, the
torture stopped. Then she started again with a new set of names and
sentences and when he repeated the sentences the torture stopped. This
continued for about one and a half hours.

1403. He further deposed that he was taken to Kalachowki ATS Unit
in the night of 21/10/06 in the office of ACP Tawde. PIs Sunil
Deshmukh and Tajne said that he has said everything according to

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
628

what they wanted him to say in the narco analysis test. They showed
him a CD and played it on the computer screen. He told PI Tajne that
it is an edited and manipulated CD as it was jumping between seconds
in the bar and there were obviously not the questions that were asked
to him. PI Deshmukh said to him that he should not use his brain and
he picked up a belt and starting beating him on his head and started
giving abuses. He was then taken to the torture room where he was
stripped and his hands were tied behind his back. He was made to sit
on the floor with his legs extended before him. His legs were tied at the
ankles. One constable sat on him and one started beating him on his
soles. PI Tajne continued the abusing. A senior officer by name Jaijeet
Singh came there and started beating and abusing him and said that he
had done the bomb blasts. His legs were stretched to 180 o and they
continued beating him. This went on for about two hours. Jaijeet Singh
went out of the room and the constables gave him newspapers to make
balls and he was made to jump from the chair on the floor where there
were knotted ropes. He was then taken out of the room and handcuffed
to a railing above the door outside the room in such a position that he
would not be able to sit.

Conclusion
1404. The above referred ocular evidence of A.12 and his 313
statement provide a detailed account of torture inflicted upon him. The
prosecution, while cross-examining A.12, except giving suggestions,
could not bring any material to effectively contradict or discredit the
evidence of A.12. Thus, it can be said that the evidence of A.12
remained intact and unshaken. In these circumstances, in view of the
language of section 24 of Indian Evidence Act, the confessional

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
629

statement of A.12 – Naveed is inadmissible as it appears to have been
extorted by torture.

A.3 – Mohd. Faisal Ataur Rehman Shaikh

1405. A.3 was first arrested on 27/07/2006 in Cr. No. 77/2006 in
Mumbai Central Railway Police Station. He was in police custody for
70 days before recording of his confession. He alleges that his
confession is an outcome of the torture inflicted on him.

1406. Learned Counsel Shri Chaudhary states that after confession A.3
was produced before the special court on 09/10/2006. Learned
Counsel states that on 09/10/2006 A.3 orally submitted that he was
tortured and that his confession was recorded under pressure.
Therefore, the confession was retracted on 9-10-2006.

1407. Learned Counsel states that on 31-7-2006, the Doctors came to
Bhoiwada Police Station and examined A.3, A.9, A.10 and A.11.
Learned Counsel submits that this is completely unprecedented. The
Doctor was from KEM. And the doctor who came was not just a junior
doctor or any other doctor, it was the Emergency Surgery Registrar
(ESR). Learned Counsel states that the thing which compounds the
suspicion of something unusual is that, two days before, and two days
later, i.e. on 29/07/06 and on 02/08/06, they take them to the hospital.
However, on 31-7-2006, and only on this day and only for these four
persons : A.3, A.9, A.10 and A.11. ESR paid a visit and came to the
police station.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
630

Complaint

1408. A.3 made a complaint on dt 09/11/06 wherein he stated that he
was arrested on dt.19/7/06 from near Meera Road at around 11:30 pm
and taken to saat-rasta Unit no. 2, that he was detained in a room and
suddenly some young police officers barged in and started beating him
up. That they continued beating him up till almost an hour or more.
That he began feeling dizzy so he requested them to let him know why
he was being assaulted. He can identify the personnel who assaulted
one.

1409. A.3 further stated that his father was brought to Custody at saat-
raasta on dt.20/07/06 and kept detained there till dt.27/07/06. That
during this time, his father was humiliated and in front of him and he
too was humiliated. That he was constantly questioned about the
Bombay Blasts and asked to give clues about it. On his denial of having
any information about it he was beaten up by K.P. Raghuvanshi and A-
N. Roy. That A.N. Roy told him that he has never beaten up anybody
ever as much as he beat him on that day. That few days later, Jaijeet
Singh called him at his office through some officers and beat him with
fist blows, kicks and slapped him. Then he was taken to Kurla ATS
office where Inspector Salaskar, Warpe and Phadke and Dalvi and one
Alaknoor beat him mercilessly. They would not allow him to sleep
continuously for days and nights. That on one day he was stripped
naked by Salaskar and for four days he was not allowed to wear any
clothes. That at the Kurla ATS office his father was stripped naked and
paraded before him and his younger brother Muzzammil Sheikh.
Similarly, his Sister-in-law Rifah Sheikh was asked to drop her veil
(Burkha).

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
631

1410. A.3 further stated that he used to be threatened that if he spoke
about the atrocities committed on him to the court, he would be beaten
up badly and his family would be implicated in this case. The officer
used to insert some chemical through his anal aperture and penis. It
used to burn him continuously and it used to make him cry. That
under such torture, he was made to sign on blank papers. That his hairs
were pulled and uprooted by them. This was done to him at Kala
chowki and repeated at Bhoiwada Lock up.

1411. That his legs used to be stretched 180° apart by Nawal Bajaj and
Jaijeet Singh and if he cried they used to slap him and make him silent.
That his Narco Analysis Test was unofficially conducted at saat-rasta
lock up. Few Doctors had come there. They were not from Mumbai.
That he was made to memorize a script by ATS officer Jaijeet Singh
which was asked to be repeated before a videographer. At that time K.N
Shengal and Sunil Deshmukh made him repeat the script several times.
That the two officers Shengal and Deshmukh would beat him
mercilessly if he made any mistake in repeating the script.

313 Statement

1412. In his 313 Statement, A.3 has stated that whatever statement the
ATS police have written in English-Hindi-Marathi, he did not know
what they have written in it and when they have written it and during
some inquiries they used to write it after asking him, even that he did
not know what they were writing and they did not tell him later what
they had written. They just kept taking signatures on written papers
and blank papers from him through beating and degree torture.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
632

1413. A.3 further states that he was tortured a lot in the crime branch
too. That later he came to know that his father and cousin brother were
also tortured. That during this time the crime branch could not get any
specific information from him or any information related to the 7/11
train blasts because he did not know anything about this and he had no
connection with the 7/11 train blasts.

1414. A.3 further stated that on 27-07-2006, ATS brought him and
his brother (A.9) to Kala Chowki. They were kept separately there and
the inquiry began. That from 27-07-2006 itself, ATS started torturing
them. That night, they tied him up without any reason and started
beating him with a belt. Then on 28-07-2006, in the afternoon, they
both were made to stand in the court where he told the judge that he
was innocent, but the judge, without paying attention to his words, sent
him to the ATS police custody. That after this, it was as if ATS had got a
license to torture him and keep him awake the whole night, keep him
naked for 24 hours, abuse his parents and religion, treat him like an
animal and torture him with new methods of third degree torture. That
the way they were beating him and torturing him with new methods
was beyond his tolerance. He was in agony due to their cruelty and
torture and he started praying to Allah for death. That during this time,
many different policemen used to come and question him and used to
write the story of ATS according to their wish and forcibly take his
signatures etc. and then go away. He was so helpless that he would sign
on the papers to save himself from their oppression and torture and
out of fear. That he did not even know on which papers they were
taking his signature. That his signature was taken many times on blank
papers. He was not even conscious. Just after signing, he would get

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
633

relief from torture for a few hours that day, due to which he would sign
to save himself from torture and out of fear.

1415. A.3 further states that Meera Borwankar madam sent him to
Saat Rasta Unit-II through Mr. Hargude. That there also he saw
Ehtesham Siddiqui in the evening. Both of them were kept in separate
rooms. Similarly A.N. Roy called him to the Nagpada office and
tortured him and then said “look, your life is ruined, if you cooperate
with us then maybe we will also think something about you.” That he
had become so helpless and miserable that he was doing whatever they
were saying. But he was not able to understand what they wanted him
to do by repeatedly scaring, threatening, and beating.

1416. A.3 further states that the next day, Shengal and Sunil
Deshmukh took him out of the lockup and with DCP’s officers sent
him to Chandan Chowki. DCP Bajaj was also there. Everyone was very
angry and furious with him. Then he was tied up and beaten so much
that he fainted. That night, they stripped him naked at Chandan
Chowki and tied him to a chair. They put a cloth in his mouth and put
a 5-litre water bottle on his head. They poured water on his head drop
by drop. It seemed as if the water droplets were dripping on his head
and going through his throat. That he was tied up in such a way that he
could not even move. The whole night passed in that painful torture.
That he started praying for death. He was not able to bear it. He was
crying a lot. At 5 in the morning he was opened and told to take some
rest, because he had promised while crying that he would sign wherever
asked. Then at 1 o’clock DCP Bajaj, Shengal and Deshmukh took his
signature on many papers which were written in Hindi.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
634

1417. A.3 further states that whenever they took him for medical
examination during PC, they used to threaten him not to complain.
Due to fear, he never complained to the medical officer. But that doctor
was also from ATS. His condition was so bad that he could not even
walk properly, but even after seeing this, they did not write anything on
the report and did not check him up. Sometimes they used to take his
thumb impression. He was tortured so much that his condition was
very bad due to which sometimes his medical was not done for 5 days
or sometimes for many days. Twice the doctor was called to the police
station and the check up formality was completed. What kind of check
up was that, the doctor just looked inside the lock-up and after asking
the name, wrote something and went away. He was tortured very
mercilessly in the Kurla police station anti-robbery cell. That for many
days he was not taken for medical treatment. If his medical record is
checked, it will be clearly known that he was not taken for medical
check-up for many days.

1418. A.3 further states that the Crime Branch Unit II stopped his bike
near his house in Mira Road and arrested him and that since 19th July
2006 he is in police and judicial custody. He, his brother and his entire
family and relatives were harassed and tortured. At Kurla Police Station,
Mr. Salaskar and his unit members stripped his father naked and
tortured his father in front of him, his brother and other arrested people
and pulled off the burkha of his brother’s wife and removed it from her
face and body and were talking about raping her. In these
circumstances, which self-respecting person is not helpless on the
actions of ATS and Crime Branch? He too said helplessly that he will

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
635

sign wherever the ATS officers tell him to. And that he will accept
whatever the officers say.

Conclusion

1419. Only because he did not enter into the witness box, it cannot be
said that there was no torture, particularly considering the evidence of
other accused person about the torture, who succeeded in showing that
their confessional statement is the outcome of torture. This detailed
narration of torture with all the specific details creates doubt about
torture to extort confession. Thus, in view of section 24 of Indian
Evidence Act, the confessional statement of A.3 cannot be held
admissible in law to base conviction.

1420. For these very observations and reasons, we have refrained from
relying on the confession made by A.3 before PW-40 Arvind Singh,
Assistant Director, E.D. under the Foreign Exchange Management Act
(FEMA).

ROLE OF CMMs IN THE CONFESSION PROCEEDINGS

1421. Much arguments were made on the point of infirmities in the
role played by the learned CMM and procedure adopted by him in
verifying the confessions of the accused. Objection has been raised on
the ground that the learned CMM did not record accused’s statement
under his signature. It has also been argued that the learned CMM
failed to notice the visible injuries on A.5 and A.7 when they were
produced before him. The production of A.5 at the home of the acting

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
636

CMM S.Y. Shisode is also objected on the ground that he was produced
contrary to the law.

1422. However, as on every ground, right from the invocation of
MCOCA, the confessional statements have held to be not admissible,
the relevance go into the merits of the role of the CMM and other
challenged have lost its efficacy. Therefore, we will not delve upon the
same.

RECOVERY OTHER THAN RDX, GRANULES AND
DETONATORS

1423. Since we have considered all the evidence and material
produced by prosecution to establish the offence and have reached to
the definite conclusion that the prosecution has failed to bring guilt
home against the accused in the present case, and no offence is made
out against the accused, it is necessary to deal with an issue which was
not decided for the reason to be dealt with at the end of scrutiny of the
part relating to confession.

1424. Following is a chart showing the other recoveries made from the
respective accused: –

CHART NO. 49

 Name of the                      Articles Seized
  Accused
   A.2 -     Hospital Search (Exh.458): Three bottles recovered from

Tanveer Tanveer’s hospital locker situated in ICU:

Ansari 1) One black plastic bottle having label of ‘Hydrogen
Peroxide Solution’ of 500 ml, ingredients, manufacturer’s
name etc.

2) One brown glass bottle having the label of ‘Acetone’ of
500 ml, ingredients, manufacturer’s name, etc.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
637

3) One brown glass bottle having the label of ‘Sulphuric
Acid’ of 500 ml, ingredients, manufacturer’s name, etc.

House Search of his brother’s house (Exh.485):

i. 3 books having name Teherik-E-Milat:
Atankvaad ka zimmedaar kon,
ii. One book related to SIMI having name –
‘April 2004, Tehrik-E-Millat, Ashiya, Shaikh
Ahmed Yasin sukoon se so gye, Israeli kabhi
sukoon se nahi reh sakenge – Hamas,
iii. One book named ‘Sahi Disha Me Shatra
Shakti: SIMI Sangarsha Yatra Ke 25 Varsh’,
iv. One book- related to SIMI,
v. One local map of Mumbai wherein on the left
side ‘Map of Mumbai’ and on the right side ‘Tourist
map of Mumbai’ was written. (Some places were
marked with green and red ink on the map),
vi. One International Map – shows the countries –
Iran, Afghanistan, India, Muscat, and Oman. This
map is a Xerox copy. (Map has one telephone no.
i.e. 00966507551451 and one email ID –

[email protected])

Passport Agent Office Search (Exh.450): Passport of
Tanveer Ansari recovered from travel agent
A.3 – Mohd. House Search (Exh.533):

Faisal Shaikh i. Cardboard box,
ii. a plastic bag in which there is cotton on which
there is black powder-like substance (As per the
CA Report: Cyclonite (RDX – used as high
explosive) and charcoal are detected in the
exhibit.),
iii. A black coloured rexine pouch containing:

– A train ticket from Howrah to Mumbai dated
20/05/2006.

– Two train tickets from Howrah to Mumbai
dated 22/05/2006.

– ATM Card of ICICI Bank

– One learning licence and one driving licence,

– Currency notes of Rs. 1000/

– 30 notes of denomination of 500 Saudi
Riyals (15,000 Saudi Riyals)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
638

– A train ticket from Mumbai to Howrah dated
14/05/2006
iv. Letter of Oriental Insurance Co. in the name of
insured Nizamoddin Abdul Siddhique,
v. Motorcycle Documents. The registration book of
Bajaj pulsar motor cycle no. MH-01-TA- 9542 in
the name of Mohd. Muzamil Ataur. Certificate of
insurance of New India Assurance Co. in the
same name,
vi. One leave and license agreement,
vii. Two books titled ‘April 2004, Tehrik-E-Millat,
Ashiya, Shaikh Ahmed Yasin sukoon se so gye,
Israeli kabhi sukoon se nahi reh sakenge –

                           Hamas', and two books titled 'Tehrik-E-Millat
                           Atankwad ka jimmedar kaun',
                      viii.        Four books, two having green cover and
                           two having pink cover titled SIMI, Sangharsh
                           yatra ke pachis varsha,

ix. Xerox copy of the map of part India, Pakistan,
Afghanistan, Iran etc., (Some places were marked
with green and red ink on the map),
x. The receipt dated 10/01/05 of Bajaj choice center
for Rs. 59500,
xi. Key of the flat of mohd. Faisal bearing the words
china,
xii. Motorola, reliance and Sony Ericson mobile
handsets, sim cards , batteries, etc.

Recoveries from Railway Track (Exh.1108): One Plastic
bag was recovered which is brown in colour, damaged
and torn at some places measuring 30cm × 45 cm
covered in mud. Inside the plastic bag, another thin
white plastic bag torn at one place and covered in mud.
That plastic bag contained:

i. 7 rubber gaskets labeled as ‘Kanchan’ in white
colour and soaked in mud,
ii. 5 pressure cooker whistles of stainless steel fitted
with black plastic cap. Kanchan is marked on the
surface of the plastic cap,
iii. 5 pieces of electric wire with red and white
coloured PVC insulation. The length of the pieces of
wires are 12cm, 28 cm, 28 cm, 60cm and 82 cm,
iv. Printed Circuit board with wire and other

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
639

material. There also a black wire attached to the circuit
with intermediate black switch with NOKIA marking

– cylindrical in shape and terminating in a pin
generally used for headphone connection of a mobile,
v. Copper Brown and white coloured plastic bag
(Cyclonite (RDX) is detected)
A.6 – Mohd. House Search (Exh.716): –

Ali Pressure cooker of 5 litre with the lid, whistle and
steam plate, the khaki wrapper with label, two seals
and white thread.

 A.7 - Mohd.          Office Search (Exh.1480):
 Sajid Ansari         i. One torn plastic bag with Priyagold and Magic-
                          Gold written on it
                      ii. One soldering gun- old & used of MAXGOLD
                          Co.
                      iii. 4 pieces of Soldering wire

iv. Round metallic ‘dabbi’ of soldering paste of Quick
fix company.

v. One printed Circuit board,
vi. One multimeter of UNI-T company, Model No.
DT830D having two wires-one red & one black .
On black of the sad multimeter 3030598732 is
paste,
vii. 2 tweezers made of steel.

viii. 1 screwdriver with green handle,
ix. One white packet- empty with title Easy Recharge
Card-Airtel printed on front. On the backside a
sticker is affixed with following particulars: Mob
no. 9867244681SimNo. 899192000003206618F
x. Electrical components consisting of – 22 resistors,
2 capacitors, 1 coil, 8 transistors, 9 LEDs, 6 Diodes.

    A.9 -             House Search (Exh.534):
  Muzzammil           i. Three CPUs
    Ataur             ii. One hard disk
   Rehman             iii. One mobile phone, sim card and battery.
   Shaikh             iv. One airtel company sim card
                      v. one pouch containing 30 DVDs
                      vi. one 80GB Hard Disk
                      vii. Map of mumbai,

viii. two books titled April 2004, Teherik-E-Milat,
and Atankwad ka jimmedar kaun,
ix. one book having green cover titled SIMI sangarsh

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
640

yatra ke pachis varsh,
x. the statement of marks and passing certificate in
the name of Muzzamil,one driving licence, brown
leather purse, identity card of Oracle Co.( Two
pieces), a white blank plastic card, ICICI Bank card,
the plastic bag with label, brown paper outer
envelope, passport, blank identity card of ALL
India Association of Unani Medical Colleges, two
blank identity cards of Z.V.M Unani Medical
College and hospital.

    A.10 -            House Search (Exh.758):
    Suhail
                      i.    Indian Passport of A.10,
   Mehmood
    Shaikh            ii. 6 books - Two books were titled 'SIMI, Student

Islamic Movement of India’. The address of SIMl’s
office of Delhi was at the bottom of the front cover.

Two books were titled ‘Millat-e-Tehrik, Atankwad
Ka Jimmedar Kaun’ and two books were titled
‘April-2004 Tehrik-e-Millat’.

iii. 4 audio cassettes (Art. 253 1 to 4) – Some
cassettes were titled ‘Al-Quran’ and some were
titled ‘Beauty of Islam’.

iv. Mobile phone of A.10 (Art. 252),
v. One map of the Middle East showing half of
India. (Art. 250). A route from Salet, Tehran in
Iran up to Muzaffarabad in Pakistan was marked on
this map. There were some numbers in handwriting
and e-mail Ids.

vi. One map (Art. 248) was titled ‘Map of Mumbai’.

Certain spots in Mumbai – Veer Savarkar Marg,
Dadar, Mahalaxmi Temple, Reserve Bank of India,
etc. were marked in red ink encircled by green ink
on this map.

                      vii. ISD Rate Card (Art. 248B), etc.
     A.11 -           House Search (Exh.527):
    Zameer
                      i. One Passport (Art. 133)
    Ahmed

ii. One xerox map containing part of India, Pakistan
Latifur
& Afghanistan. There was a number, an email id
Rehman
and some other thing written on the map in Urdu.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
641

Shaikh (Art. 134)
iii. One Book titled Tehrik-e-millat, Atankwad ka
jimmedar kaun (Art-135).

iv. One book titled Tehrik-e-millat, Asia, April-2004
(Art-136).

v. One map of Mumbai which had markings on it
with red and green ink. (Art. 137)
vi. A booklet titled ‘latest road map of Mumbai &
Navi Mumbai’. (Art. 138)
vii. A black leather purse. (Art. 139)
viii. A driving license no. MH-01-97 50299 in the
name of Zameer Ahmed Latif-ur-rehman Shaikh.

(Art. 140),
ix. An ATM Card of Canara Bank in the same name.

(Art-141).

x. An ATM of Canara Bank in the name of Mohd.

Zubair Ansari NY. (Art-142)
xi. A pocket diary (Art-143)
xii. 3 visiting cards and two chits of Sun-n-Sand. (Art-

144 1 to 5)
xiii. Currency notes – 6 currency notes of Rs.100/-, 10
currency notes of Rs.50/-, 3 currency notes of
Rs.10/- and 1 currency notes of Rs.5/-. total
Rs.1135/-. (Art. 145 colly)
A.13 – Asif House Search (Exh.665):

Khan Bashir
Khan i. Twenty- two (22) books and the spiral binded
book in Urdu- Art-285 (1 to 23) Book in english –
Article 286 Outer cover of Frontline weekly-
Article 287, Pamplet of Vector Classes- Art- 288,
Visiting card of Bombino-collection- Article 289
ii. A file containing educational and other
documents in the name of Ansari Mohd. Imran of
School and polytechnic of Indore and Bhopal –
Art 290 (1 to 26),
iii. Urdu Newspaper- Article 290A
iv. Plastic Bag bearing the name Japan store,
Lucknow containing Urdu and English
newspapers, some magazines, four CDs- Art-292
colly.

v. 2 CPUs from Article 293 to Article 294.

vi. One printer – Art 295

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
642

vii. One monitor- Art 296
viii. The application for NOC to
society/information to police along with
agreement of leave and license- Art- 297 colly
ix. Reliance energy bill- Article 298

1425. The Hon’ble Supreme Court of India, in the case of Vernon v.
State of Maharashtra, reported in (2023) 15 SCC 56, has held thus:

“32. As it would be evident from the analysis of the evidence cited
by the NIA, the acts allegedly committed by the appellants can be
categorised under three heads:

32.1. The first is their association with a terrorist organisation which
the prosecution claims from the letters and witness statements,
particulars of which we have given above. But what we must be
conscious of, while dealing with prima facie worth of these
statements and documents is that none of them had been seized or
recovered from the appellants but these recoveries are alleged to
have been made from the co-accused.

32.2. The second head of alleged offensive acts of the appellants is
keeping literatures propagating violence and promoting
overthrowing of a democratically elected Government through
armed struggle. But again, it is not the NIA‘s case that either of the
two appellants is the author of the materials found from their
residences, as alleged. None of these literatures has been specifically
proscribed so as to constitute an offence, just by keeping them.
32.3. Thirdly, so far as AF is concerned, some materials point to
handling of finances. But such finances, as per the materials through
which the dealings are sought to be established, show that the
transaction was mainly for the purpose of litigation on behalf of, it
appears to us, detained party persons. The formation of or
association with a legal front of the banned terrorist organisation has
also been attributed to AF, in addition. The High Court while
analysing each of these documents individually did not opine that
there were reasonable grounds for believing that the accusations
against such persons were not prima facie true. Those offences
which come within Chapters IV and VI of the 1967 Act, charged
against the appellants, are Sections 16, 17, 18, 18-B, 20, 38, 39 and

40.

35. In none of the materials which have been referred to by the
prosecution, the acts specified to in sub-clause (a) of Section 15(1)
of the 1967 Act can be attributed to the appellants. Nor there is any

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
643

allegation against them which would attract sub-clause (c) of Section
15(1) of the said statute. As regards the acts specified in Section
15(1)(b) thereof, some of the literature alleged to have been
recovered from the appellants, by themselves give hint of
propagation of such activities. But there is nothing against the
appellants to prima facie establish that they had indulged in the
activities which would constitute overawing any public functionary
by means of criminal force or the show of criminal force or attempts
by the appellants to do so. Neither there is allegation against them of
causing death of any public functionary or attempt to cause death of
such functionary. Mere holding of certain literatures through which
violent acts may be propagated would not ipso facto attract the
provisions of Section 15(1)(b) of the said Act. Thus, prima facie, in
our opinion, we cannot reasonably come to a finding that any case
against the appellants under Section 15(1)(b) of the 1967 Act can be
held to be true.

47…We have also observed earlier that mere possession of the
literature, even if the content thereof inspires or propagates violence,
by itself cannot constitute any of the offences within Chapters IV
and VI of the 1967 Act.”

1426. In the case of Jyoti Babasaheb Chorge vs. State of Maharashtra ,
reported in 2012 SCC OnLine Bom 1460, this Court held thus: –

“33. That the possession of certain literature having a particular
social or political philosophy would amount to an offence, though
such literature is not expressly or specifically banned under any
provision of law, is a shocking proposition in a democratic country
like ours. A feeble attempt to put forth such a proposition was made
by the Learned SPP in the oral arguments. Such a proposition runs
counter to the freedoms and rights guaranteed by Article 19 of the
Constitution. In this regard, a reference may also be made to a
decision of the Gujarat High Court, on which reliance has been
placed by Shri Mihir Desai. (Criminal Miscellaneous Application
Nos. 12435 to 12437 and other connected applications, decided on
18.11.2010). The applicants therein had been alleged to be in contact
with a person involved in Naxal movement and serious charges of
offences punishable under Section 121-A, 124-A, 153-A, 120-B etc.
of the IPC were leveled against them along with offences punishable
under Sections 38, 39 and 40 of the UAP Act (as it stood then).
Certain documents such as agenda of a meeting, in which one of the
items was to pay homage to a dead Naxalvadi who was killed in
encounter and some literature about revolution and lessons of
Communist Party of India (Maoists/Leninists) containing, inter alia,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
644

features of Guerrilla Warfare etc. was seized from the applicants.
While releasing the applicants on bail, the High court observed that
the seizure of the so called incriminating material, by itself, cannot
show participation in an activity prohibited by law. It was held that
mere possession of such literature, without actual execution of the
ideas contained therein, would not amount to any offence.

1427. In view of the above referred judgments, the recovery of
literature namely, books and maps recovered from the accused, become
irrelevant and not sufficient to connect them with the alleged offence
or to base conviction.

1428. As regards the remaining articles, namely CPUs, cooker, wires,
circuit boards, soldering gun, etc. also lose its significance and become
irrelevant having observed and held that the prosecution has failed to
establish the offence beyond reasonable doubt against the accused.

TRAVEL TO PAKISTAN

1429. Similarly, it was argued by the prosecution that A.1, A.2, A.3,
A.6, A.9, A.10 and A.11 went to Pakistan through Iran or some other
route and it was tried to be proved by way of Passport and other
evidence produced on record. However, even if the said evidence is
held to be sufficient to establish the accused’s visit to Pakistan, the
same, in itself, is not sufficient to indicate or suggest or to establish the
fact of commission of bomb blasts by these accused. Since the
prosecution failed to establish the offence on all the grounds, the fact
whether the accused visited Pakistan to obtain training or not would
become irrelevant.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
645

CALL DETAIL RECORDS (CDRs)

1430. The prosecution tried to connect the accused with the offence
by obtaining CDRs. The CDRs of the accused were examined and the
same were destructed and not relied upon by the prosecution. The
accused initially demanded the CDRs which were denied to them, and
when they approached to the service provider under Right to
Information Act, it was opposed. Lastly, the accused approached to this
Court, whereupon this Court directed to provide the CDRs. However,
by that time the period of preserving the CDRs was lapsed and the
service provider was required to retrieve the CDRs and provide the
same to the accused. However, the complete CDRs could not been
provided to the accused. In the above referred backdrop, the defence
vehemently argued that this Court may draw adverse inference for
destructing the material evidence.

1431. Learned Counsel Shri. Chaudhary submits that among all the
issues where the defence has been curtailed and the right to a fair trial
has been severely compromised, the most egregious and far-reaching
violation is the destruction of the Call Detail Records (CDR). It is
submitted that despite repeated applications by the accused requesting
access to the CDR, the authorities claim that the records have been
destroyed. Each time, a reply was given stating that the prosecution is
neither relying on the CDR, nor has it been filed with the charge sheet,
and hence, they are not obligated to provide it. It is further submitted
that even when the accused sought the CDR through RTI applications
to MTNL, the Anti-Terrorism Squad (ATS) intervened by instructing

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
646

MTNL not to give the details of CDR, which shows the extraordinary
lengths the prosecution has gone to suppress this material evidence.

1432. Furthermore, it is submitted that in the remand applications and
charge sheet, the prosecution has repeatedly asserted that the accused
were in contact with wanted accused based in Pakistan, including
members of Lashkar-e-Taiba, and that the accused had undergone
militant training in Pakistan and were involved in illegal activities. The
prosecution itself claims that the CDRs would establish the accused’s
contact with terrorists and Lashkar-e-Taiba operatives in Pakistan. It is
argued that if the CDR was so critical to substantiate these serious
allegations, why such vital evidence was destructed and of what the
prosecution attempted to conceal by doing so.

1433. In light of the rival contentions, let us see the importance of
CDR in the present case.

1434. It is the case of the prosecution that the first arrest (of A.1) in
this case was made on the basis of an information received by PW-161
about a phone number from which a religious SMS was sent which
created suspicion. Further, from the very beginning, the prosecution
asserts that the accused were in contact with the key conspirator Azam
Cheema and members of the terrorist organization Lashkar-e-Taiba.

1435. It is of common knowledge that a CDR can reveal details about
phone calls, including the date, time, duration, and numbers involved
(both calling and receiving). It can also show the locations (cell tower
information) where the calls were made or received.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
647

1436. Therefore, the alleged connection of the accused with Azam
Cheema and members of the terrorist organisation Lashkar-e-Taiba
could have been established with the help of CDRs.

1437. Furthermore, there are certain facts in this case, which could
have been established by the prosecution by bringing the CDRs on
record by showing the location of the mobile numbers of the accused.
Some of them are as follows: –

(a) Conspiracy meetings used to be held at A.3’s house in Bandra,
wherein A.4, A.9, A.10, A.11 were present.

(b) In March 2006, PW-59 met A.3 A.2, A.4, and A.13 near Shams
Masjid where A.3 asked PW-59 to call A.12 there.

(c) The confession of A.12 and A.7 mention that on the day of
blasts, A.12 gave his mobile to A.7 at about 4:15pm near the
signal of Lucky Hotel in Bandra, which A.7 took to his house in
Mira Road.

(d) That A.2, A.4, A.6, A.7, and A.13 were present at A.6’s house in
Govandi on 8th,9th, and 10th July 2006 while the bombs were
being prepared.

(e) A.5 brought 6 Pakistanis from Kolkata to Mumbai in may 2006.

(f) A.1, in his confessional statement, has mentioned about visiting
Mumbai twice.

(g) If it is the case of the prosecution that as per the planning, it was
decided not to carry the mobile phones, CDR could have
proved it that the mobile phones of the accused were at their
home at the relevant time.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:34 :::
648

1438. It is to be noted that the prosecution has failed to bring any
satisfactory evidence on record to corroborate the above facts.
Therefore, in absence of such satisfactory evidence, the prosecution
ought to have brought the CDRs of the accused on record which would
have clearly established their locations at the relevant time. It is to be
noted that the prosecution had obtained the CDRs but not relied upon
it or filed along with the charge sheet.

1439. Let us now see the evidence as to why the CDRs were not
brought on record. PW-186 Chief IO deposed that the work of scrutiny
of CDRs was done by technical cell. PI Wadke was in-charge of the cell.
He had informed him that most of the mobiles are not in the names of
the accused and there is no useful lead in CDRs. Secondly, as per the
Al-Qaeda Manual and training given to the accused, they were not
supposed to use their mobile phones for operational purposes. This fact
was also revealed from their confessional statement. Therefore, no
importance was given to the CDRs.

1440. At this juncture, it is important to note that though the
prosecution has referred to Al-Qaeda Manual for many things, nothing
is brought on record about it.

1441. Furthermore, even if it is accepted that the mobile numbers
were not in the name of the accused, the prosecution had knowledge
about the mobile number which the accused were using, and such
number are the part of the record. However, even the CDRs of such
numbers are not produced on record, or relied upon by the
prosecution.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
649

1442. CW-1 PI Sunil Wadke filed an affidavit in the Court in which he
states that he destroyed after a year since no relevant information was
found. Further when he was asked who told him to destroy/delete the
CDRs, he does not answer the question.

1443. CW-1 further states that one year after filing of charge-sheet
they would enquire with the IO if the CDR was required. If the IO said
the CDR was not required, he used to tell the DCP and then delete the
CDR after getting direction from the DCP. Furthermore, CW-1 states
that he had informed DCP Dumbre about deleting the data.

1444. On perusal of the record, it can be seen that there is no record or
information about who directed CW-1 to delete the CDRs.
Furthermore, there is no station diary entry or any record about
deleting the data.

1445. It is evident from the above referred evidence that the
prosecution was in the possession of the CDRs. However, they did not
bring them on record. Furthermore, when the defence applied in the
Trial Court to get the CDRs exhibited, the same was rejected. However,
the CDRs were brought on record subsequent to the order of this Court
in Criminal Appeal No. 973/2012 wherein the Single Judge Bench of
this Court allowed the same.

1446. We have already seen that from the very beginning, the
prosecution’s case was that the accused were in contact with the key
conspirator Azam Cheema and members of the terrorist organization
Lashkar-e-Taiba. However, despite this assertion, the prosecution failed
to place the CDRs on the record. When questioned on this omission,

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
650

the prosecution candidly stated that it was not relying on the CDR, and
therefore did not bring it on record.

1447. Notably, it was only after the defence produced the CDRs on
record that the prosecution altered its stance, contending that the CDR
of all accused show that accused were in constant-contact with each
other to hatch the conspiracy. In view of the prosecution story that they
all are SIMI Activists and most of them were knowing each other, by
referring to a landline number on which according to the prosecution,
these accused used to make phone calls, is not sufficient to establish the
offence. This evidence does not show more than a fact that they were in
contact. Considering the fact that they were SIMI Activists and
knowing each other, such evidence does not have much relevance.

1448. It is pertinent to note that the prosecution had sought the police
custody remand of the accused on the ground, inter alia, that the
accused were in contact with Pakistanis, Azam Cheema and his
associates. Yet, even after the defence produced the CDR, the
prosecution failed to establish any nexus between the accused and
Pakistani nationals, including Azam Cheema and his associates.

1449. The CDR was of critical importance, particularly because the
first arrest in the present case was made on the basis of a mobile
number allegedly belonging to A.1, from which a religious SMS was
sent, arousing suspicion in the minds of the Anti-Terrorism Squa
(ATS).

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
651

1450. The Hon’ble Supreme Court of India, in the case of Union of
India v. Ibrahim Uddin, reported in (2012) 8 SCC 148, has held thus: –

“24. Thus, in view of the above, the law on the issue can be
summarised to the effect that the issue of drawing adverse inference
is required to be decided by the court taking into consideration the
pleadings of the parties and by deciding whether any
document/evidence, withheld, has any relevance at all or omission
of its production would directly establish the case of the other side.
The court cannot lose sight of the fact that burden of proof is on the
party which makes a factual averment. The court has to consider
further as to whether the other side could file interrogatories or
apply for inspection and production of the documents, etc. as is
required under Order 11 CPC. Conduct and diligence of the other
party is also of paramount importance. Presumption of adverse
inference for non-production of evidence is always optional and a
relevant factor to be considered in the background of facts involved
in the case. Existence of some other circumstances may justify non-
production of such documents on some reasonable grounds. In case
one party has asked the court to direct the other side to produce the
document and the other side failed to comply with the court’s order,
the court may be justified in drawing the adverse inference. All the
pros and cons must be examined before the adverse inference is
drawn. Such presumption is permissible, if other larger evidence is
shown to the contrary.”

1451. Thus, it is a well-settled law that the presumption of adverse
inference can be drawn if other larger evidence is shown to the
contrary.

1452. We have earlier seen that the prosecution’s case is that
conspiracy meetings were held at the residence of A.3 in Bandra,
attended by A.4, A.9, A.10, and A.11. Additionally, the prosecution has
alleged that in May, PW-59 met A.3 and others near Shams Masjid,
where A.3 instructed PW-59 to call A.12 to the said location. It has also
emerged from the confessional statements of A.12 and A.7 that on the
day of the blasts, A.12 handed over his mobile phone to A.7 around
4:15 p.m near the signal of Lucky Hotel in Bandra.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
652

1453. The prosecution could have easily established the location and
movement of the accused at the aforementioned relevant places and
times through the CDRs. Instead, the CDR was destroyed. This act
raises serious doubts over the integrity of the investigation conducted
by the investigating agency and amounts to a grave violation of the
right to a fair trial.

1454. In light of the above discussion, this conduct of the ATS is not
only relevant under section 8 of the Indian Evidence Act, but also
invites an adverse inference under illustration (g) of section 114 of the
Indian Evidence Act. Thus, as we have seen that there is not a single
evidence brought by the prosecution on record, we are of the opinion
that, in the present case, the reluctance of prosecution to bring the
CDRs on record and destruction of the same raises an adverse inference
against the prosecution.

ALTERNATIVE HYPOTHESIS

1455. Much arguments were made on the alternative hypothesis in the
form of Riyaz Nawabuddin and Sadiq Israr Shaikh.

1456. This Court, in the case of Sharad Birdhichand Sarda v. State of
Maharashtra, reported in (1984) 4 SCC 116, has held thus: –

“153. A close analysis of this decision would show that the following
conditions must be fulfilled before a case against an accused can be
said to be fully established:

(1) the circumstances from which the conclusion of guilt is to be
drawn should be fully established.

It may be noted here that this Court indicated that the
circumstances concerned “must or should” and not “may be”

established. There is not only a grammatical but a legal distinction
between “may be proved” and “must be or should be proved” as was

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
653

held by this Court in Shivaji Sahabrao Bobade v. State of
Maharashtra [(1973) 2 SCC 793 : 1973 SCC (Cri) 1033 : 1973 Crl
LJ 1783] where the observations were made: [SCC para 19, p. 807:

SCC (Cri) p. 1047]
“Certainly, it is a primary principle that the accused must be and not
merely may be guilty before a court can convict and the mental
distance between ‘may be’ and ‘must be’ is long and divides vague
conjectures from sure conclusions.”

(2) the facts so established should be consistent only with the
hypothesis of the guilt of the accused, that is to say, they should not
be explainable on any other hypothesis except that the accused is
guilty,
(3) the circumstances should be of a conclusive nature and tendency,
(4) they should exclude every possible hypothesis except the one to
be proved, and
(5) there must be a chain of evidence so complete as not to leave any
reasonable ground for the conclusion consistent with the innocence
of the accused and must show that in all human probability the act
must have been done by the accused.”

1457. The principle number 4 in the above referred judgment directly
addresses alternative hypothesis, i.e. any plausible alternate version
consistent with innocence must result in acquittal. Here, in the present
matter, after discussing available on record, we have already held that
the prosecution has not established the offence against the accused by
bringing in record cogent evidence against the accused as a proof
beyond reasonable doubt. In these circumstances, we do not think it
necessary to go into the issue of alternative hypothesis.

SUMMARY

1458. The summary of the above referred discussion is as under.

1459. In this case, the prosecution has mainly relied upon three planks
of evidence namely, 1) eyewitnesses, 2) recoveries, and 3) confessional
statements.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
654

1460. The prosecution has examined total eight eyewitnesses, which
we have categorised as under: –

i) The taxi drivers who drove A.3 and A.13 to Churchgate (PW-

63 & PW-77),

ii) The witnesses who saw the accused planting bombs in the
trains (PW-57, PW-60, PW-62, & PW-74),

iii) The witness to the assembling of bombs (PW-75),

iv) The witness to the conspiracy (PW-59),

1461. Before we discuss the credibility and truthfulness of each of the
witnesses, we dealt with a challenge raised by the defence to the T.I.
Parades conducted on 07/11/2006 by Shri. Barve as SEO, on the
ground that on the date of T.I. Parade, i.e., 07/11/2006 he had no
authority to act as SEO and conduct the T.I. Parades.

1462. On examining the evidence, we recorded the finding that Shri.
Barve had no authority on 07/11/2006 to conduct the T.I. Parades.
Accordingly, the T.I. Parades wherein A.1, A.3, and A.13 were
identified by PW-57, PW-62, PW-77, PW-60 and PW-63, became
inadmissible, including that of A.12.

1463. However, considering the well-settled law that the dock
identification is a substantive evidence, we then scrutinised the ocular
evidence of each of the witnesses and their dock identification.

1464. The first category of witnesses, namely, PW-63 and PW-77, who
are the taxi drivers and who claimed that A.13 and A.3 respectively,
traveled in their taxis upto Churchgate on the date of the incident, i.e.
11/07/2006, were held to be not trustworthy and cannot be made basis

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
655

for conviction. This conclusion was recorded considering various
aspects including the aspect that they were silent for 100 or more days
after the incident, and on 03/11/2006 gave the statement to the police
that A.3 and A.13 traveled in their taxis. Since the T.I. Parades in which
they identified A.3 and A.13 were conducted by Shri. Barve, we were
required to discard the said evidence of T.I. Parades.

1465. In absence of T.I. Parades, the dock identification of the accused
is after more than four years. Therefore, we examined whether there
was any special reason to trigger the memory and recollect the face and
description of the accused to enable the witnesses to identify them after
such a long gap. Thereupon, we observed that both the witnesses could
not get sufficient opportunity to interact, to observe and to store the
face of the accused in memory. Hence, we held that their evidence is
not safe to base conviction.

1466. As regards, second category of witnesses, who claimed to have
seen the accused planting bombs in the trains. These witnesses are PW-
57, PW-60, PW-62, and PW-74. Except the T.I. Parade in which PW-
74 identified A.4 – Ehtesham, the T.I. Parades relating to PW-57, PW-
60 and PW-62 have been discarded for the same reason that Shri. Barve
had no authority as SEO to conduct the T.I. Parades.

1467. PW-57, PW-60 and PW-63 identified A.1, A.13 and A.3
respectively. Except PW-60, other witnesses gave their statements
under section 161 of Cr.PC after 100 or more days, that means they
were silent for such a long period and did not disclose the fact of
sighting the accused, which we have found very abnormal in the facts

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
656

of the case. These witnesses identified the accused in the court after
more than four years. We, therefore, again examined the evidence of
the witnesses to find out whether there was any special reason for these
witnesses to recollect the faces of the accused after such a long period
and for that we tried to find out whether these witnesses had sufficient
opportunity or interact or observe or to see the accused to enable them
to recollect their faces after such a long period.

1468. On scrutiny of evidence of PW-57 and PW-62, we do not find
any such special reason or any other reason for triggering of their
memory and to recollect the faces of A.1 and A.3. Therefore, on this
count and the other reasons recorded, we have observed that the
evidence of these witnesses cannot be made basis for conviction.

1469. As regards PW-60, who gave his S.161 statement immediately
on fourth day of the incident. The first arrest was made on
20/07/2006, and there were continuous arrests thereafter. Yet, he was
not called for T.I. Parades for four months.

1470. From the evidence of PW-60 and PW-186, it has come on
record that PW-60 visited Bhoiwada police station in the last week of
October 2006, and during the said period, A.13 was in the said prison.
The complaint of A.13 and his oral evidence indicate that A.13 was
shown to PW-60 in the last week of October 2006, before the T.I.
Parade. Thus, on this ground and the other grounds recorded, this
witness was not considered as safe to rely upon.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
657

1471. The evidence of PW-74 was also not relied upon on the ground
that he appears to be a stock witness. The evidence available on record
shows that he acted as a panch witness in four crimes out of which three
were of DCB CID and two cases were related with PI Tajne (PW-161).

1472. The third category of witnesses is relating to a witness PW-75
Amar Sardar Khan, who claimed to have seen the A.2, A.4, A.6, and
A.7 during assembling of bombs in the house of A.6 – Mohd. Ali. This
witness gave statement under section 161 of Cr.PC on 28/10/2006.
This shows that he was silent for more than 100 days and did not
disclose the said fact to the police though he was called by the police as
a suspect in the present case. Moreover, though in the chief he stated
that he saw the accused and some more persons making bombs when
he entered into the house of A.6, in cross-examination, he changed his
version and stated that he did not enter into the house of A.6 but his
friend Ajmeri Shaikh, who accompanied him, told him the said fact.
Admittedly, the prosecution has not examined Ajmeri Shaikh.

1473. This witness was also a witness in Ghatkopar blast case. Thus,
since the defence succeeded in shattering his oral evidence in cross-
examination, for this reason and other reasons recorded, we have not
considered his evidence worth relying.

1474. The fourth category of witness is relating to a witness PW-59,
who claimed to be a witness to the conspiracy. However, though he
deposed that he saw the accused discussing some issues on certain
occasions, he admits that he was not knowing about the subject on
which they discussed in such meetings. Furthermore, though he stated

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
658

the names of all the Pakistanis whom he met twice, he failed to tell the
name of a bar dancer with whom, as per his own version, he had a very
close association for a period of about one month. Thus, on these
grounds and other grounds mentioned while discussing his evidence,
we have not found this witness trustworthy.

1475. There are other eyewitnesses. One is PW-85 Lalji Pande, who
gave his statement under Section 161 of Cr.PC on 27/07/2006 and a
supplementary statement on 21/08//2006, and who helped to draw
two sketches of the suspects. However, he was not called for T.I. Parade
and even though he was examined as a prosecution witness, he was not
asked to identify the accused in the Court. Thus, no evidence of any
substantive nature could be brought by the prosecution through this
witness.

1476. The other eyewitnesses are those who have though given their
statements under section 161 of Cr.PC within a short span of the
incident and gave the description of the suspects, they have neither
been called for T.I. Parade nor been examined as prosecution witnesses.
Therefore, we have drawn an adverse inference for not examining the
material witnesses.

1477. Now, as far as the evidence relating to recoveries is concerned,
the recoveries are of RDX, granules, detonators, cooker, printed circuit
boards, soldering gun, books, maps, etc. Out of these articles, the
material and substantive evidence is of recovery of RDX, granules and
detonators which are directly connected with the blasts. However, we
have observed that the evidentiary value of these recoveries does not

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
659

attach any importance on the ground that the prosecution failed to
establish and prove the proper custody and proper sealing, which ought
to be intact till the articles were taken to FSL.

1478. The circuit boards recovered from A.3 and A.7 are of no help to
the prosecution to establish the present offence as the prosecution
failed to bring any evidence on record and to establish the type of
bombs used in the present crime. Though the prosecution brought on
record the technical report of the expert about the circuit board, it failed
to establish the type of the bombs used in the present crime. Thus, the
said recovery is not relevant.

1479. The recovery of the other articles like books, maps, CPUs, etc.
are also not sufficient even if the recoveries are held to be proved, to
establish the present crime against the accused.

1480. The last plank of the evidence on which the prosecution has
placed heavy reliance was the confessional statements. However, on all
the tests relating to voluntariness and truthfulness of the confessional
statements, the prosecution failed.

1481. The confessional statements held to be inadmissible on
numerous grounds, some of which are as follows:-

(1) No relevant material was available with the authority to reach
to a subjective satisfaction about the compliance of pre-

requisites for grant of prior approval.

(2) The prior approval suffers from non-application of mind.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
660

(3) The two chargesheets against A.13, which have been relied
upon for grant of prior approval, do not satisfy the pre-
requisites to constitute ‘continuing unlawful activity’.

(4) Shri. Jaiswal, who granted the prior approval, did not enter into
the witness box to prove the contents of the letter of prior
approval. Mere identification of signature of Shri. Jaiswal by
PW-174 does not prove the contents of prior approval.

(5) Identical Part-I and Part-II of some of the confessional
statement.

(6) Variation in the correspondence made by the concerned DCPs,
before or after recording of confession, in mentioning of
offences.

(7) Absence of Certificates, as mandated by Sub-Rule 6 of Rule 3
of the MCOC Rules, at the bottom of the confessional
statement of A.1, A.3, and A.10.

(8) Failure to establish by oral evidence of the concerned DCPs,
the voluntariness of the confessional statements, in absence of
such certificate or even where the certificate is there but does
not fulfill the requirement of Sub-Rule 6 of Rule 3 of the
MCOC Rules.

(9) Confessional statements were not found to be truthful and
complete on various grounds, including some portions of the
same were found to be similar and copied.

(10) The accused succeeded in establishing the fact of torture
inflicted on them to extort confessional statements, etc.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
661

1482. Furthermore, the defence prayed for drawing adverse inference
in not supplying CDRs. On examining the record, we found substance
in the case of the defence.

1483. In these circumstances, having held that the prosecution has
utterly failed to establish the offence beyond the reasonable doubt
against the accused on each count, it is unsafe to reach the satisfaction
that the Appellants/Accused have committed the offences for which
they have been convicted and sentenced. Therefore, the impugned
Judgment and Order of conviction and sentence is liable to be quashed
and set aside. In the result, the aforesaid Confirmation Case is liable to
be answered in the negative, and all the Appeals deserve to be allowed.

1484. Before passing the order, we place on record, the words of
appreciation, and acknowledge the pain-taking efforts of the advocates
appearing on behalf of the prosecution Spl. PP Sr. Adv. Shri. Raja
Thakare, learned counsel Shri. A.M.Chimalkar, Adv. Shri. Siddharth
Jagushte, and the defense counsels Sr. Adv. Shri. S. Nagamuthu, Sr.
Adv. Shri. Muralidhar, Sr. Adv. Ms. Nitya Ramakrishnan, Adv. Shri.
Yug Chaudhary, and Adv. Ms. Payoshi Roy, who effectively assisted the
Court to go through the huge record (169 Volumes and around 44,500
pages) and to reach at a right conclusion.

1485. We also appreciate and acknowledge the untiring efforts taken
by our Research Assistants / Law Clerks, Mr. Puneet Sharma and Mr.
Vallabh Nare, who have effectively assisted us throughout this matter.

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
662

1486. Now, we pass the following Order : –

i. We, hereby, refuse and deny to confirm the death
sentence imposed on A.1, A.3, A.4, A.12 and A.13, in MCOC
Special Case no. 21/2006 vide impugned judgment and order
dated 30/09/2015, passed by the learned Special Judge of
Special Court No. 1 under MCOCA and NIA Act, at Mumbai.
The Confirmation Case No. 2 of 2015 stands answered in the
negative, accordingly;

ii. The Criminal Appeal No. 71 of 2019, No. 72 of 2019,
No. 553 of 2021, No. 554 of 2021, No. 555 of 2021, No. 556
of 2021, No. 557 of 2021, No. 333 of 2022, No. 655 of 2022,
No. 1075 of 2023 and No. 1104 of 2023 are hereby allowed
and thereby the impugned Judgment and Order dated
30/09/2015, in MCOC Special Case No. 21/2006, passed by
the learned Special Judge of Special Court No. 1 under
MCOCA and NIA Act, at Mumbai, is hereby quashed and set
aside;

iii. Accused no. 1 died during the pendency of the
Confirmation Case. However, the ultimate result of the
Confirmation Case and the Appeals shall be extended to the
Accused No. 1 too. Thereby, the impugned Judgment and
Order dated 30/09/2015, in MCOC Special Case No. 21/2006,
passed by the learned Special Judge of Special Court No. 1
under MCOCA and NIA Act, at Mumbai, is hereby quashed
and set aside in respect of Accused No. 1 too;

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
663

iv. Accordingly, A.1 – Kamal Ansari (deceased) is hereby
acquitted for the offences punishable under Sec. 302 r/w 120-B
IPC, Sec. 307 r/w 120-B IPC,Sec. 326 r/w 120-B IPC,Sec. 120-
B r/w 121-A and 122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B
of IPC r/w 13(1) UAPA, 1967, Sec. 325 r/w 120-B IPC, Sec.
324 r/w 120-B IPC, Sec. 3(b) (Explosive Substances Act, 1908),
Sec. 9-B(2) Explosives Act, 1884 – Sentenced to imprisonment
for 3 years, Sec. 16 (UAPA, 1967), Sec. 20 (UAPA, 1967), Sec.
3(1)(i) MCOCA,1999, Sec. 3(1)(ii) & 3(2) MCOCA,1999, Sec.
3 (4) MCOCA,1999, Sec. 152 (Railways Act, 1989), Sec. 151
(1) and 153 (Railway Act, 1989), Sec. 3 (2) (e) of Prevention of
Damage to Public Property Act, 1984;

v. A.2 – Tanveer Asnari is hereby acquitted for the offences
punishable under Sec. 120-B r/w 121-A and 122 IPC, Sec. 120-
B r/w 123 IPC, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec. 120-
B of IPC r/w 13(1) UAPA, 1967, Sec. 20 (UAPA, 1967), Sec. 10

(a) (i) (UAPA, 1967), Sec. 120B of IPC r/w 3(1)(i)
MCOCA,1999, Sec. 3(1)(ii) & 3(2) MCOCA, 1999, Sec. 3 (4)
MCOCA,1999, Sec. 9-B(2) Explosives Act, 1884;

vi. A.3 – Mohd. Faisal Shaikh is hereby acquitted for the
offences punishable under Sec. 302 r/w 120-B IPC, Sec. 307
r/w 120-B IPC, Sec. 326 r/w 120-B IPC, Sec. 120-B r/w 121-A
and 122 IPC,Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w
13(1) UAPA, 1967, Sec. 201 IPC, Sec. 325 r/w 120-B IPC, Sec.
324 r/w 120-B IPC, Sec. 3(b) (Explosive Substances Act, 1908),
Sec. 6 r/w 4 (ii) Explosive Substances Act, 1908, Sec. 9-B(2)
Explosives Act, 1884, Sec. 16 (UAPA Act, 1967), Sec. 19

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
664

(UAPA, 1967), Sec. 20 (UAPA, 1967), Sec. 10 (a) (i) (UAPA,
1967), Sec. 3(1)(i) MCOCA,1999, Sec. 3(1)(ii) & 3(2)
MCOCA, 1999, Sec. 3(4) MCOCA, 1999, Sec. 3(5) MCOCA,
1999, Sec. 152 (Railways Act, 1989), Sec. 151 (1) and 153
(Railway Act, 1989), Sec. 3 (2) (e) (Prevention of Damage to
Public Property Act, 1984);

vii. A.4 – Ehtesham Qutubuddin Siddique is hereby
acquitted for the offences punishable under Sec. 302 r/w 120-B
IPC, Sec. 307 r/w 120-B IPC, Sec. 326 r/w 120-B IPC, Sec.
120-B r/w 121-A and 122 IPC, Sec. 120-B r/w 123 IPC, Sec.
120-B of IPC r/w 13(1) UAPA, 1967, Sec. 325 r/w 120-B IPC,
Sec. 324 r/w 120-B IPC, Sec. 3(b) (Explosive Substances Act,
1908), Sec. 16 (UAPA Act, 1967), Sec. 20 (UAPA, 1967), Sec.
10 (a) (i) (UAPA, 1967), Sec. 3(1)(i) MCOCA,1999, Sec. 3(1)

(ii) & 3(2) MCOCA,1999, Sec. 3(4) MCOCA, 1999, Sec. 152
(Railways Act, 1989), Sec. 151 (1) and 153 (Railway Act, 1989),
Sec. 3 (2) (e) (Prevention of Damage to Public Property Act,
1984), Sec. 9-B(2) (Explosives Act, 1884);

viii. A.5 – Mohamad Majid Mohamad Shafi is hereby
acquitted for the offences punishable under Sec. 120-B r/w 121-
A and 122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w
13(1) UAPA, 1967, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec.
20 (UAPA, 1967), Sec. 120B of IPC r/w 3(1)(i)
MCOCA,1999,Sec. 3(1)(ii) & 3(2) MCOCA, 1999, Sec. 3 (4)
MCOCA, 1999;

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
665

ix. A.6 – Shaikh Mohd. Ali Alam Shaikh is hereby acquitted
for the offences punishable under Sec. 120-B r/w 121-A and
122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1)
UAPA, 1967, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec. 20
(UAPA, 1967), Sec. 10 (a) (i) (UAPA, 1967), Sec. 120B of IPC
r/w 3(1)(i) MCOCA,1999, Sec. 3(1)(ii) & 3(2) MCOCA,1999,
Sec. 3 (4) MCOCA,1999, Sec. 6 r/w 4 (ii) Explosive Substances
Act, 1908, Sec. 9-B(2) Explosives Act, 1884;

x. A.7 – Mohammad Sajid Margub Ansari is hereby
acquitted for the offences punishable under Sec. 120-B r/w 121-
A and 122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w
13(1) UAPA, 1967, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec.
201 IPC, Sec. 20 (UAPA, 1967), Sec. 10 (a) (i) (UAPA, 1967),
Sec. 120B of IPC r/w 3(1)(i) MCOCA,1999, Sec. 3(1)(ii) &
3(2) MCOCA,1999, Sec. 3 (4) MCOCA,1999, Sec. 6 r/w 4(ii)
Explosive Substances Act, 1908;

xi. A.9 – Muzzammil Ataur Rehman Shaikh is hereby
acquitted for the offences punishable under Sec. 120-B r/w 121-
A and 122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w
13(1) UAPA, 1967, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec.
20 (UAPA, 1967), Sec. 10 (a) (i) (UAPA, 1967), Sec. 120B of
IPC r/w 3(1)(i) MCOCA, 1999, Sec. 3(1)(ii) & 3(2)
MCOCA,1999, Sec. 3(4) MCOCA, 1999;

xii. A.10 – Suhail Mehmood Shaikh is hereby acquitted for
the offences punishable under Sec. 120-B r/w 121-A and 122
IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w 13(1)

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
666

UAPA, 1967, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec. 20
(UAPA, 1967), Sec. 10 (a) (i) (UAPA, 1967), Sec. 120B of IPC
r/w 3(1)(i) MCOCA, 1999, Sec. 3(1)(ii) & 3(2) MCOCA,1999,
Sec. 3 (4) MCOCA, 1999;

xiii. A.11 – Zameer Ahmed Latifur Rehman Shaikh is hereby
acquitted for the offences punishable under Sec. 120-B r/w 121-
A and 122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w
13(1) UAPA, 1967, Sec. 120-B IPC r/w 16 (UAPA, 1967), Sec.
20 (UAPA, 1967), Sec. 10 (a) (i) (UAPA, 1967), Sec. 120B of
IPC r/w 3(1)(i) MCOCA, 1999, Sec. 3(1)(ii) & 3(2) MCOCA,
1999, Sec. 3 (4) MCOCA,1999;

xiv. A.12 – Naveed Hussain Khan Rasheed Hussain Khan is
hereby acquitted for the offences punishable under Sec. 302 r/w
120-B IPC, Sec. 307 r/w 120-B IPC, Sec. 326 r/w 120-B IPC,
Sec. 120-B r/w 121-A and 122 IPC, Sec. 120-B r/w 123 IPC,
Sec. 120-B of IPC r/w 13(1) UAPA, 1967, Sec. 325 r/w 120-B
IPC, Sec. 324 r/w 120-B IPC, Sec. 3(b) (Explosive Substances
Act, 1908), Sec. 9-B(2) Explosives Act, 1884, Sec. 16 (UAPA
Act, 1967), Sec. 20 (UAPA, 1967), Sec. 3(1)(i) MCOCA,1999,
Sec. 3(1)(ii) & 3(2) MCOCA, 1999, Sec. 3(4) MCOCA,1999,
Sec. 152 (Railways Act, 1989), Sec. 151 (1) and 153 (Railway
Act, 1989), Sec. 3 (2)(e) (Prevention of Damage to Public
Property Act, 1984);

xv. A.13 – Asif Khan Bashir Khan is hereby acquitted for the
offences punishable under Sec. 302 r/w 120-B IPC, Sec. 307
r/w 120-B IPC, Sec. 326 r/w 120-B IPC, Sec. 120-B r/w 121-A

::: Uploaded on – 21/07/2025 ::: Downloaded on – 21/07/2025 22:30:35 :::
667

and 122 IPC, Sec. 120-B r/w 123 IPC, Sec. 120-B of IPC r/w
13(1) UAPA, 1967, Sec. 201 IPC, Sec. 325 r/w 120-B IPC, Sec.
324 r/w 120-B IPC, Sec. 3(b) (Explosive Substances Act, 1908),
Sec. 6 r/w 4 (ii) Explosive Substances Act, 1908, Sec. 9-B(2)
Explosives Act, 1884, Sec. 16 (UAPA Act, 1967), Sec. 20
(UAPA, 1967), Sec. 10 (a) (i) (UAPA, 1967), Sec. 3(1)(i)
MCOCA,1999, Sec. 3(1)(ii) & 3(2) MCOCA, 1999, Sec. 3 (4)
MCOCA,1999, Sec. 152 (Railways Act, 1989), Sec. 151 (1) and
153 (Railway Act, 1989), Sec. 3 (2) (e) (Prevention of Damage
to Public Property Act, 1984);

xvi. The Appellants shall be forthwith released from the
respective jail, if they are not required to be detained in any
other case;

xvii. All the Appellants shall execute a P.R. Bonds in the sum
of Rs. 25,000/- each, under Section 481 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (correspondingly U/s. 437A of the
Cr.PC) for their appearance, in case an appeal is preferred;

xviii. The said Confirmation Case and the Appeals stand
disposed off in the aforesaid terms.

 (SHYAM C. CHANDAK, J.)                             (ANIL S. KILOR, J.)




::: Uploaded on - 21/07/2025                        ::: Downloaded on - 21/07/2025 22:30:35 :::

Source link

Shri Jagadish Devadas Anchan vs The State Of Karnataka on 21 July, 2025

The Principal Sub Registrar vs Nowfal Salam @ Mohammed Nowfal on 21 July, 2025

The State Of Madhya Pradesh vs Ramjilal And Mahaveer on 10 July, 2025

Dr. R.K. Joteen Singh vs Union Of India & Anr on 18 July, 2025

21.07.2025 vs Union Of India Represented By The … on 21 July, 2025

Shri Jagadish Devadas Anchan vs The State Of Karnataka on 21 July, 2025

The Principal Sub Registrar vs Nowfal Salam @ Mohammed Nowfal on 21 July, 2025

The State Of Madhya Pradesh vs Ramjilal And Mahaveer on 10 July, 2025

Dr. R.K. Joteen Singh vs Union Of India & Anr on 18 July, 2025

21.07.2025 vs Union Of India Represented By The … on 21 July, 2025

Suhail Mehmood Shaikh vs The State Of Maharashtra on 21 July, 2025

Bombay High Court

Suhail Mehmood Shaikh vs The State Of Maharashtra on 21 July, 2025

Author: Anil S. Kilor

Bench: Anil S. Kilor

LEAVE A REPLY Cancel reply

About us

Company

Top Stories

Now Is the Time to Think About Your Small-Business Success

Program Will Lend $10M to Detroit Minority Businesses

Kansas City Has a Massive Array of Big National Companies

Subscribe