Case Note & Summary
The case arises from Criminal Appeal Nos. 1206/2017 and 820/2017 filed by accused No. 1 (Sayyed Mohammed Naushad), accused No. 2 (Ahamad Bava Aboobakkar), and accused No. 6 (Fakir Ahmed alias Fakir) against their conviction and sentence in S.C. No. 60/2009 by the III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru. The prosecution alleged that the accused, along with others, were members of banned organizations, Students Islamic Movement of India (SIMI) and Indian Muzahiddin Organization, and engaged in terrorist activities from 2004 to 2008 across India. They were charged with conducting unlawful meetings, collecting arms, manufacturing ammunition, and conspiring to wage war against the Government of India. The prosecution case detailed that on 3 October 2008, a police raiding party led by the Police Inspector of the District Crime Investigation Bureau, Mangaluru, searched premises belonging to the accused and seized explosives, bomb-making materials, jihad literature, electronic devices, fake identity documents, and other evidence. The accused were alleged to have transported explosive substances to various cities—Ahmedabad, Gujarat, Surat, Pune, Mumbai, Delhi—with the intent to cause bomb blasts, death, and damage to public property. They were also said to have practiced archery, held unlawful assemblies, and used fake SIM cards and passports to hide their identity. The trial court convicted the accused under multiple provisions of the Unlawful Activities (Prevention) Act, 1967, the Explosive Substances Act, 1908, the Explosives Act, 1884, the Indian Penal Code, and the Arms Act, 1959. Accused No. 1, No. 2, and No. 6 were sentenced to rigorous imprisonment for life on several counts, with fines and default sentences. The appeals challenged the conviction and sought its quashing. The Karnataka High Court heard the appeals together and rendered its judgment on 14 November 2022. The provided text only contains the initial factual narration of the prosecution case and the framing of the appeals; the court’s analysis, reasoning, and final decision are not included in the extracted material.
Issue of Consideration
Case Details
2022 LawText (KAR) (11) 45
Criminal Appeal No. 1206 of 2017 C/W Criminal Appeal No. 820 of 2017
B. Veerappa, K. S. Hemalekha
Tomy Sebastian, Ravindra Gowda, C. H. Jadhav, Sagaria Ramesh, Bharath Kumar V., Kiran S. Javali, Vijay Kumar Majage
1. Sayyed Mohammed Naushad, 2. Ahamad Bava Aboobakkar, 3. Fakir Ahmed alias Fakir
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal appeals against conviction for terrorist activities.
Remedy Sought
Appellants (accused Nos. 1, 2, and 6) pray to set aside the judgment of conviction dated 10.04.2017 and order of sentence dated 12.04.2017 passed by the trial court in S.C. No. 60/2009.
Filing Reason
Aggrieved by the conviction and sentence imposed by the III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru for multiple offences under anti-terror laws.
Previous Decisions
Conviction and sentence by the trial court on 10.04.2017 and 12.04.2017 respectively; no other decisions mentioned.
Judgment Excerpts
It is the case of the prosecution that accused Nos.1, 2 and 6 residents of Mukkachery and Chembugudde of Ullal village, Mangaluru Taluk, Dakshina Kannada, being the members of banned Students Islamic Movement of India (SIMI) and Indian Muzahiddin Organization, involved themselves in the terrorist activities from 2004-2008 to do terrorist activities in India...
...on 03.10.2008, CW1-Venkatesh Prasanna, the Police Inspector of District Crime Investigation Bureau (DCIB), Mangaluru, at about 10.30 a.m., with his subordinate officials, on getting authenticated information, raided the houses of accused No.3-Mohammad Ali, accused No.4-Javed Ali and accused No.7-Riyaz Bhatkal...
...the accused persons collected arms and manufactured the ammunitions, conspired and possessed the arms, illegally, with an intention to cause explosion. They also transported the arms, explosives and explosive substances.
Procedural History
The case was committed to the Court of Session as S.C. No. 60/2009. The III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, convicted the accused on 10.04.2017 and sentenced them on 12.04.2017. The appellants filed criminal appeals under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the conviction and sentence. The appeals were heard by the High Court of Karnataka and judgment was reserved.
Acts & Sections
- Unlawful Activities (Prevention) Act, 1967: 16(1)(b), 17, 18
- Explosive Substances Act, 1908: 5(b), 6
- Explosives Act, 1884: 9B(1)(b)
- Indian Penal Code, 1860: 420, 468, 471, 120B read with 149
- Arms Act, 1959: 25(1AA) read with 3
