State of Tamil Nadu v. Balan, (SC) BS193938
SUPREME COURT OF INDIA

Before:- M.B. Shah and U.C. Banerjee, JJ.

Criminal Appeal No. 671 of 1996. D/d. 9.1.2001.

State of Tamil Nadu - Appellant

Versus

Balan and others - Respondents

For the Appellant :- Mr. R Mohan, Senior Advocate Mr. V.G. Pragasam, Advocate.

For the Respondent Nos. 1 to 4 :- Mr. C. Jairaj, Ms. V. Mohana and Mrs. K. Sarada Devi, Advocates.

For the Respondent :- Mr. R. Venkataramani, Senior Advocate (AC) [not present].

Terrorist and Disruptive Activities (Prevention) Act, 1987 Section 3(iii) read with 5 and 6 Explosive Substances Act, 1908, Section 5 Criminal Procedure Code, 1973 Section 378 Acquittal - Interference in State Appeal - Same held to be not permissible, when the ship allegedly used for bringing ammunition for committing terrorist act in India, not proved to be within territorial waters at relevant time.

[Paras 1 and 2]

ORDER

By the judgment and order dated 3-1-1996 the Designated Court No.II, Madras acquitted the respondents for the offences punishable under Section 120B of the Indian Penal Code read with Section 3(iii) and 5 and 6 of Terrorist and Disruptive Activities (Prevention) Act, 1987 and Section 5 of the Explosive Substances Act, 1908. It was alleged by the prosecution that at 10.5 nautical miles off Karaikkal, near Kodikarai a ship was located and in that ship ammunitions were illegally brought from Bangkok for commission of terrorist act in India. In the present case it is admitted fact on record that after alleged location of the ship the ship was arrested beyond the territorial water roughly at a distance of 60 miles, 100 miles or 150 miles as stated by the prosecution witnesses. The learned Judge after appreciating the entire evidence arrived at the conclusion that there is no definite proof on record to establish that the ship was found within the territorial water of India and, therefore, he acquitted the present respondents.

2. Learned counsel for the appellant has taken us through the relevant evidence and we do not find any definite evidence which would prove that the ship was within the territorial water at the relevant time. In this view of the matter there is no substance in the appeal and is, therefore, dismissed.

Appeal dismissed.