2004 (5) TMI 625

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.... dated 30 August 2003 under Section 3/4/5/20/21 of the POTA and Sections 120-B/121/121A/122/123 IPC read with Sections 4/5 of Explosives Substances Act and Section 25 of the Arms Act. 2. Briefly stated the facts, germane to the present appeal are as follows: On the basis of intelligence inputs that militants of Jaish-e-Mohammad were using trucks for supply of arms and other explosive materials by concealing them in wooden boxes used for keeping fruits and taking back Hawala money from Delhi to Kashmir, a raid was conducted at Qutab Road parking area, Sadar Bazar, Delhi on 30 August 2003 and a huge quantity of arms and ammunition was recovered from a truck parked there. Three persons, namely, Noor Mohd. Tantray @ Peer Baba @ Gulz....

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.... defined under Section 2(g) of the POTA. It is asserted that even assuming, but not admitting, that the appellant had delivered money to Noor Mohd. Tantray, a mere delivery of money to him would not bring the case of the appellant within the ambit of Section 22 of the POTA, as no knowledge about the money being used for the purposes of terrorism, a condition precedent to book a person under the said Section has been attributed to him. In support of the contention learned counsel has referred us to the two alleged confessional statements of Noor Mohd. Tantray and of the appellant. 5. Per contra, Ms. Mukta Gupta, learned counsel for the State maintains that there is sufficient evidence on record to prove that the appellant was engaged in t....

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....d (b) knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism. 8. Construed according to the plain language used in the said Subsection, it is clear that a person raising funds for a terrorist organization commits an offence under the Section only when he provides money or property with the knowledge or has reasonable cause to suspect that it may be used for the purpose of terrorism. To attract Section 22 of the POTA the said twin conditions must exist. In PUCL's case (supra) also it was observed that the offence under Section 22 needs positive inference that a person has acted with intent of furthering or encouraging terrorist activity or facilitating its commission. In other words....