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Sanjay's plea opposed

Special Correspondent

— Photo: PTI

TEMPORARY REPRIEVE: Sanjay Dutt with sister Priya Dutt, MP, before leaving for the TADA court in Mumbai on Wednesday.

MUMBAI: Special Public Prosecutor in the 1993 Mumbai serial blasts case Ujjwal Nikam on Wednesday opposed actor Sanjay Dutt's plea of exemption from jail term under the Probation of Offenders Act.

Mr. Nikam pointed out that the AK-56 acquired by Mr. Dutt was a firearm that could kill many people and not one used for hunting.

According to charges filed against Mr. Dutt, he procured illegally three AK-56 rifles, ammunition, a 9 mm pistol, cartridges and hand grenades. These were part of a consignment smuggled into the country by Dawood Ibrahim and his associates, knowingly and intentionally for committing terrorist acts.

Under Section 5 of TADA Act, Mr. Dutt was charged with possessing weapons in the Greater Bombay area, which had been specified a Notified Area under clause (f) of sub-section 1 of Section 2 of the Act. He was also charged under the Indian Arms Act, 1959, and the Explosive Substances Act and Section 6 of the Act.

Mr. Nikam said Mr. Dutt could not claim the benefits of the Probation of Offenders Act, using the good work done by his parents or because he is a good artiste. Virtues cannot be inherited and vices are an individual act, he said. Mr. Dutt was 34 years at that time and mature enough.

The weapons were given to Mr. Dutt at the instance of Anees Ibrahim, Dawood's brother. Further, there was no case of his family asking him to get the weapons for self-defence.

The prosecution also dismissed the plea that Mr. Dutt was a victim of political vendetta and said the actor had not said this earlier.

Mr. Nikam also referred to the four affidavits filed in support of Mr. Dutt by Dilip Kumar, Nana Chudasama, Vipula Kadri and Yusuf Merchant and said they were interested parties.

Though he was absolved of terrorism and conspiracy charges, Mr. Dutt was convicted under the Arms Act. For this he could be in jail for a minimum of five and a maximum of 10 years.

The actor, who heard the arguments along with other accused, was given another extension till Thursday to surrender. Mr. Nikam's will continue his arguments on Thursday.

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