Police Station Shaheed Gunj had claimed to have received information from a “reliable source”
Prosecution said Javed was helping Hizb to ‘augment militancy and endanger sovereignty of India’
A ‘polythene bag with Rs. 14 lakhs was seized from the vehicle’
Javed maintained in the court that he is a vehicle dealer
Srinagar: A special NIA court has acquitted a man from Tral area of south Kashmir’s Pulwama district, nearly 13 years after police arrested him by claiming recovery of Rs 14 lakh “hawala” money for him.
Police Station Shaheed Gunj had arrested Javed Ahmad Rather and registered a case under section 120B, 121A RPC besides 16/20/40 UAPA Act against him.
More than four years later, police filed charge sheet against him before CJM Srinagar on 23 September 2011 and the case was committed to the court of Principal Sessions Judge, Srinagar who transferred to court of Additional Sessions Judge, Srinagar for disposal under law.
The Additional Sessions Judge framed charges against him, which Javed denied.
After hearing both side, Ashwani Kumar Sharma, Additional Sessions Judge (TADA/POTA)/ Special Judge Designated Under NIA Act, acquitted Javed who is a dealer of vehicles.
“No evidence has come before the court either regarding hatching of conspiracy by the accused Javed Ahmad Rather with other accused persons, nor any evidence has come regarding the hatching of conspiracy to commit offence punishable by Section 120B RPC or conspiracy to over awe, by means of criminal force or the show of criminal force, to the central government or any state government U/s 121A RPC,” the court said.
“Nothing has come in the evidence of the prosecution that the accused has committed the (militant) act as defined U/s 15 of UAPA Act, 1967, neither any evidence has been adduced against the accused by the prosecution that the accused was a member of any militant gang or organization nor it has come in the evidence of the prosecution that the accused was raising the funds for organization,” the court said.
While acquitting Javed of all charges leveled against him by the police, the court however escheated the money to the state after the completion of period of appeal.
“Javed Ahmad Rather has failed to render any plausible explanation regarding the possession of Rs.14 lakhs with him on the date of occurrence, as such, it is presumed that the seized amount does not belong to him,” the court added.
Javed has maintained that he is a dealer of vehicles.
As per the prosecution, on 21 November 2007, police station Shaheed Gunj had received an information from a “reliable source” that Javed Ahmad Rather of Dadsara Tral was on board a sumo vehicle carrying “unlawful possession of the Indian currency and was going from Srinagar towards Anantnag.”
The prosecution had said the information suggested that Javed was transferring the amount from Srinagar at the instance of the Hizb-ul-Mujahideen militant outfit in order to “augment the militancy related activities, and to endanger the unity, security, sovereignty and integrity of India as well as state of J&K.”
“The hawala amount after being received from unlawful sources was made to reach to the active militants and to put the same for the use and promote the militancy related activities in the state,” the persecution said.
Subsequently, the prosecution said a ‘naka’ was laid at Jahangir Chowk here and the Sumo vehicle coming from Batmaloo was signalled for halt.
“A polythene bag was recovered from the (vehicle) in which cash amount in the sum of Rs. 14 lakhs was lying and same was seized,” the prosecution said.
(With inputs from agencies)
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