Abu Jundal says prosecution failed to prove his identity in 2006 Aurangabad arms haul case
Ansari has challenged his conviction in connection with 2006 Aurangabad Arms Haul case before the Bombay High court.mumbai Updated: Jul 12, 2017 18:51 IST
Zabiuddin Ansari alias Abu Jundal has alleged the prosecution failed to prove his identity and presence at the spot when arms were being smuggled in the state in 2006.
Ansari has challenged his conviction in connection with 2006 Aurangabad Arms Haul case before the Bombay High court.
The high court has earlier this week admitted his appeal filed through lawyers Aashif Naqvi and Yakub Shaikh.
The court has now issued notice to the state government to reply to Ansari’s appeal.
Ansari and 11 accused were convicted by the special MCOCA court last year in July.
Ansari and six others were given improvement for life for their role in transportation of arms and ammunition smuggled from Pakistan.
A team of the Maharashtra anti-terrorism squad (ATS) initially recovered 30kg of RDX, 10 AK-47 rifles and 3,200 rounds of ammunition after a car chase on May 9, 2006.
Eventually, the ATS seized a total of 43kg of RDX, 16 AK-47 assault rifles, 3,200 live cartridges, 62 magazines and 16 magazine pouches of AK-47 rifles.
The court said the consignment was procured from Pakistan with the help of a wanted accused Junaid, alias Rasheed Abdulla alias Abdul Aziz, a Pakistani national and an LeT operative.
The court also accepted the prosecution’s case the arms were brought in for the larger conspiracy of assassinating Narendra Modi, then CM of Gujarat, and Hindu leader Praveen Togadia, to avenge the Godhra incident.
However, Jundal has challenged the verdict of the MCOCA court stating that the evidence brought in by prosecution were not sufficient to prove his role.
The prosecution alleged the arms landed in Maharashtra on May 8, 2006 and Ansari along with other accused were on their way to transport the arms and ammunition when they were apprehended by the team of ATS.
The defence lawyers in the appeal claimed, “The main grounds of appeal is that there is no evidence to prove that Jundal was in car from May 8, 2006 till it was caught by ATS.”
“The process of identification parade to establish Ansari’s identity was also not conducted. Further the evidence to establish that the arrested accused is the same who allegedly participate in the Arms Haul is also not cogent,” Naqvi said