NIA Court frames charges against three conduit of JeM

02/01/2022

Jammu, Jan 1: In a much publicized recovery of AK-47 at Lakhanpur in the year 2019, Special Judge NIA Sunit Gupta framed charges against Sabeel Ahmed Baba, Ubaid-ul-Islam and Jahangir Ahmed Parra conduit of banned terror organization JeM.
As per the charge sheet that on 12th Sept 2019 an information was received at P/S Lakhanpur from reliable sources to the effect that a conduit of banned terror organization JeM after criminally conspiring in order to accomplish their Unlawful Activities in J&K, erasing serious threat to Unity and integrity of India are in possession of prohibited arms and ammunition etc and they are transporting the same in a Truck proceeding from Punjab towards Kashmir valley via Lakhanpur. On the basis of the said information, FIR No. 61/2019 under section 38/39 of UA(P) Act, 120-B RPC and 7/27 Arms Act was registered with P/S Lakhanpur and the investigation of the case was entrusted to Dy.SP Operation. The Investigating officer during the investigation had laid a naka along with his subordinates at national High way Lakhanpur near Ravi Bridge and had started checking and frisking of the vehicles coming from Punjab towards Jammu and Kashmir. During naka checking at about 9.45 AM in the morning a Truck bearing No.JK03E-2000 which was being driven by the driver from Punjab towards Jammu and Kashmir and the said truck was stopped for checking. During the checking of the said truck, it was found that besides the driver of the truck, two more persons were travelling in the vehicle. On ascertaining the driver has disclosed his name as Sabeel Ahmed Baba S/O Gh. Hassain Baba R/O Aghlar Kandi Tehsil Rajpora Pulwama and the other two persons who were travelling in the said truck had disclosed their names as Ubaid -ul- Islam S/O Gh Mohd. R/O Aghlar Kandi Teshil Rajpora Pulwama and Jahangir Ahmed Parray S/O Mohd Abdulla Parray R/O Pakharpora tehsil Charar-e-Sharief Budgam. The police party had found that the truck was loaded with the cardboard boxes. During the search of the said vehicle, by Sgct. Ankit Kumar and Ct. Darshan Singh, they found a black color bag which was lying in the tool box beneath the driving seat of the vehicle. When the said bag was opened, they found four numbers of AK-56 Rifles, two numbers of AK-47 Rifles, six loaded magazines and in each of the said magazines 30 rounds were loaded and in this manner, total 180 rounds were recovered. All the said arms and ammunitions along with the aforesaid accused persons and the vehicle No. JK13E-2000 were seized as a piece of evidence and seizure memos were prepared. The site map was also prepared by the IO. During the personal search of the accused Ubaid-ul-Islam, one mobile phone of make Real Me alongwith two SIM Cards No. 9018541122and 9682110627, one purse in which one SIM card No. 7889901165, two identities card, one ATM card, one J&K Bank Card and one paper in which some Codes were written was recovered and the same were seized on the spot. A mobile phone along with SIM Cards was sealed on the spot and Mark-A was put on the said seal .During the personal search of the accused Sabeel Ahmed Baba, the cash amounting to Rs 11,000/-.one DL, one scan copy of DL, one purse, one Aadhar Card, one voter card, one Petro card, one smart fleet card, one mobile phone of make Nokia along with SIM cards Nos. 6005139507 and 9419093620 and one SIM Card No. 7051679730 were recovered from his possession which were seized on the spot and the seizure memo was prepared. The mobile phone of the accused Sabeel Ahmed Baba along with SIM card were sealed on the spot and Mark -B was put on the same. During the personal search of the accused Jahangir Ahmed Parray, one identity card, one Aadhar Card, one DL were recovered which were seized on the spot as a piece of evidence. The statements of the witnesses under section 161 Cr PC were recorded, all the said three accused persons were taken into custody and their arrest memos were prepared. During the interrogation of the aforesaid accused persons, it reveals that all the said three accused persons are connected with terrorist organization JeM. They have also disclosed the names of the accused persons basher Ahmed Lone and Suhail Ahmed Dar and according to them these two accused persons were also working for the terrorist organization JeM. It was disclosed by the accused persons that Bashir Ahmed Lone and Suhail Ahmed Dar have provided the phone number of categorized terrorist of JeM namely Ashiq Ahmed Nengroo S/O Ghulam Mohd R/O Hanjanbala New Colony, Rajpora Pulwama who is quite active in terrorist activities and at present he is putting up in Pakistan. It was also disclosed by these accused persons that the accused persons Bashir Ahmed Lone and Suhail Ahmed Dar have suggested them to keep in touch with the aforesaid categorized active terrorist Ashiq Ahmed Nengroo. On the basis of the interrogation of the aforesaid accused persons, the IO of the case had arrested the accused persons Bashir Ahmed Lone and Suhail Ahmed Dar and they were also interrogated about the present case. The said accused persons were also sent to JIC Jammu for intense interrogation. During interrogation, it could reveal that the accused Bashir Ahmed Lone was in possession of one OPPO mobile phone which was broken and the accused Suhail Ahmed Dar was also in possession of one mobile phone with Jio SIM Card but during their arrest, none of the mobile phone was recovered from their possession. Subsequently, one OPPO mobile Phone in broken condition was produced before the IO by the father of the accused Bashir Ahmed Lone and one Jio mobile phone of the accused Suhail Ahmed Dar was produced by his brother before the IO which were seized on the spot and seizure memos were prepared. Both of the said mobiles phones were sealed and re-sealed and sent for CFSL examination. Subsequently, the report was received from CFSL Gandhi Nagar Gujrat viz-a-viz the mobile phone of the accused Suhail Ahmed Dar which was in broken condition and it was reported that due to its broken condition, no data could be extracted from the said mobile phone. The CDRs of the mobile phones of all the accused persons were also obtained. During investigation, it was revealed that the accused Ashiq Ahmed Nengroo, who is a categorized terrorist of JeM and at present putting up in Pakistan. Investigation further revealed that the accused persons Sabeel Ahmed Baba, Ubaid-ul-Islam and Jahangir Ahmed Parray had started their journey from Delhi in Truck bearing No JK13E/2000 which was loaded with fruit on 2nd Sept 2019. The accused persons Bashir Ahmed Lone and Suhail Ahmed Dar were in contacted with Ashiq Ahmed Nengroo and these accused persons have also delivered the phone No. of Ashiq Ahmed Nengroo to the accused persons Sabeel Ahmed Baba and others. On the way back from Delhi the accused persons Sabeel Ahmed Baba and others had collected arms and ammunitions from Batala under the instruction of categorized terrorist Ashiq Ahmed Nengroo and when these accused persons were carrying the said arms and ammunitions towards Jammu, they were caught by the police party at Lakhanpur. It is alleged in the charge sheet that the aforesaid three accused persons while hatching the conspiracy with the accused persons Suhail Ahmed Dar, Bashir Ahmed Lone and Ashiq Ahmed Nengroo had collected the seized arms and ammunitions from some unknown person at Batala Punjab and they were carrying the said arms and ammunitions for undertaking the terrorist activities at Kashmir. As per CFSL Report, the accused persons are well connected with the terrorists organization JeM who are active in Pakistan. Besides this, number of Audios and Video clips and photographs etc are found in the mobile phones of the accused persons which clearly reflects their affiliation with Pakistan. From the analysis of CDRs and the Data of the mobile phones of the accused persons, it was reveals that there is a clear reference of the patrolling of Pakistani army, Pulwama attack. In the said videos, the main accused of Pulwama attack was given the title of Pulwama Tiger. Besides this, the mobile phones Numbers of Zakir Mussa, Afsal Guru, Maqbool Bhat etc and similar like terrorists were also found stores in the phone book of the accused persons. The accused Suhail Ahmed Dar had deliberately broken his mobile phone after the occurrence for the purpose of disappearing the evidence against him so that no evidence could be collected against him, as such, the offence under section 201 RPC was added to the credit of accused Suhail Ahmed Dar. After the completion of the investigation the offences under sections 13/18/38/39 of UA(P) Act,120-B RPC, 7/25 Arms Act were proved against the accused persons Sabeel Ahmed Baba, Ubaid-ul-Islam, Jahangir Ahmed Parray, Bashir Ahmed Lone and Ashiq Ahmed Nengroo and whereas, the offences under sections 13/18/38/39 of UA(P) Act, 120-B/201 RPC, 7/25 Arms Act.
Special Judge NIA Sunit Gupta after hearing APP Anil Magotra observed that Sabeel Ahmed Baba, Ubaid-ul-Islam and Jahangir Ahmed Parray are prima facie found to be guilty for the offences under sections 13,18,38 of UA(P) Act and 7/25 Arms Act.

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