Supreme Court Hears Appeals Against Conviction Under Arms Act and IPC in 1993 Bombay Serial Blasts Case. Appellants Challenged Conviction for Possession of Prohibited Arms Without License and Destruction of Evidence.

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Case Note & Summary

The Supreme Court heard appeals against the conviction and sentence of Sanjay Dutt (A-117), Yusuf Mohsin Nulwalla (A-118), and Kersi Bapuji Adajania (A-124) in the 1993 Bombay bomb blasts case. The Designated Court under TADA had convicted them for offences under the Arms Act and IPC. The prosecution case was that after the demolition of Babri Masjid on 06.12.1992, Dawood Ibrahim and Tiger Memon conspired to commit terrorist acts in Bombay. Arms and ammunition were smuggled into India and distributed. On 16.01.1993, three AK-56 rifles, ammunition, and hand grenades were delivered to Sanjay Dutt's residence. After the blasts on 12.03.1993, which caused 257 deaths and 713 injuries, Sanjay Dutt was arrested on 19.04.1993 and led police to Yusuf Nulwalla, who had the weapons. Yusuf Nulwalla destroyed an AK-56 rifle with the help of Kersi Adajania and disposed of a pistol. They were convicted under the Arms Act and for destruction of evidence under IPC. The appeals challenged these convictions. The judgment text is incomplete, and the Supreme Court's final decision is not provided.

Headnote

{

"headline": "Supreme Court Delivers Judgment on Appeals Against Arms Act Convictions in 1993 Bombay Serial Blasts Case: Key Charges: Unauthorised Possession of AK-56 Rifles and Ammunition.",

"lawPoints": "Not mentioned",

"issueOfConsideration": "Not mentioned",

"headnote": "Not mentioned",

"summary": "Background: These appeals arise from the judgments of the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for the Bombay Bomb Blast Case (B.B.C. No. 1/1993), Greater Bombay. The appellants, Sanjay Dutt (A-117), Yusuf Mohsin Nulwalla (A-118), and Kersi Bapuji Adajania (A-124), were convicted for offences under the Arms Act, 1959, and, in the case of A-118 and A-124, also under Section 201 of the Indian Penal Code, 1860. The case originated from the 1993 Bombay serial bomb blasts that killed 257 persons, injured 713, and caused massive property damage. A common charge of criminal conspiracy under Section 3(3) of TADA and Section 120-B of the IPC was framed against all conspirators, including these appellants, but they were acquitted of the conspiracy charge. \n\nFacts: According to the prosecution, following the demolition of Babri Masjid on 06.12.1992, absconding accused Tiger Memon and Dawood Ibrahim hatched a conspiracy to commit terrorist acts in Bombay. Arms, ammunition, and explosives were smuggled into India. On 15.01.1993, co-accused Samir Hingora, Ibrahim Musa Chauhan, and Abu Salem visited Sanjay Dutt’s residence and informed him about the delivery of weapons. On 16.01.1993, three AK-56 rifles, 250 rounds of ammunition, and handgrenades were delivered to Sanjay Dutt’s residence. On 18.01.1993, two of the rifles and some ammunition were taken away by co-accused, leaving one AK-56 rifle and a 9mm pistol in his possession. Sanjay Dutt later handed over the rifle and pistol to Yusuf Nulwalla, who, with the assistance of Kersi Adajania, destroyed the rifle and entrusted the pistol to Adajania for safekeeping. San

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Issue of Consideration

Whether the convictions of the appellants under the Arms Act and IPC are valid

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Final Decision

Decision not clearly stated

Law Points

  • Legal points not extracted
  • Illegal possession of arms without license is punishable under Sections 3
  • 7 read with Section 25(1-A)
  • (1-B)(a) of the Arms Act
  • 1959
  • Destruction of evidence to screen offender is punishable under Section 201 IPC
  • Conspiracy to commit terrorist acts is punishable under TADA and IPC
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Case Details

2013 LawText (SC) (03) 78

Criminal Appeal No. 1060 of 2007 (along with connected appeals 1102/2007, 1687/2007, 596/2011, 1104/2007, 1026/2012, 1001/2007, 392/2011)

2026-08-01

P. Sathasivam

Citation not available

Harish Salve for A-117, Surendra Singh for A-118, B.H. Marlapalle for A-124, Mr. Raval ASG for respondent-CBI

Sanjay Dutt (A-117), Yusuf Mohsin Nulwalla (A-118), Kersi Bapuji Adajania (A-124)

The State of Maharashtra, through CBI (STF), Bombay

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Nature of Litigation

Criminal appeals against conviction and sentence under the Arms Act and IPC

Remedy Sought

Appellants sought setting aside of convictions and sentences

Filing Reason

Conviction by Designated Court under TADA for illegal possession of arms and destruction of evidence

Previous Decisions

Designated Court under TADA, Greater Bombay, in B.B.C. No.1/1993 convicted appellants on 28.11.2006 and sentenced on 31.07.2007

Issues

Whether the conviction under Sections 3 and 7 read with Sections 25(1-A), (1-B)(a) of the Arms Act, 1959 is sustainable Whether the conviction under Section 201 IPC is valid

Submissions/Arguments

Arguments not extracted

Ratio Decidendi

Ratio not explicitly mentioned

Judgment Excerpts

During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai (U.A.E.) Pakistan, entered into a criminal conspiracy... On 16.01.1993, A-53, A-41 and A-139 delivered 3 AK-56 Rifles and 250 rounds of ammunitions and some handgrenades at the residence of A-117.

Procedural History

Designated Court under TADA convicted appellants on 28.11.2006 and sentenced on 31.07.2007. Appeals filed in Supreme Court.

Acts & Sections

  • Terrorist and Disruptive Activities (Prevention) Act, 1987: 3(3), 3(2)(i)(ii), 3(4), 5, 6
  • Indian Penal Code, 1860: 120-B, 302, 307, 326, 324, 427, 435, 436, 201, 212
  • Arms Act, 1959: 3, 7, 25(1-A), 25(1-B)(a)
  • Explosives Act, 1884: 9B(1)(a)(b)(c)
  • Explosive Substances Act, 1908: 3, 4(a)(b), 5, 6
  • Prevention of Damage to Public Property Act, 1984: 4
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Supreme Court Supreme Court Hears Appeals Against Conviction Under Arms Act and IPC in 1993 Bombay Serial Blasts Case. Appellants Challenged Conviction for Possession of Prohibited Arms Without License and Destruction of Evidence.
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