Delhi District Court
State vs Mohd. Umer Madani @ Umer Samas on 17 February, 2014
IN THE COURT OF SH. DAYA PRAKASH, ASJ-02, NEW
DELHI DISTRICT PATIALA HOUSE COURTS, NEW DELHI
Case ID No. 02401R0499712009
Session Case No. 102/13
State Versus Mohd. Umer Madani @ Umer Samas
@ Madani @ Maulana Umer @ Abdullah
@ Akbar @ Sajid
s/o Late Shams-ul-haq
r/o Village Balkatwa, PS Basopatti,
Distt. Madhubani, Bihar
At present: Mahuli Bazar,
Village Development Committee
Bakduha, Distt. Saptari, Nepal.
FIR No. 29/2009
U/s: 489C IPC and 17/18/18-B/20/
23 Unlawful Activities (P) Act
PS: Spl. Cell, Delhi
Date of institution of the case : 29.08.2013
Date when the case reserved : 17.02.2014
Date of announcement : 17.02.2014
JUDGMENT
17.02.2014
1. As per prosecution, in month of May 2009 an information was received that accused Umer Madani, the native of State vs. Umar Madani Session Case No. 102/13 FIR No. 29/09 1/8 Basopatti, Bihar was settled in Nepal after taking the training from Pakistan for Lushkar-e-Toyaba (LeT). It was also informed that he was recruited the youths in India in the name of Jehad and in the profession of sending them to Pakistan for terrorist training. Relying upon this information, the surveillance was mounted on Nepal Border. It came to the notice that accused Umer Madani used to visit various parts of India and Bihar through Nepal border. It was also informed that on the instructions of LeT he was collected a huge consignment of terrorist fund and will come in India to supply this fund to different modules. On 04.06.09 at about 12 noon, Insp. Kailash received an information that accused will come at about 5 PM at main entrance of Qutub Minar, Mehrauli to deliver the consignment of money to one of his associate. The informer also gave description of accused. This information was discussed with senior Officers and DD No. 4 was lodged regarding receiving of this information. Thereafter, a raiding party was constituted comprising Insp. Dharmender Kumar, Insp. Rajender Singh, Insp. Rahul Kumar, SI Kailash Bhist, SI Ravinder Tyagi, SI Dalip Kumar, SI Bhoop Singh, SI Sanjeev Kumar, ASI Sanjeev Lochan, ASI Satish, HC Udai Vir, HC Rajender Kumar, HC Krishna Ram, HC Iqbal, HC Manish, Ct. Nishant and Amar Singh. The raiding party got issued arms, ammunition, bullet proof jackets State vs. Umar Madani Session Case No. 102/13 FIR No. 29/09 2/8 etc. They all left the office of PS Special Cell in two private cars, one Govt. Gypsy and two Two-wheeler scooters at about 3.30 PM. The team reached India Cottage Emporium at about 4 PM. Insp. Kailash Bhist asked 8-10 persons to join the raiding party but none accepted. At about 4.30 PM, the team reached entrance gate of Qutub Minar and took the position alongwith the informer. At about 5 PM accused Umer Madani found coming on the gate having black colour shoulder bag. After arrival, accused started waiting for some one and after about 15 minutes, he was apprehended by the raiding party. The shoulder bag which accused was carrying was taken into possession. It was checked and it was found containing some papers, diaries, personal belongings, Rs. 4067/- of Nepal currency and one white colour polythene bag. The white colour polythene was found containing 80 US dollars of 100 denomination each. Upon further checking Rs. 25,000/- FICN were recovered from said bag. The Nepali currency, US dollars and FICN were sealed in separate parcels. Other belongings with the bag were also sealed in separate parcels. At the time of this seizure and recovery, public person Anil Kumar was present. These parcels were then sealed with the seal of KSB, form FSL was filled and seal was given to Anil Kumar. Upon search, one Indian railway ticket from Aligarh to New Delhi, one railway ticket State vs. Umar Madani Session Case No. 102/13 FIR No. 29/09 3/8 from Patna to Aligarh, two DTC bus tickets, one ISD call slip dated 30.06.09 by which call was made at No. 00923234183839, one ISD call slip dated 03.06.09 of No. 09801557775 and one coloured matrix were recovered. These items were seized and the matrix was translated into Hindi. On the basis of these facts a rukka was prepared. On the basis of this rukka, FIR was registered and the investigation was taken over by ACP, Sanjeev Kumar Yadav.
2. After committal, vide order dated 19.07.2010, charge under Section 489C IPC and 17/18/18-B/20 of Unlawful Activities (Prevention) Act, 1967 was framed against accused Umer Madani.
3. Prosecution has examined as many as 24 witnesses. PW1 Pramod Kumar, PW2 Bijender Kumar Mittal, PW3 Manoj, PW4 Akil Ahmad, PW5 Insp. Kailash Singh Bisht, PW6 ASI Surjeet Singh, PW7 ASI Mathiasbaxla, PW8 SI Dilip Kumar, PW9 Girja Prasad, PW10 Sh.R.K. Pathak, PW11 Sh. Raman Kumar, PW12 Satya Narain, PW13 Rajan Masih, PW14 R.N. Mathur, PW15 SI Dharmender Kumar, PW15 SI Dharmender Kumar, PW16 HC Mohd. Iqbal, PW17 Raj Kumar, PW18 SI Bhoop Singh, PW19 Sh. Anil Kumar, PW20 Vishal Gaurav. PW21 Sh. G.S. Patnaik, PW22 Sh. Ashish Kumar, State vs. Umar Madani Session Case No. 102/13 FIR No. 29/09 4/8 PW23 Devak Ram and PW24 Sunil Bangia.
4 During pendency of prosecution evidence, accused filed an application for pleading guilt. Keeping in view the same, the further proceedings in the present case were stopped and Statement of accused Umer Madani was recorded. In statement of accused under Section 313 Cr.P.C. all the incriminating evidence against accused was put up to which he admit the guilt and prayed for lenient view.
5. Keeping in view the admission of facts and allegations by both accused Umer Madani in Statements of Accused under Section 313 Cr.P.C. as well as the testimonies of PWs, accused Umer Madani @ Umer Samas @ Madani @ Maulana Umer @ Abdullah @ Akbar @ Sajid is hereby convicted for the offences punishable under Section under Section 489C IPC and 17/18/18-B/20 of Unlawful Activities (Prevention) Act.
Announced in the open Court (DAYA PRAKASH) 17/02/2014 ASJ-02/FTC, New Delhi District Patiala House Courts New Delhi/17/02/14 State vs. Umar Madani Session Case No. 102/13 FIR No. 29/09 5/8 State vs. Umer Madani FIR No. 29/09 PS : Spl. Cell, Delhi 17.02.2014 Present: Sh. Rajiv Mohan, Ld. Addl. PP for the State.
Accused is produced from JC.
Sh. Salar M. Khan with Sh. M. Wasiq Khan, counsel for accused.
Vide separate judgment, accused Umer Madani @ Umer Samas @ Madani @ Maulana Umer @ Abdullah @ Akbar @ Sajid is hereby convicted for the offences punishable under Sections 489C IPC and 17/18/18-B/20 of Unlawful Activities (Prevention) Act.
Put up for arguments on the point of sentence at 2:30pm.
(Daya Prakash) ASJ-02/FTC, New Delhi District, Patiala House Courts, New Delhi 17.02.2014 At 2:30pm Present: Sh. Rajiv Mohan, Ld. Addl. PP for the State.
Accused is produced from JC.
Sh. Salar M. Khan with Sh. M. Wasiq Khan, counsel for accused.
State vs. Umar Madani Session Case No. 102/13 FIR No. 29/09 6/8 ORDER ON SENTENCE Arguments heard.
It is stated by Ld. Addl. PP that minimum sentence provided under Sections 17/18/18-B of Unlawful Activities (Prevention) Act is 5 years whereas no minimum sentence is provided under Sections 489C IPC and 20 of Unlawful Activities (Prevention) Act and convict may be awarded appropriate sentence as per law.
It is submitted by counsel for convict that convict Umer Madani is in JC since the date of arrest i.e. 04.06.2009. It is further stated that convict is sole bread earner of his family and he be sentenced to the period already undergone by him in the JC. It is further stated that convict was a teacher in Nepal and due his incarnation, his wife and children become destitute.
I have considered the prayer of the convict as well as submissions made by the Ld. APP. Keeping in view the economic status of convict and pleading of guilt by convict, my inference that convict Umer Madani @ Umer Samas @ Madani @ Maulana Umer @ Abdullah @ Akbar @ Sajid be sentenced as follows:-
a) Rigorous imprisonment for the period of 5 years for the offence punishable under Section 489C IPC.
State vs. Umar Madani Session Case No. 102/13 FIR No. 29/09 7/8
b) Rigorous imprisonment for the period of 5 years each for the offences punishable under Sections 17/18/18-B/20 of Unlawful Activities (Prevention) Act.
c) All the above mentioned sentences to run concurrently.
d) Benefit under Section 428 Cr.P.C. be given to convict Umar Madani.
e) After completion of sentence, convict be set at liberty, if not, required in any other case.
Copy of judgment as well as order on sentence be given free of cost to convict.
File be consigned to Record Room.
(Daya Prakash) ASJ-02/FTC, New Delhi District, Patiala House Courts, New Delhi 17.02.2014 State vs. Umar Madani Session Case No. 102/13 FIR No. 29/09 8/8