Salem aide held guilty in '93 blasts case, Sanjay verdict on Tuesday

MUMBAI: The TADA court on Monday held an aide of gangster Abu Salem guilty of carrying weapons from the residence of actor Sanjay Dutt to the house of a co-accused in furtherance to 1993 Mumbai bomb blasts conspiracy.

The court acquitted another who was charged with keeping with him a 9 mm pistol given by the actor to his friends for disposal.

The court also held two customs officers, R K Singh and Mohammed Sultan Sayed, guilty of helping prime conspirator Tiger Memon in smuggling arms and RDX used to engineer serial blasts in the city.

Mansoor Ahmed Sayed Ahmed, accused number 89, was found guilty under section 3 (3) of TADA (P) Act for carrying weapons from the bungalow of Sanjay Dutt in suburban Bandra on the instructions of gangster Abu Salem to the house of co-accused Zebunisa Kazi.

The court accepted Mansoor's confession saying he had carried the weapons on the instructions of Salem.

However, Mansoor was absolved of the charges of conspiracy under section 120-b IPC, section 5 of TADA (P) Act (possessing arms in notified area), section 6 of TADA (P) (enhanced punishment for violating other acts and section 3 read with section 25 (1-a) (1-b) (a) of Arms Act.

It is the case of CBI that Mansoor had gone to Sanjay's residence in his car to transport the weapons. The car was seized by the police and still lies in the compound of the TADA court where the verdict was delivered on Monday.

Giving benefit of doubt to Ajay Marwah, the court acquitted him saying he had not personally taken delivery of 9 mm pistol given by Sanjay's friend to his brother.

The court said it was taking into account a statement made by Ajay Marwah that the 9 mm pistol was not delivered to him personally. Marwah had told the court that accused Rusi Mulla had delivered a box to his brother asking him to keep it until co-accused Kersi Adajenia takes it back.

According to the prosecution, Sanjay had asked his friend Yusuf Nallwalla to destroy AK-56 rifle and 9 mm pistol lying in a bag in his house. Nallwalla took the bag and went to Adajenia's workshop, allegedly melted AK-56 rifle with a gas cutter and threw the remaining portions into the sea.

According to the confessions made by the accused, the pistol was not destroyed and was allegedly given by Adajenia to Rusi Mulla who in turn kept it with Marwah (with his brother in a box).

The judge P D Kode held former customs superintendent of Alibag division Mohammed Sultan Sayed guilty of helping Tiger Memon in landing operations of arms and RDX at Shekhadi coast which were later used in the 1993 serial blasts.

The court accepted evidence which indicated that Sayed had accepted bribe of Rs 7.80 lakhs to help Tiger in smuggling arms. He was held guilty under section 3(3) of TADA (P) Act for aiding and abetting terrorist acts.

Another customs officer R K Singh was also found guilty of similar charges. He had attended the conspiracy meeting where he agreed to help Tiger in smuggling contraband in lieu of bribe. He too was convicted under section 3 (3) of TADA (P) Act.

In another development, the court has summoned Sanjay Dutt for the verdict on Tuesday. Besides Sanjay, the court will also pass verdict on  Zebunisa Kazi, Yusuf Nallwalla, Samir Hingora, Ibrahim Musa Chouhan, Rusi Mulla, Kersi Adajenia and former Additional Collector of Customs Somnath Thapa.

Except Thapa, the cases of others are linked with that of Sanjay who is alleged to have acquired a weapon and later destroyed it.

Sanjay is charged under Section 120-b IPC (conspiracy), Section 3 (3) of TADA (P) act for keeping three AK-56 rifles, its ammunition, 9 mm pistol, its cartridges and hand grenades which were part of the consignment smuggled by Tiger Memon to set off a series of blasts in Mumbai on March 12, 1993.

The actor is also charged under Section 5 of TADA (P) Act for posessing weapons, Section 6 of the same act (for contravening provisions of other acts) and Section 3 and 7 read with Section 25 of Arms Act.

According to CBI, Abu Salem, Baba Chouhan, Mansoor Ahmed, Samir Hingora and late Hanif Kadawala had gone to Sanjay's house and delivered weapons including three AK-56 rifles, ammunition and hand grenades.

Sanjay kept one AK-56 rifle and a pistol with himself and returned the rest of the arms which were taken away by Mansoor Ahmed from Sanjay's residence to the house of co-accused Zebunisa Kazi.