Tuesday, July 30, 2013

Gangster Abu Salem wants to be shifted to Portuguese embassy

Abu Salem

Mateen Hafeez TNN

Mumbai: Exactly a month after an attempt on his life at the Taloja prison, extradited gangster Abu Salem on Monday filed an application before the special TADA court seeking directions to the jail authorities that he be moved to the Portuguese consulate in Goa or embassy in Delhi. 

    Jail authorities said they planned to shift Salem but wanted to ensure there was no untoward incident in the other prison. Salem said in the application that Taloja officials received an order to transfer him to the Thane jail. “The applicant (Salem) may be transferred to the Portuguese Embassy till a final decision is taken on the issue of repatriation to Portugal post-termination of an extradition order in the interest of justice,” read the application filed by Ansari through his lawyer, Rashid Ansari. The application prayed to court that Salem not be transferred to any other jail “in the interest of justice since the risk to his life is on a higher scale in other jails”. 

    “Salem has several cases against him and has to be produced before
court. Earlier, he was in Arthur Road jail, where a clash was reported between him and D-gang member Mustafa Dossa. Salem has reportedly told some cops that he did not feel secure in the Thane jail too. We are exploring options since the security of all inmates is our responsibility,” a senior prison department official said.
    CCTV cameras have been installed at Taloja jail’s anda cell as
gangster Devendra Jagtap had hidden his pistol in a loudspeaker there. 

    “A camera will certainly exert psychological pressure on inmates and they will think twice before committing a crime,” an official said. All jails where hardened criminals are kept are engaged in psychological profiling of inmates. “It will help cops maintain tighter security,” he said.


Abu Salem was shot at twice in a high-security anda cell by another inmate, Devendra Jagtap, with a country-made revolver at Taloja jail in Navi Mumbai
Only one bullet hit the extradited gangster’s finger
Jagtap reportedly hid the revolver in a loudspeaker in the prison

He has seven to eight cases against him, including three to do with murders
The Dawood gang dominates the Thane, Arthur Road, Kalyan and Taloja jails
Most Chhota Rajan shooters are reportedly housed in the Thane jail
All jails which house hardened criminals are engaged in this. Details include an inmate’s
crimes, his gang and who he interacts with often

The Times of India, July 30, 2013

Sunday, July 28, 2013

Police facility on terror radar



Mateen Hafeez TNN

Mumbai: Security has been beefed up at the police motor transport unit (MTU) headquarters in Nagpada after the authorities reportedly received inputs that it could be targeted by terror groups. 

    The MTU is located next to the state anti-terrorism squad (ATS) headquarters opposite M H Saboo Siddik College. Vehicles of policemen are repaired and refurbished by the section. The MTU, which is housed in a large compound, contains a
fuel pumping station and a century-old mosque, Moti Masjid. “Earlier there was a threat to the ATS headquarters. Now we have been told notto allow anyonewithbags
inside the compound. Many come to offer namaz but this is the first time that we are not allowing people to carry bags. A terror group may take advantage of the situation,” said an MTU officer.
“The fuel pumping station is located close to the mosque. There have been incidents when anti-social elements have succeeded in setting off an explosion at petrol pumps or oil refineries,” he added.
    The police have locked other gates of the MTU and allowed a single point of entry and exit, which is manned by armed policemen. People entering the premises are asked to produceID-proof.In May,TOIreported that the Indian Mujahideen planned to attack offices of the ATS. 
The Times of India, July 28, 2013

Thursday, July 25, 2013

Not your average Joe: 700 cops guard US Vice-Prez

US Vice-President Joe Biden speaks at the BSE on Wednesday


Mumbai: US Vice-President Joe Biden spent his first day in the city meeting industry leaders and officials of the US consulate after delivering a policy speech at the Bombay Stock Exchange. 

    Biden, whose flight was delayed because of heavy rain on Tuesday night, was provided heavy security cover by the police and officials of the terror wing. Security support was also provided by the US secret service and the CIA. The city police special branch and state intelligence bureau were on high alert. 

    The visit led to minor traffic snarls through the day. Biden was mostly driven through Bandra-Worli Sea Link and south Mumbai roads. He was put up at the Taj Mahal Palace Hotel. Biden will visit the Indian Institute of Technology-Bombay on Thursday to interact with students. Apart
from meeting students who are working in the field of nano-electronics and other specialized areas, he also plans to speak on women’s empowerment. 

    “There is no fixed agenda but he was keen on visiting labs in nano-electronics and earth sciences departments. He also plans to interact with women on the campus and discuss women’s empowerment through higher education,” director of the institute, Devang Khakhar, said. For security reasons, Biden will interact with only a
small group of students, said officials. The US Vice-President will spend at least an hour on the campus. 

    The US secret service’s “surprise elements”, such as change of time for Biden’s programme, created problems for the city police. The US secret service men frequently made slight changes in the programme and time of Biden’s entry and exit. 

    The city police had deployed over 700 personnel for the bandobast.  “We had deployed over 50 watchers of the special branch at the Bombay Stock Exchange, the Taj Mahal Hotel and on the roads,” an officer said. “Four Quick Response Teams were deployed at Taj, four teams at BSE and two were kept reserve.”
    The police said they were tense since Biden’s visit came two days after a threat to blow up the US consulate in the city and Bengaluru on July 21.

The Times of India, July 25, 2013

RR orders probe into assets of senior cop

Additional commissioner of police, Krishna Prakash

Sanjeev Shivadekar & Mateen Hafeez TNN

Mumbai: Maharashtra home minister R R Patil has ordered a highlevel probe against additional commissioner of police (Mumbai south region) Krishna Prakash after opposition leaders accused the officer of amassing several properties in the state by “misusing his position”. 

    During question hour in the assembly on Wednesday, the leader of the opposition, Eknath Khadse, and senior BJP leader Devendra Fadnavis alleged that Prakash had provided misleading information about the value of a land he had bought in the temple town of Shirdi. Fadnavis claimed the senior police officer had also bought realty in prime locations in other districts in the state such as Ratangiri and Aurangabad.
    “Prakash showed he purchased land (in Shirdi) at Rs 1 lakh per acre. To my knowledge, the actual value of the land is Rs 30 lakh per acre,” Phadnavis said.  

Senior officer says he’s ‘ready to face probe’

Mumbai: Demanding a probe into the assets of senior police officer Krishna Prakash, senior BJP leader Devendra Fadnavis said: “The officer should identify land available at such throwaway prices. We too would like to buy property at such a low rate.” He added: “The officer seems to have misused his position to procure the land.” 

    In his reply, R R Patil said Prakash had mentioned the land he owns in the asset declaration given to the government and “in the IT returns”. However, opposition leaders insisted on their demand.  Finally, Patil gave in and announced a probe, which will be conducted by an officer of the rank of inspector general of police.
“We will verify whether the IPS officer undervaluedhis assets,” Patil said. “The probe will be completed within three months and the report tabled in the state legislative assembly.” 

    Prakash told TOI, “I am open to any inquiry. My conscience is clear. I have submitted my property details in income tax returns. I have never hidden anything from the state.” He refused to comment when asked if he suspected political conspiracy behind the probe. Sources however saiditcouldbethefalloutof Prakash’s achievements: in 2011, officers under him had arrested a legislator’s kin in a criminal case. 

    According to a Mantralaya source, Prakash was “handpicked by Patil” to take over as additional commissioner of police (south region) in Mumbai.
Krishna Prakash originally hails from Jharkhand and is a 1998-batch IPS officer. His father, Rajmohan, retired as additional superintendent of police in Bihar. Prakash has served stints in Gadchiroli, Nanded, Malegaon, Buldhana, Amravati, Sangli and Ahmednagar. He is currently additional commissioner of police (Mumbai south region) 
 ALLEGATIONS OF OPPOSITION LEADERS | Prakash allegedly purchased costly land near Shirdi airport, but declared a much lower value. He also bought properties in Ratangiri and Aurangabad districts by ‘misusing his position’
Prakash showed he purchased land (in Shirdi) at 1 lakh per acre. To my knowledge, the actual value is 30 lakh per acre

I am open to any inquiry. My conscience is clear. I have submitted my property details in income tax returns. I have never hidden anything from the state. I am from an agricultural family and have properties in my hometown, Hazaribagh, in Jharkhand. I will face the inquiry and come out clean — Krishna Prakash

The Times of India, July 25, 2013

Wednesday, July 24, 2013

US Vice-Prez on two-day visit to city

Sharad Vyas & Mateen Hafeez TNN

Mumbai: US Vice-President Joe Biden, who is on a four-day visit to India, was to arrive in Mumbai late on Tuesday. Biden andhiswifeJillwillbe putup in Hotel Taj Mahal Palace during their two-day visittothecity.
    A state official said Biden’s visit will focus on trade, business and industry, and also touch upon the broader issue of Indo-US engagement. “We are preparing to present an overviewof the state’s industrial achievements and investment opportunities available in several sectors here,” said a senior official of the protocoldepartment.
    On Wednesday, Biden is scheduled to deliver a policy speech attheBSE, andthen hold aroundtablewithbusinessleaders and corporate honchos at Hotel Taj. On Thursday, he will interact with teachers and students at IIT-Bombay, Powai, before taking off for Singapore—the last leg of his visit to the SouthAsian region.
    Mumbai police personnel will guard Biden, though he has his own security cover. “We are following the same security pattern used during US President Barack Obama’s visit three years ago.Asonelaneleading to thehotelwill remain closed, residents have been issued ID cards. Quick response team commandos will be posted around the hotel and Force One personnelwillbeon standby duty,” said an officer. 
The Times of India, July 24, 2013

Tuesday, July 23, 2013

After 13 yrs, EOW starts probe into faulty rifle magazines sold to police

Mateen Hafeez TNN

Mumbai: Thirteen years later, the economic offences wing has finally started investigations to nail a businessman who sold allegedly defective magazines for self-loading rifles to the state police. Of the total magazines supplied to the police, 26,200 could not reportedly be used by the security forces in sensitive areas like Gadchiroli and during anti-Naxal operations.
    In July 1998, the state police floated a tender, inviting bids from suppliers of SLR magazines. Subsequently, the contract was awarded to Jaison Industries Pvt Ltd, which by March 2000, supplied the required consignment and the magazines were distributed to various police agencies. “In 2000, for the first time, the assistant superintendent of police in Gadchiroli reported to the director-general of police’s office that the magazines were oversized and could not be fitted in jackets,” said an officer. 

    After receiving a complaint from Gadchiroli, the magaiznes were sent to Armament Re
search and Department Establishment in Pune for an examination. The institute confirmed that the magazines were faulty and not of the ordered size. The director-general’s office then asked all the police agencies to send back the magazines and the state police asked the firm to replace the consignment. But Jaison Industries refused to give a replacement as a result of which the state police incurred a loss of Rs 59.95 lakh. 

    Thirteen years after the defects came to light, the police finally lodged a complaint against Jaison Industries with the Colaba police last month. Assistant inspector general Tejsingh Chavan lodged a complaint against Jayant Kulkarni (75), the owner. The case has been transferred to the EOW. “We have not yet arrested Kulkarni. We are collecting the relevant papers and inquiring,” said an officer. 

    Last year, a similar case surfaced, when the EOW registered a case against a businessman, Bimal Aggarwal, for supplying faulty bomb suits to the state police. Aggarwal was later released on bail.


Cops lost 60L to oversized consignment 

 In 1998, the state police awarded a contract to Jaison Industries Pvt Ltd to supply magazines of self-loading rifles. By March 2000, the firm supplied the entire consignment and the magazines were distributed to various police agencies. But in 2000, the assistant superintendent of police in Gadchiroli reported that the magazines were oversized and could not be fitted in jackets. Though the state police asked the firm to replace the faulty magazines, the latter refused to do so, causing a loss of Rs 59.95 lakh to the force. 
The Times of India, July 23, 2013

Monday, July 22, 2013

Convicted Pak spy to appeal in high court

Espionage case convict Javed Mozawala will file an appeal in the Bombay HC on Monday challenging the sessions court order that sentenced him to jail for seven years. Jamiat-ul-Ulama will file the application on Mozawala’s behalf. “We are not satisfied with the lower courts judgment,” said Gulzar Azmi, secretary of Jamiat’s legal cell. 
The Times of India, July 22, 2013

Security checks at stations yield 20L diamonds


Mumbai: Security checks being carried out at stations to prevent terror attacks resulted in the recovery of diamonds worth Rs 20 lakh, unaccounted cash of Rs 4 lakh and 44 cartons of gutkha worth Rs 20 lakh on Saturday night. The seizures were made by the government railway police (GRP) during three separate checks at Dadar and CST. 

    “We were checking passengers’ bags and frisking suspicious-looking persons when we spotted a nervous-looking man carrying a bag on his shoulder in Dadar,” said senior inspector (GRP) Rajendra Trivedi.

    “We found 25 packets of diamonds, worth Rs 20 lakh, and Rs 4 lakh in his bag,” said Trivedi. “He told us that his name was Asif Memon (24). He claimed that he was taking the diamonds to Surat and was to board Gujarat Mail. But he kept changing his versions and gave us evasive replies. We took him into custody and will hand him over to the income tax department for further investigation.”

    Acting on a tip-off, the police laid a trap and recovered 44 cartons of gutkha ar CST. “Earlier, consignments would arrive at Mumbai Central station by longdistance trains. But after we arrested a few persons, the consignments stopped arriving at Mumbai Central. Our informer had told us that the gutkha consignment would arrive by Punjab Mail,” said Trivedi. “The gutkha was sent from Delhi. We have alerted the police in Delhi.”

    “At several stations like Kalyan and Dadar, we have installed baggage scanners, door frame metal detectors and deployed extra police personnel to check for explosives or unclaimed bags. Dog squad has also been pressed into service,” Central Railway spokesperson A K Singh said.

    A senior railway protection force official said security has been tightened at all the stations and on suburban and long-distance trains. 
(With inputs from Mateen Hafeez and Sandhya Nair) 


Security beefed up: 

Security has been tightened in the city as well as in adjoining areas. On May 6, TOIreported that an outfit, Al-Jihad, had threatened to blow up the US consulate in Mumbai on July 21. The police conducted combing operations on Saturday night at lodges, hotels and bars; roadblocks were set up at traffic signals and flyovers. Leaves of all the policemen in the anti-terrorism squad and Force1 have been cancelled. DCP (zone 9) Chhering Dorje met fishermen in Versova village and asked them to be on the lookout for suspicious activity. Security at temples in Thane rural and Mira Road has been increased. 

The Times of India, July 22, 2013

Sunday, July 21, 2013

13/7 accused seeks discharge

Mumbai: Haroon Rasheed Naik, a prime accused in the 2011 Mumbai blasts that killed 27 people, on Saturday filed an application before the MCOCA court, seeking discharge from the three blast cases.
    Naik is accused of sending Rs 10 lakh from Dubai to a Delhibased operator through hawala in 2011. The state ATS has said Naik was trained in Afghanistan, where he met Taliban leader Osama Bin Laden and LeT chief Hafiz Saeed. Advocate Sharif Shaikh filed the plea before judge YD Shinde. Mateen Hafeez
The Times of India, July 21, 2013 

Saturday, July 20, 2013

Cops take battle against terror to schools, hosps

Vijay V Singh TNN

Mumbai: Following Indian Mujahideen’s threat to attack Mumbai on July 21 and the serial blasts at Bodh Gaya, the city police are going all out to ensure that no area is vulnerable.

    Men in khaki have been boarding buses and visiting schools, colleges as well as hospitals, asking people to remain alert and inform them about suspicious activities and persons. Policemen have also been telling citizens what to do in case of a terror strike.  “People at hospitals and schools were surprised when we visited them. But we told them that anything can happen anywhere and it’s important for each of us to stay alert and not spread rumours,” a senior officer said.

    Mumbai police commissioner Satya Pal Singh called a meeting of officers of the rank of deputy police commissioner and above on Wednesday to discuss the terror alert and assess the force’s preparedness.

    After the July 7 Bodh Gaya blasts, IM posted on a micro-blogging site that its next target would be Mumbai. In May, the Western Naval command headquarters had alerted the city police about the threat of a bomb attack on the US consulate here on July 21. Members of a terrorist module busted earlier had told central intelligence agencies about the places they had recced for a strike in Mumbai. The police have since increased security at these places.

    “Terrorists mostly target public places to cause maximum damage and get maximum attention. It is not possible for police officers to be present at all the places at all times. It is, therefore, important that citizens remain alert. This will deter the terrorists,” said another officer.

    The police have also removed hawkers from vulnerable places and instructed housing societies to deploy private security guards as well as instal CCTV cameras. “We are doing our best to tackle terrorism. At the same time, we expect people’s active participation,” said deputy police commissioner (Zone-9) Chhering Dorje.

    Police personnel have been distributing pamphlets listing dos and don’ts (see box) and running ads on cable TV and multiplexes, exhorting citizens to be aware of their sorroundings while travelling in trains and exercise caution. Mock drills are also being conducted.

Inform the police about suspicious objects, vehicles and persons
While giving your property out on rent, verify all the details of the lessee
Keep an eye on your surroundings while travelling in train or bus and inform the police if you find any unattended bag
Don’t touch unattended suspicious bag/boxes
Don’t create panic and don’t spread rumours
Don’t rent the house to unknown persons


High alert over July 21 terror threat

Tsecurity he state anti agents -terrorism are on high squad alert , the to crime avoid branch any untoward and other incident on July 21. The Western Naval command headquarters had alerted the city police about the threat of a bomb attack on the US consulate on July 21. TOI had reported this in its May 6 edition. The single-page threat letter had “Al-Jihad” written on top. It stated that US consulate officials were the targets. “We shall carry out blasts in public places and railway stations of Hyderabad, Bangalore and Mumbai in July this year,” stated the letter. Mateen Hafeez 

The Times of India, July 20, 2013

5 Malegaon blasts accused file discharge plea

Mateen Hafeez TNN

Mumbai: Five Muslim youth, who spent five-and-a-half years in prison for the 2006 Malegaon bombings, on Friday filed a discharge application before the special MCOCA court. The accused, all on bail, stated that the state ATS has falsely implicated them in the cases. 
    Advocate Shareef Shaikh, who is representing the accused, filed a discharge application stating that Noor-ul-Huda, Shabbir Masiullah, Raees Rajjab Ali, Zahid Majeed and Abrar Ahmed be discharged from the serial bombing cases.
    Citing NIA’s supplementary chargesheet, the application stated, “Baburao Mukhtaji Joshi, in his statement to NIA, said that on October 11, 2006, Huda was taken for narco analysis test to Bangalore, but the police team returned without conducting a narco test.” Two days later, a senior Malegaon police officer asked Joshi to take Huda to Bangalore for narco test. Joshi told NIA that Subodh Jaiswal, additional commissioner of police (ATS) was already present at Bangalore’s FSL, even before they reached. Quoting Joshi from NIA’s report, the application said that when Huda was taken into the laboratory, Jaiswal was present in the lab too, and that Huda’s statement was edited in the lab. “Dr Malini who conducted the test has been suspended since she was practicing on a bogus certificate,” the application said. 
The Times of India, July 20, 2013

Friday, July 19, 2013

The Discharge application of five Malegaon bomb blast suspects

This application was filed before the MCOCA court on July 19, 2013





1)     Noorulhuda Samsodhoha   …..APPLICANT.
R/o H No 42 S No 91 Jafar Nagar 
Malegaon Dist. Nasik.

2)     Shabbir Ahmad Masiullah
Mahada Plot  No 58 Noor Bagh
Malegaon Dist. Nasik

3)     Raess Ahamd Rajjab Ali Mansuri
Mahada Plot  319 New Islampura
Malegaon Dist. Nasik

4)     Mohd .Zahid Abul Majid
Malegaon Dist. Nasik
5.         Abrar Ahmad Gulam Ahmad
Malegaon Dist Nasik 




The applicants submits as under,
1.      In brief the prosecution story is as as under:
That on 8-9-2006 bomb explosion had occur at Malegaon ,on Friday and Shabe.barat, next day of Ganesh Visarjan, three in Hamidiya Masjid Bada Kabrastan and one at Mushawarat Chowk, resulting in killing of 31 persons and injuries to 312 .Two cases registered Cr.No. 95/2006  and 96/2006 by Azad Nagar Police Station .
0n  13-9-2006 one fake bomb was found at  Mohammdiya  Masjid shopping complex , case is registered at  Cr.No. 3088/2006  by City Police Station Malegaon .
2.      The Initial investigation was carried out by local police under the supervision of then S P Mr. Rajvardhan till 23-10-2006 , then on 23-1o-2006 matter was  transfer to ATS Mumbai, and on 21-12-2006  it was transfer to CBI ,on the same  day ATS filed charge sheet, and on 6-4-2011 to  NIA ( after confessional statement of Asimanand)
3.      ATS filed chage sheet on 21-12-2006 ,  CBI filed a supplementary chargesheet on February 11, 2010, NIA filed his suplementry chargesheet on 22-5-2013
4.      Noorul Huda accused No.1 was arrested by the local police, one month after the  blast, u/s 10 and 13 Unlawfull activites act and  then arrested in fage bomb blast took  place on 13-9-2006 at Mahammdiya shopping complex Malegaon Dist, and  lastly  made first accused  in Malegaon Bada Kabrashtan blast of 8th September 2006 .He was produced before Ld. Magistrate for remand. The Ld. Magistrate was pleased to remand the accused in Police Custody time to time  and then  thereafter in Judicial Custody.
5.      That after the  arrest of accused No,1,investigationg agencies arrested the other eight accused , all the accused were produced before Ld. Magistrate for remand. the Ld. Magistatre was pleased to remand the applcaint in police custody time to time and thereafter was pleased to remand the applicant in Judicial Custody
6.      That after the arrest of above named accused persons  in false case the ATS illegally invoked MCOCA. Act against the accused persons to obtain false confession under duress, threat and compulsion.
7.      That in the name of investigation the investigation officer ACP Shengal recorded false statement of various witnesses under section 161 of Cr.PC and under section 164 of Cr.pc, by threatening, harras, under duress and coercion, .After completing the investigation the above said investigation officer filed charg sheet before this Hon’ble court and falsely implicated  applicants in false case.  
8.      Asimanand made confessional statement before the Magistrate ,that Sunil Joshi meet him on  Devali 2006, and told him that Malegaon 2006  blast done by our boys i.e.Hindu teeririst. On the basis of said statement. the further investigation of present matter was transferred to N.I.A and the N.I.A collected sufficient evidence to show that the present nine accused including the applicants are not involved in the said blast but other are involved.
9.      That during the course of Investigation N.I.A arrested i). Rajendra Chaudhary, ii). Dhan Singh and Manohar, residents of Distt. Indore, Madhya Pradesh and  others. Further investigation by NIA revealed that Rajendra Chaudhary, Dhan Singh, Manohar and Ramchandra Kalsangra had planted and caused four bomb blasts in Malegaon on 8th September 2006. After completion of investigation on 22.5.2013, charge sheet against (i) Rajendra Chaudhary @ Dashrath @ Rajender @ Samandar Singh, son of Vikram Singh Chaudhary, resident of Dhakad Seri, Depalpur, Indore (MP), (ii) Dhan Singh son of Shiv Singh Chaudhary, resident of Hanuman Chowk, Hathod, District Indore (MP), (iii) Manohar son of Ram Singh Narwaria, resident of House No.39, Gurdakhedi, Hatod, Indore (MP) and (iv) Lokesh Sharma, Son of Gopalkrishan Sharma, House No.180, Sanghi Street, Mhow, District Indore (MP) has been filed in the Special NIA Court, Mumbai under section 15 read with 16, 18 of UA(P) Act, section 302, 307, 324, 325, 326, 427, 436, 295 IPC 120-B, 153-A IPC Section 6(A) & 9(B) of Explosive Act and section 3,4,5,6 of Explosive Substances Act. Investigation against absconding accused persons Ramchandra Kalsangra, son of Gopal Singh Patidar, resident of House No.21, Shanti Vihar, Kanadia Road, Indore (MP), Sandeep Dange, son of Vishwas Keshav Dange, resident of House No.360, Lokmanya Nagar Ramchandra Kalsangra, Amit Hakla and others still continues. Mr. Prasad Shrikant Purohit (an Accused in 2008 Malegaon Blast as well) has confessed his role for participating right – wing terror outfit named “Abhinav Bharat” during his official duty in Indian Military Intelligence / as a Military Corp wherein according to prosecution the Accused has formed an Organization named “Abhinav Bharat Trust “at Pune in 2006.
10. That at the time of filling the charge sheet against the above named accused persons the N.I.A has not discharge the present applicants.
11. Without prejudice the prosecution story and the defence which the applicants may take in future the applicants prays for discharge on the following amongst other grounds.


a.      That the applicants are innocent, nothing to do with the alleged offence, they are falsely implicated, on the basis of
forged and concocted evidence as mentioned below.
b.      On  8-10-2006( one month after blast) Noorudlhuda was arrested by Azad  Nagar police station in Cr No. 3081/2006 under section 10 and 13 of Unlawful  Activities Act 1967 , alleging that Noorulhuda is active member of SIMI and some books were shown to be recovered from his house.F.I.R  is annxed at  Exh.”A”
c.       On 10-10-2006 Azad Nagar police station filed application before the Ld. Magistrate  Malegaon for seeking permission to undergo lie-detector, brain mapping and narco analysis test of Noorulhuda , on the ground that he is not co operating in investigation and refuse to disclose any thing regarding the blast. The application is at Exh.”B” It is surprising to note  that in course of investigation under   U P Act police is trying to fabricate evidence in respect of Malegaon blast case 2006. Ld Magistrate rejected the said application by order dated 12-10-2006 ,which is at Exh “C”
d.      The Ld Magistrate has rejected the said application by well reason that it is not the case of prosecution that any incriminating material or evidence pertaining to blast was obtained and arresting accused in one crime and seeking permission from the court to do investigation  in respect of another crime by conducting aforesaid scientific test. It is absolute illegal unconstitutional and without any authority .Nothing prevented the police in arresting Nooruduhuda in Malegaon blast case.
e.          It is not the case of prosecution that aforesaid scientific test is required to corroborate a certain incriminating evidence or material found.
f.              It is surprising to note that before the Ld Magistreate could decide the said application, Noorlhuda was taken to Banglore by police and subjected  to brain mapping and poly graph examination in regard  to Malegaon blast case, which is evident from letter dated 12-10-2006 issued by Dr. Malani address to Mr. Shaikh I.O Azad Nagar police station Malegaon.Letter written by Dr. Malani dt. 12-10-2006 (Ref letter from I.O 10-10-2006 annexed   herewith at EXH “D” that brain mapping and poly graph test of Noorulhuda was carried out and he has knowledge about Malegaon blast.
g.      On the very day  12-10-2006 after rejection. the  revision application was preferred by police before Session Judge Malegaon vide criminal application No 133/2006, the said application was allowed by order dated 16-10-2006.Time and again his scientific test was carried out.
h.       On 22-10-2006 Noorulhuda was taken into custody and shown to be arrested on Cr. No. 3088/2006 by city police station Malegaon having planted bomb in Mohammadiya Masjid shopping complex Malegaon,on 13-9-2006, on allegation that since communal riot could not takes place after Malegaon blast (8-9-2006) therefore Noorulhuda and other planned to place fake bomb on the ventilator of Mohammadiya Masjid complex in the area of mixed Hindu and Muslims population so that it could result communal riot.
i.         A new twist was added to this episode by the Sp Rajvardhan and others who after  sniffer dog having sniffed to be power full bomb and about 8 hours took to diffuse it by hectic efforts by diffuse team Nasik. Sp Rajvardhan gave press release that it was fake bomb.
And lastly Noorulhuda was arrested in Malegaon Bada Kabrastan blast 2006.
 It fails to appeal to once sense as to how could Nooruhuda hated up conspiracy under the nose of police  when  he was continuously under the police surveillance(described below) and police could not obtained a single piece of evidence against him including U P Act till his arrest on 8-10-2006. 
            NIA  REPORT ABOUT NOORULHUDA            
NIA  supplementary charge sheet reveals that  Crime branch officer Shri Shaik s/o Shaikh  Munir made statement  that being a crime
branch member he always kept watch on his the activities asper  the order of Senior because  Noorulhuda was SIMI  Activist
NIA Sup.Charge Sheet reveals that Shri Devidas Baburao Sonawane under his statement u/s 161 says that on 14-9-2006 Sp.Rajwardhan called Noorulhuda and examine him and asked to keep discreet watch on his activities .I do not know what was the intelligent behind the Noorulhuda .I was asked by Sp.Rajwardhan to find out his involvement. The sketches were shown to him .He did not identify. He acted as per the direction of Dy.S.P. Shri Malegaonkar and Sp.Rajwardhan  .After record his statement I did not find his involment  toarrest him at that point of time.
NIA Sup. Charge  sheet reaveal that Shaikh Nasir Abdul Hamid police inspector U/s 161 Cr.P.C.  that after ten day of the blast acting on intelligence house of  Noorulhuda was searched and some books and pamphlets of SIMI Ideology were recovered, he was arrested and PSI Sudhir Bhimrao Patil lodge FIR
NIA Sup. Charge sheet reveals that Shri Baburao Mukhtaji Joshi in his statement u/u 161 Cr.P.C. that on 11-10-2006 one person by name Noorulhuda was arrested by police Azad Nagar Cr.No. 3081/2006 U/S 10 and 13 0f U.p.Act and he was taken to Baglore by Dy.S.p. Shri, Malegaonkar for Narco Analysis Test. They came back on 14-10-2006 without conducting the test.

Again on 16-10-2006 he was asked by Dy.S.P. Malegaonkar to take Noorulhuda to Baglore for Narco Analysis .When we reached to FSL Shri Jaiswal CP/ATS Mumbai was there.Noorulhuda was taken for Narco Analysis Test. Dr.Malani of FSL and Addl.CP. Jaiswal were in laboratory.
On 21-10-2006 on the day of Deepavali he was asked by Shri Jaiswal to bring Noorulhuda to FSL.CP. Shri Jaiswal was present inside.Dr. Malani conducted Narco Analysis test of Noorulhuda CD of Narco Analysis was collected by Addl. CP. Jaiswal
That means immediately after the arrest of Noorulhuda U/s 10 and 13 UPA Act on 8-10-2006 without collecting any evidence he was taken to Banglore for scientific test and time and again subjected to scientific test .And after adding and subtracting date favourable scientific Test report was prepare. Now Dr.Malani is suspended from his post, as she was serving on bogus certificate.
NIA also conducted scientific Test of all accused, which negate the report of ATS.
NIA Supplementary charge sheet also reveals that ATS and CBI focus primarily on fake bomb recovered on 13-9-2006 and linking the same with accused person in manner described above
It is surprising to note that in charge sheet of   Malegaon blast case 2006,, in so called   confessional statement of the accused  it is the case of ATS that in the third week of  July 2006 accessed prepared six bombs in the godown of Shabbir Massiullah and till the blast, it was kept in the same godown .Confessional  statement also reveals that all the activities of bomb blast took place in the godown  of Shabbir .On 7th September at night , in morning of 8th September 2006 and on 13th September ,they gathered together in the godown of Shabbir and police fails to keep watch on Noorulhuda when he was under discrete watch of police from May 2006. Noorulhuda was serving in the battery shop of Shabbir. This falsify the claim of police that they have prepared bomb and gathered at godown etc.
Shabbir masiullah was  already in police custody since 2-8-2006, when Malegaon blast took . He was shown to be arrested in Malegaon blast case on 21-11-2006
Shabbir and one Nafees were arrested and prosecuted in Cr.No. 1106/2006 , U/S 10 and 13  of Unlawful Activities (prevention ) Act 1067,  on 1 -8-2006.BY  Shripath Bala Krishna attached to DCP CID UNIT 7 GHATKOPER MUMBAI ,  received information from reliable informer (kabari )that Shabbir Massiullah and one Nafees from Govandi are likely to create destructive   activities dangerous to lives and property at large and they have taken training from Pakistan for handling  arms and ammunition, and will cause destruction during the Ganesh Utshav during the period between 28-8-2006 to 7-9-2006.Shripath Kale disclose the said fact to his superior and therefore Shabbir Massiullah was arrested on 2-8-2006 and they were prosecuted in Cr.No. 1106/2006 , U/S 10 and 13  of Unlawful Activities (prevention ) Act 1067,which is annexed at Exh. “E”Collecltivey

It is to be noted that police  after registering the said case against the Shabbir Massiullah ,police neither taken the search of godown and house nor kept watch on his associate particularly when there was serious allegation against him.
It is surprising to note that in charge sheet of Malegaon 2006 Blast case , in so called confessional statement of the accused , it is the case of  ATS that in the third week of July 2006 , accused persons prepared six bombs in the godown of said Shabbir Massiullah and till the blast the same  was kept in the same godown . The confessional statement also reveals that all the activities of bomb blast took place in the godown of Shabbir.
On 7th September 2006 at night, in the morning of 8th September and 13th September , they gathered together in the godown of Shabbir ,but police neither kept watch on the godown , nor taken search of godown and his associates. It assume important particularly  when CID Mumbai had specific knowledge that Shabbir is likely to do destructive activites at the eve of Ganesh Festival.Thus these falsify the claim of police that they have prepared bomb and gathered at his the down.
It  is surprising to note that Shabbir was arrested by police on 2-8-2006, and other accused were so brave that they  do not change the place of  gathering and they continued their  bomb blast activities as mentioned  above carried out  in the same godown of Shabbir.

In Cr.No. 1106 of 2006, it is alleged  that Shabbir massiullah had gone to Pakistan via Dubai and after taking training return via Nepal. These aspect were investigated by police, addressing two letter to Regional Passport Branch SB- II ,CID MUMBAI The PRO (Policy)pro Mumbai replied back vide by its letter dated 18-8-2006 that no detail of passport of Shabbir Masiullah  are available and record shows that no fresh passport in the name of Shabbir Masiuulah ,  is issued by this office.Which is at Exh F This falsify the claim of prosecution of having traveled to Pakistan via Dubai and received training.
After  Ghatkoper case ,Shabbir Massiullah was arrested in Bomb blast case  Nasik 2006, in which he was release u/s 169 CR.p.c   thereafter his transfer was taken in Malegaon blast 2oo6.
It is to be noted that on 22-11-2006 the confessional statement of Shabbir Massiullah was recorded by Police Commissioner and in verification recorded by Metropoilitan Magistrate, that confessional statement are false and concocted and they never prepaered the bomb at his factory he was pressurized to  sing .This amount retraction.Retraction was done by him immediately.
The above facts shows that how police and ATS have fabricated and cococted evidence against the accused.
Arrest of Shabbir before the blast and transferring him Malegaon blast cast 2006, creat doubt about the role of police, which need to be scrutinized minutely. 

Shabbir Ahmad Battar wala charge sheeted by ATS as one of the key conspirator in the present case. As per charge sheet he produce the explosive material fro Mumbai with the help of Mohd Ali and Asif Khan Bashir khan .He provided shelter to two Pakistani parpared six  bomb in his godown, in the last week of July 2006 ,which were kept hidden in the godown till blast. Four were used for causing bomb blast on 8-9-2006 two remaining bomb could not be recovered or accounted for during investigation.
Further investigation by NIA has revealed that Shabbir Battarywala was brought to Ghatkoper Crime branch  office on 3-08-2006 and was interrogated by Mumbai police from 3-8-2006 till his arrest on 11-8-2006 in Ghatkopar Crime branch in LAC-34/2006 and remained in  police custody of Mumbai police from 12-8-2006 to 25-8-2006 .On the day of blast at Malegaon he was in judicial custody.
It Is that in the charge sheet find by ATS it is shown alleged that Mohd Zaid Abdul Majid Along with Abrar Ahmed (A-9) has planted the bomb at mushavarat chowk
However it is pertinent to note that on the day of blast , Mohd.Zahid  Abdul Majid was at  Phulsanglt, Dist Yawatmal, 500 to 600k.m. away from Malegaon, he has performed five time prayer at Pulsangli, where he was Imam. He is shown to be planter of at  Mushwarat chowk blast. Zahid Had two cases under section 153 (1)I.P.C.so to invoke MCOC, he is made accused in this case 
There is memorandum given by the villagers that on the day of blast Zahid was at Phulsangli and affidavit is also executed by the villager before the executed magistrate conferring that on the day of blast was he was at Phulsangli.which is at Exh.G
There is also affidavit executed by villagers, before the executive magistrate , immediately after the arrest of Zahid Abdul Majid, that on the day of blast he was at Phulsangli.EXH. H
Zahid had two cases against him U/s 153()1 of IPC and he is made  accused for invoking the provision of MCOC against the accused.
F.I.R is at Exh I
In the charge sheet filed by the ATS there is panchnama dated 13-12-2006 showing that Mohd Zahid was given written transcript  of telephonic conversation and then he was asked to take his name and read the  conversation which run like this

  , which allegedly came to be recorded on the cassette , of  which two copies were made ,The cassette were packed and sealed with signature of panchas.
 It is surprising to note that through  confession of Zahid and Abrar ,it is shown that it conversation between them.Detail of which is given below)Exh J 1
NIA report reveals that .they have  recorded statement of 12 persons and all of them stated that on the day of blast  Zahid was at Fulsawangli Dist. Yavatmal, which is 400 km. There is evidence that  five time prayer was performed by Zahid and also he  also attained programme held on day of Shabe barat.
NIA recorded statement of  witnesses DII- 31 to DII 41 , which disclose that from morning of 8-9-2006 till night  Maulana Zahid was at Fulsangli. After Namaz Maulana Zahid had given speech. They also  stated that they know jahid ,he was Immam of Arabi Madrassa frm 2004 to 2006
Witness No.DII-32  stated that  we offered our Fazar ki Namaz at Arabi Madarssa around 5,30 in the morning Malunan Zahid was present.Aound 12.30 p.m. he went to Jamma Masjid ,Maulana Zahid was present in Namaz.
NIA also recorded the statement of Hamid Husain Javeed Iqbal  that he is running  foot wear shop in the name and style National Foot corporation  ,Shop No.8, Mohammdiya Shopping Center, Malegaon. Abrar Ahmad purchased chappals from his shop for Rs.650 and paid Rs.300 and Rs.350 is still unpaid. On 3rd October 2006 he saw Abrar ,and demanded remaining amount, on which Abrar Ahamd said “ He had started construction work along with 7-8 persons and some of the partner had done theft and they have caught and they told his name and also threatened him, Abrar Ahmad  told him to  call on his mobile which he will record and gave the employers to hear the same, so that employer will believe him and give him money and his problem will be solved As told, I call Abrar Ahmad on his mobile No. 9823340809 from coin box situated near Pahelwan Hote Saying “ Madar chod jintana bola tha too boll chukka ab sun hum long ko jitna saman gayab karna tha hum kar chuke ham log us ko gaon mein nahi la sake”
 Abrar Ahmad recorded  the above conversation on his mobile phone and thanks him that “ Ab mera kam ho jayega”
On 16th October 2006  Hamid Iqbal  came to know through Urdu times and Inqlab news papers that Abrar Ahmad is police informer and he will do any thing with money. On learning  Hamid Husain went to Jamiyat Office, and prepared  his written statement .On 20th October 2006 he executed  affidavit before the Notary. The affidavit bear his signature and submitted the same to NIA. The affidavit is filed along with NIA supl.Charge sheet. The affidavit is annxed at Exh J 2
IThe said Hamid Husain Javeed Iqbal did not dream beforehand that this fact would be mentioned in the charge sheet ( it is to be noted that chage sheet if filed in the court on 21-12-2006 and given to the accused very late in 2007)
In short we can say police replace the voice of Hamid Husain with that of Zahid and further shows that ZAHID has connection with Abrar.
ATS filed charge sheet without FSL report of Voice Conversation of Zahid
It is to be noted that on 13-9-2006 SP.Rajwardhan  succeeded in roping police informer one Abrar Ahmad  Gulam Ahmad,  helped in fabricating false story.
On 13-9-2006  Abrar was stopped and checked at Nakabandi at Rasethupul ,near Maruthi Mandir, and then taken to Sp.Rajwardhan , here he was shown some photographs and check whether he could identify those person. The Abrar was taken into confidence by Sp.Rajwardhan .Abrar has disclose the overheard talk of Medicare Hospital to Sp.Rajwardhan , after hearing Sp.Rajwardhan became unrest and requsted Abrar to stand witness and to solve blast case. As kind gesture Sp.Rajwardhan had given mobile phone bearing No.9823436809 and asked him to be in contact on his mobile No.9422250775 and instructed  Abrar to act according his instruction.
Sp. Rajwardhan provided another mobile No. 9825826597 to Abrar’s wife Janatunnisa  and these were the special mobile whose conversation Sp.Rajwardhan could hear simultaneously.
In the first week of October 2006 on the instruction from Rajwardhan ,Abrar was asked to get conversation recorded on his mobile of a person of his confidence, the transcript of which was written on a paper. Accordingly Abrar got the same recorded with the help of one of his friend Hamid Husain Iqbal Ahmed on 7-10-2006, who uttered the said transcript by calling Abrar from public booth of Pahelwan restaurant , situated  at Kidwai Road Malegaon.
The transcript was recorded by Abrar.
 This fact is put out on affidavit by Hamid Husain Javeed Iqbal dated 20-10-2006 , after there was a news item appearing in local news papers stating that Abrar could be approver in Malegaon blast case as per press release.Affidavit of Hamid Husain Iqbal Ahmad is annexed at Exh K
The  said Hamid Husain Javeed Iqbal did not dream before hand that this transcript would be mentioned in the charge sheet(Here to note that charge sheet was filed in court on 21-12-2006 and given to accused very late in 2007)  .
It is surprising to note that through panchnama it is shown conversation between Abrar and Zahid. Under panchnama of Cr.No. 96/2006 ,which run like this which is at Exh J1

It is important to note that in charge sheet filed by ATS  no FSL report voice conversation of Zahid  was filed but  to fill up lacuna , in the supplementary charge sheet  filed by the CBI  0n 11-2-2010 , there Forensic Voice Examinaion Report  dt. 30-6-2008 and showing it to be voice of Zahid
In short we can say police replace the voice of Hamid Husain with that of Zahid and further shows that ZAHID has connection with Abrar.
The above clearly shows that Mr.Rajwardhan has fabricated the evidence and falsely involved the muslim in Malegaon blast Case 2006
Abrar Ahmad and  his wife were under police custody and  control since 13-9-2006 till his arrest on 16-12-2006 and he was sent under custody of ATS police to different places such as Nasik, Deolali Camp, Indore,etc. under the instruction and was continuously in contact of Mr.Rajwardhan.
On 16-10-2006, there appeared news report that Abrar informer turned  approver in Malegaon blast case.2006.After this news report the family members made frantic search of Abrar. On 17-9-2006 a missing report was lodged at Killa police station Malegaon , which is at Exh .On 18-10-2006 “The Times Of India reported that police have picked up an informer Abrar Ahmad.which is at Exh  M
Since there was inaction from the police .Therefore on 18-10-2006 , a Habious Corous Petition bearing No. 2328/2006 was filed before Honble High Court Mumbai , which was kept on next day with specific direction to the police to remain present .On 20-10-2006 DY, Pathak , Assistant of Sp.Rajwardhan appeared and made an statement before the Honble court , that they do not know and person by name Abrar Ahmed and no such person is in their custody. The Honble court  directed the police  to search and produce before the court and made returnable on 10-11-2006.

On 23-10-2006 at 7.26 p.m. Abrar got an opportunity to call up from a public telephone booth kept at Priya Provision store, (near Bhonsale Millatry School) Deolali Camp Nasik Raod,Nasik , on his brothers Farids  Mobile No. 93727110109 and gave detail of his whereabouts that he is calling from Deolali Camp.He was taken to Indore. His photos were taken with persons looking like Kashmiri. and he was kept in old building under the surveillance of police. The places where Abrar was taken by the police is the  place of  Prohit Deolali Camp. And Pragya Singh Thakur from Indore, Kashmiri like persons means Dayanad Pandehe,  who are accused of second blast of Malegaon that took place on 29-9-2008,from these places they  operates their  blast activities.
Advocate  Jalil Ahmed  has sent letter dated 23-10-2006  disclosing above fact to various police authorities. The letter is annexed at EXh N-
On 1-11-2006 Abrar appeared before the Honble High Court that he had gone the Indore with his wife on  his own accordand he was not in police custody..Thus petition was disposed off. EXH.O
In short we can say accused of 2006 are innocent and letter were sent to various police authorities on 23-1-2006, which indicate that Abrar was taken to Indore,Deolali Camp and his photos were taken with Kashmiri like person.This it self proves that accused of 2008 blast have connection with 2006 blast.
However On 18-4-2009 Abrar executed Affidavit   with permission of court  MCOC Court in  MCOC CASE NO.23/2006,  disclose the fact aboutr.Rajwardhan and contact with other officer . The CBI did not think it fit to investigate about the authenticity and  genuiness  of averment made by Abrar Ahmad  in Affidavit dated 18-4-2006 The attitude of CBI also smacks of bias, unfair and partial investigation being done , without wanting to verify and investigating all aspect mentioned in Affidavit executed by the Abrar.
It is to be noted that investigating agencies including the CBI are suppressing vital material fact, as much as though the mobile No.9823436809 of Abrar was under interception and connected to police number , pursuant to the order dated 20-9-2006 from 20-9-2006 to 18-11-2006 by order of Addl. Chief Secretary (Home) Maharashtra but no call data record is available with mobile company, nor with ATS Mumbai, or CBI.There is  deliberate attempt to suppress this vital and material evidence, since it would expose the bias, unfair and tampered investigation conducted by investigating agencies. The order of Home Maharshtra is annexed at  “EXHQ”
It is to be noted that the call of Abrar was intercepted during the course of investigation, at this stage they could not raise plea that  record after one is not available with mobile company,as ATS  have intercepted the call of Abrar during the course  of investigation.
It is evident from the record that Abrar Ahmad was arrested by ATS.Mumbai on 16-12-2006.He gave confessional statement in this case implicating him and other accused person .His parperted confessional statement was recorded by DCP level Officer of Mumbai police on 19-12-2006 and 20-12-2006 and was subsequently parpetaly confirmed before CMM on 20-12-2006 .Abrar parpetaly  moved application before the special court for becoming approver in this case,which was heard  and taken on record by the court on 22-12-2006.Subsequently on 18-4-2009 he submitted an Affidavit before the court retracting from his earlier stated role in Malegaon Blast of 2006.Affidavit is annxed at ExH.P
The affidavit shows how police implicate him  and other accused in Malegaon blast 2006.
NIA has recorded the statement of witness DII-42 who is resident of plot No 33/O/1 Shivaji Nagar Govandi, that on 8-9-2006 it was day of shabe barat .When he went home after 2p.m for food .At that time he came to know from T.V. about the bomb blast at Malegaon in Masjid.Taking some rest around 4pm. He came to opend his shop .At that time he found Dr. Salman wasleaving for his dispensary.As he from Malegaon he just asked him about the bomb blast took place at Malegaon. Dr. Salman inqured from him how he came to know.he told him that he came to know from T.V. news.
At the time of blast he was at his dispenssar  and  was buys in attending  their patient .
NIA has collected two register of Sumeet , containg the detail of the paitiant attended by Dr. Farogh in his own hand writing  the register contained date wise detail of paitiant , medicine given and fess  charge.
Register is dated from 30-1-2006 to 30-6-2006 and another from 1-7-2006 to 6-11-2006.
Protected witness A-369 was key witness in the investigation of ATS, his statement U/s 164 C.P.C. is also recorded on  23-11-2006 to the fact that he is eye witness of preparation of bomb at the godown of Shabbir .It is alleged by ATS that after blast he so moto went at the office of ATS at Kala Chowki Mubai with intent to avoid further destruction of life and prperty, and narrated how accused person gathered together at the godown of Shabbir and prepared bomb.He also executed affidavit at Allhabad before the magistrate and narrated the real fact.The affidavit is annexed at Exh R
Despite all efforts the CBI was unable to trace this witness. Protected witness 369 was examine by NIA and he retracted from his statement recorded u/s  164.Cr.P.C. on 23-11-2006 He stated that his statement was taken under duress.He also immediately after recording of his statement by ATS he executed affidavit  at Alahabad  and says that he never  went at the office of ATS kala chowki sou motu  and stood as eye witness for preparation of bomb at godown of Shabbir Massiullha.
NIA has also recorded his statement, confession U/s 164 .He stated he was on duty  in power loom  factory, at Bhiwandi..When reached , police was already present  there. He caught him and taken to Kala chowki Bhiwandi.They beaten him  dailyand kept for a month.  And asked him to say that he has purchased the cycle..Police also told him take of other person, who has prepared bomb.Police have directed him to gave statement   as per their dirction else they will arrest   his family member in the case.He made statement before the courtas per the say of police..
He gave statement before the camera as per the say of police.Police also take at Arther road and  told to identify two person.He said he could not identify him. Police shown photographes .They also given decription that there is yellow hear under the lips  and other identification, as per police decription I identify the persons.He never seen that person before the identification.He further say that the accused person  have not prepared the bomb in the godwn and he has not seen any thing in the godown.They are falsely implicated the Muslim accused in the Malegaon Bomb blast case. NIA has also annexed his affidavit execute by him at Allahabad court,  on 16-1-2007 .
Confessional statements of accused person were taken before the police and verification of the same was  before Metropolitian  Magistrate. Confessional statement  was obtained by applying third degree torture.  All of them retracted from their confession. Except the confessional statement  and statement of protected witness No.369, there is no  corroborative evidence  so as to link accused person with the crime.
  NIA  Supplementary charge sheet indicate that during further investigation , all the nine who were in judicial custody  ,they were examine after taking permission from  court.All the accused who had earlier recorded that  their confessional  were recorded under duress and pressure and they denied to accept the contents of confessional statement.
Matching of soil sample collected from factory of accused Shabbir Massiullah with soil sample found in fake bomb recovered on 13-9-2006
NIA recorded statement of Protected witness C-3 and C-4 both are resident of Malegaon and were witness to lifting of soil samples from the godown of accused Shabbir Battarywala ,which led to the detection of case and arrest of accused person by ATS, Mumbai , were examined by NIA they says that they were not present at the time of lifting of above samples.
It  led to conclusion that fake bomb episode is at the eve of police. The matching of soil shows that chemical of fage bomb were with police and they have mixed or spread in the soil of shabbir and soil was lifted in absence of witnesses.

A-14)Manohar Nawaria, A-15) Rajendra Xhaudhari A-16)Rajendra Chudhari
A-17) Lokesh Sharma  (All arrested) A-18) Sunil Joshi A-19)Ramesh Venkat Mahalkar @ Hakla@ Amit  A-20)Ramchnadra Kalsangra    A-@1) Sandeep Dange (18to 21 are absconding)
The investigation reveals these accused alongwith others with intention to commit terrorist activities at  various Muslim religious places in India.At Bagali, demonstration of bomb explsion and training of firing arms was imparted which later on culminated into explosion at  four places at Malegaon 0n 8-9-2006. A T.V. with video was also arranged in  hut were accused saw a movie  Black Firday CD  a movie on Bombay riots t strss Muslim atrocities on Hindu..
The investigation reveals that all the accused used to congregate at the house located at Sarvasamppan Nagar,at Indore, during July 2006.In the said house equipment required for the preparation of IED were stored by wanted accused Ramchandra Kalsangra And Amit.The bombs were prepared in the said  room by  accused .In the subsequent meeting it was  decided to conduct reconnaissance at Malegaon to plan and execute bomb balstat Malegaon. Accordingly accused person visited Malegaon thrice , before 8th September 2006 .7 day before the blast accused visited and selected the spot  for blast.
During the course of investigation, it reveals that on 7-9-2006, in the evening  wanted accused Ramchandra Kalsangra,arrested accused Dhan singh, Rajendra Chudhari, Manohar started from Indore  with four bomb (in four metallic boxes ) into bags .They boarded the bus at Indore and reached Malegaon in the morning of 8-9-2006.After getting fresh in the Sulabh Sauchalay in the Malegaon bus stand , arrested accused Rajendra Chudhari and Manohar went to purchase two bicycles and remaining two accused waited in the bus stand .After purchasing the bicycle they came back to bus stand .They hanged  two begs in two bicycle and travel towards the previously decided spot Mushwarat chowk  and Hamidiya Masjid –Bada Kabrastan.Accused as per the plan planted  three bomb at Bada Kabrastan and one at Mushwarat chowk. After planting  four bombs all of them boarded a bus to Jalgaon at Malegaon bus stand and left Malegaon.They reached Jalgaon in the evening and took some food there.At Jalgaon they boarded pravit travels bus to Indore.They reached Indore in the morning next day i.e. 9-9-2006
As per the pre decided  strategy on arrested accused Lokeshsharma reached New Dehli, and made callsehli  to  media house from some STD/PCO near Paharganj New Dehli “Dhartrate sena” takes the responsibility of Malegaon blast however they did not get any response from media house.
With the permission of the Honble court Judge the identification prade was conducted by the executive Magistrate in the Arthur Road jail premises on 28-1-2013 both the accused purchase the cycle were identified  by witness who fitted the cycle. There is confessional statement of the accused.
There is also discloser panchaman  u/s 27 of I.E.Act.by accussed .
NIA has recoded the statement of witness No. DII-42 that on 8-6-2006 .it was day of
That the supplementary charge sheet filed by the invstigation agency NIA prima facie disclose that the statements of all the witnesses recorded by ATS under section 161 of Cr.pc and under 164 of Cr.pc was obtained by compelling the witnesses under threat, duress, coercion and compulsion. Which are totally false evidence collected by ATS to implicate the present applicants.
That perusal of supplementary charge sheet filed by NIA shows that at the time of alleged incident of Blast several accused were not present at the place of incident, and further disclosed that one of accused Shabbir Mashiullah was in custody of Crime Branch Mumbai.
That perusal of supplementary charge sheet filed by NIA shows that the alleged confessional statements of applicants were obtained under threat, compulsion and coercion, which shows the said is voluntary.
The applicant submit that they had not given any confession, there signature was obtained on blank papers and they were threatened by ATS officer and other high rankig police officer not to complaint about the same otherwise they will implicate their family members.
The applicant submit that in the light of supplementary charge sheet, the perusal of above said charge sheet filed by ATS,  does not contain any legally admissible prima facie material, which can be converted into evidence, for connecting the appellant in any way the alleged offence,  and the conspiracy of the same, to frame the charges against the present appellant for the alleged offences.

That the appellant submit that at the stage of discharge i.e. under section 227 of Cr.PC, the Learned Judge has to apply his Judicial mind to the material adduced in the charge sheet, can never be taken as gospel truth and if two views are possible, the view favoring the accused should be adopted and if no sufficient grounds for proceeding against the accused are found, the accused should be discharged.
The appellant submit that the fundamental rule of evidence is that the material which cannot be translated into evidence, at trial stage, cannot be considered and looked into, at the stage of granting bail or discharging accused person.
The appellant submit that the settled position of law that the Hearsay evidence is inadmissible under the law, and further the statement recorded under section 162 of Cr.PC and 25 and 26 of Evidence Act, is neither admissible against maker, nor against any other co-accused.
The appellant further submit that settled position of law the the statement of accused recorded under section 27 of Evidence Act is not admissible against co-accused.
The appellant submit that statement recorded under section 162 of Cr.PC and under section 25 of Evidence Act is admissible in favour of the maker /accused.
The appellant submit that considering the aforesaid fundamental rules of Evidence, there is absolutely no legally admissible material in the entire charge sheet to show that any such conspiracy meeting, as alleged ever took place for the alleged offence..
That further proceeding in the matter against the Appellant  will be the waste of time of this Hon’ble MCOCA Court.
The Appellant crave leave to refer and to rely upon the various authorities in support of the present Application.
The Appellant crave leave to add, amend, delete, change, modify, and alter any of the foregoing grounds with the prior permission of this Hon’ble court.
Under the circumstances it is prayed that;

i.         This Hon’ble court may graciously be pleased to discharge the present applicant from MCOCA Special Case No. 23 of 2006.
ii.       That Hon’ble Court also be paleased to pass an order for initiating departmental inquairy agains the erring Police and ATS Officers who falsely implicated the above accuced person.More over since the above said accuced persons have been ground lessly arrested and falsely implicated in the said offence hence the Hon’ble Court be pleased to  pass an order to pay compensassion to the accuced person 
iii.      To pass such other and further order and to grant other and further relief’s as this Hon’ble Court may deem fit and proper.


                        PLACE:      MUMBAI