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2007 DAILYLAW 2548 (DEL)

KAMRAN GAUHAR v. STATE

2007-10-08

Shiv Narayan Dhingra

body2007
( 1 ) THIS application has been made by the appellant for suspension of sentence. The appellant has been convicted by the Trial Court for commission of offences under Section 4 and 5 of Explosive Substances Act, Section 489b/489c/120b IPC,, under Section 14 of the Foreigners Act. Under Section 4 and 5 of the Explosive Substances Act, he was sentenced to undergo RI for 10 years and fine of Rs. 10,000/ -. For the offence under Section 5 of Explosive substances Act, the appellant was sentenced to undergo RI for 10 years and under section 14 of Foreigners Act RI for 5 years and fine of Rs. 20,000/- ( 2 ) THE appellant is a Pak National sent to India by ISI for terrorist activities and activities pre-judicial to the interest of India and to create holes in the security of this nation. He was arrested at the disclosure of an accused Abdul Rashid in FIR No. 27/2000, who was caught with explosives. As per disclosure the explosives were supplied to him by a Pak National named kamran Gauhar (appellant ). He also disclosed the area in which he could be found and the scooter number being used by him. With the help of scooter number, he was traced and was arrested on 24th January, 2000 in Karol Bagh area. At the time of his arrest he was found in possession of 2. 9 Kgs of RDX, two detonators, a hand grenade and fake currency of Rs. 50,000/- in the denomination of Rs. 500 notes. His disclosure led to recovery of more fake currency worth rs. 5 lac in 100 and 500 denominations. It transpired that he was having several names. His different names were Kamran Gauhar @ Karman @ Gulam Akbar @ Manail kamran @ Mohd. Zuber @ Mohd. Zaven S/0 Mohd. Shali @ Manial Kamran @ Mohd. Zuber @ Mohd. Zaved S/o Mohd. Shali @ Mohd. Yusuf. He is a permanent resident of 750 akbari Mandi Bazar, Mahaniya, Lahore, Pakistan. It transpired that he was arrested earlier also in India and undergone a sentence under Section 14 of foreigners Act. After completion of sentence, he was deported to Pakistan in april, 1999. He again came back to India as an ISI agent in July, 1999 changing his name to Mohd. Zuber. He was again arrested and deported. It transpired that he was arrested earlier also in India and undergone a sentence under Section 14 of foreigners Act. After completion of sentence, he was deported to Pakistan in april, 1999. He again came back to India as an ISI agent in July, 1999 changing his name to Mohd. Zuber. He was again arrested and deported. However, he was again sent to India and this time he succeeded in establishing a network in delhi with the help of Indian citizens in order to flood India with fake currency notes and to supply explosives for terrorist activities. Surprisingly, despite having two sons in Pakistan, in order to establish a network in India he married an Indian woman, purchased a house here and was getting cooperation in his nefarious activities from Indians. ( 3 ) IT is argued by the counsel for the appellant that he was arrested by Special Cell and Special Cell was notorious for involving people in false cases and the accused was also falsely implicated. However, it is not denied by the counsel for the appellant that the appellant was a Pak National, who had earlier been deported from India twice and had again illegally entered into India and established a network in and around Delhi. ( 4 ) THE counsel for appellant also submitted that the appellant has been in jail now for almost 8 years including under trial period and the Court should always send back such persons, who are foreign nationals, because they become burden on the exchequer of the State. And, if the Court considers that 8 years sentence was sufficient to meet the ends of justice, the appellant would not press his appeal on merits and the sentence awarded by the Trial Court be reduced to sentence already undergone. The appellant be deported to Pakistan. ( 5 ) THE track record of the appellant/accused shows that he was deported twice from this country. He seems to be a hard core trained secret agent of Pakistan Intelligence Service, who is well acquainted with the Indian cities and the geography of cities like Delhi and surrounding areas. His services are repeatedly used by ISI by sending him clandestinely through different routes. I do not find any force in the arguments of the counsel for the accused that the sentence already undergone should be considered sufficient. His services are repeatedly used by ISI by sending him clandestinely through different routes. I do not find any force in the arguments of the counsel for the accused that the sentence already undergone should be considered sufficient. I consider that the moment, the sentence of the accused is suspended, he is likely to indulge in his nefarious anti-India activities and his release on bail shall be dangerous to the national security. The application is hereby dismissed.