Court discharges Tunda in explosives recovery casehttps://indianexpress.com/article/india/india-others/court-discharges-tunda-in-explosives-recovery-case-2/

Court discharges Tunda in explosives recovery case

However, Tunda will have to remain in jail as there are several pending cases against him.

Abdul Karim Tunda, tunda
Abdul Karim Tunda was arrested by the Special Cell of Delhi Police on August 16 last year from the Indo-Nepal border. (Source: PTI photo)

A DELHI court on Tuesday discharged suspected Lashkar-e-Taiba (LeT) bomb expert Abdul Karim Tunda in a 1994 case in which he was facing charges under stringent provisions of the Terrorist and Disruptive Activities (Prevention) Act (TADA) among others.

Citing lack of evidence, Additional Sessions Judge Neena Bansal Krishna discharged 73-year-old Tunda.

The case relates to the arrest of five accused on January 17, 1994 by the Special Cell of Delhi Police and alleged recovery of 150 kg of explosives and six daggers from them.

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While Tunda was not among the five, he was named as the co-conspirator and charges of TADA were slapped against him.

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In 1999, Abdul Haq, Aftab, Abdul Wahid, Afaq and Afran Ahmad were convicted under provisions of Explosive Substance Act read with section 120(B) of the IPC but acquitted of TADA charges.

The prosecution had earlier argued that Tunda should be tried in the case on the basis of the disclosure statement of a co-accused, who was convicted under provisions of Explosive Substances.

It said that there was circumstantial evidence against Tunda as the explosives were recovered from the house of his brother in Delhi, where Tunda was also allegedly staying.

During the arguments, Tunda’s counsel M S Khan said there was no material evidence to connect Tunda with the recovery of the explosives.

On the TADA charges, he argued that the since other five accused were acquitted under TADA for the same offence, there was no ground to try him under the stringent law.

He said that the confessional statements of the other accused in the case cannot be relied upon.

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