- Neither Maharashtra ATS nor NIA proved how RDX was sourced or assembled in Malegaon blast
- ATS alleged Lt Col Purohit brought RDX from Kashmir and stored it at his home
- NIA claimed bomb was assembled in Indore and motorcycle used was transported to Malegaon
The special NIA court, in its verdict on the 2008 Malegaon blast case, held that neither the Maharashtra ATS nor the anti-terror agency was able to establish how RDX was sourced, transported, or assembled for the deadly explosion that killed six people and injured over a hundred. The court dismissed conflicting theories presented by both agencies as unsupported by credible or consistent evidence.
According to the ATS, the RDX used in the blast was brought from Kashmir by Lt Col Prasad Purohit, following his posting in the region. Investigators claimed he stored the RDX in the cupboard of his home and later assembled the bomb with the help of another accused, Sudhakar Chaturvedi, at the latter's residence. The bomb, the ATS alleged, was eventually detonated in Malegaon by another accused named Ramji Kalsangra, who remains missing.
The NIA, however, offered a different version. It maintained that Kalsangra and another missing accused, Sandeep Dange, had possession of the motorcycle used in the blast for over a year prior, and that the bomb was assembled in Indore. Based on the interrogation of an accused, the NIA said the motorcycle was transported from Indore to Sendhawa, and from there to Malegaon, where the explosion occurred on September 29, 2008.
"The two premier investigating agencies came up with completely different stories," the court observed. "There is material variance in their charge-sheet and both the investigation agencies are not consistent with each other on the material aspects like fitting, transporting and involvement of the accused."
The court found no eyewitness, documentary or forensic evidence to prove that Lt Col Purohit ever brought RDX from Kashmir. Multiple prosecution witnesses, including Army colleagues and civilians, either recanted their earlier statements, denied knowledge of RDX, or claimed their statements were recorded under coercion by ATS officials. The court noted, "There is nothing on record to show how A-9 (Lt Col Purohit) has brought RDX from Kashmir except the bare allegations."
One of the key witnesses, Captain Nitin Joshi, denied in court that Lt Col Purohit had ever told him about acquiring 60 kg of RDX. Instead, he testified that he was forcibly taken by ATS officers, interrogated for hours, and pressured into signing statements he did not voluntarily make. He later filed a complaint before the Human Rights Commission.
Another witness, Shailesh Raikar, said ATS officers and his own Army superior threatened to implicate him unless he supported their version. He too denied any knowledge of Lt Col Purohit transporting RDX from Kashmir. None of the five witnesses examined by the prosecution could confirm that Lt Col Purohit had been in possession of explosives or had confessed to any such act.
Further weakening the prosecution's case, two separate searches of Lt Col Purohit's home yielded no explosives or residue, despite specific claims that RDX had been stored there. Forensic experts from the Regional Forensic Science Laboratory in Pune found "no explosive traces, devices, detonators or assembling material" in the house. The court relied on the forensic report under Section 293 CrPC, noting that it clearly contradicted ATS claims.
Even ATS's chief investigating officer ACP Mohan Kulkarni admitted in court that he had not verified Lt Col Purohit's posting in Kashmir, nor had he spoken to any superior officer about whether Purohit had access to explosives. "The admissions given by the PW-320 (ACP Mohan Kulkarni) are self-sufficient to show that he had not collected any information pertaining to source, procuring, transportation of RDX with the senior officer of A-9 (Lt Col Purohit) during his alleged posting at Kashmir," the court said.
The issue of assembling and transporting the bomb also remained unproven. Evidence related to alleged travel bookings and aliases such as "Balwant Singh" was declared inadmissible for lack of Section 65B certification. The court stated that "mere booking and cancellation by any other person would not point out that those wanted accused had booked and cancelled the ticket and tried to travel by train."
Regarding the location of the bomb's assembly, the court found no evidence that the motorcycle was ever brought to Sudhakar Chaturvedi's house in Deolali, Nashik. The landlord of the property, an army-connected source, and even those who had access to the house confirmed they never saw the vehicle or any bomb activity at the location. "There is not a single eyewitness who says he saw any of the accused with the said vehicle," the judgment noted.
In response to claims that RDX was stored at Lt Col Purohit's home, two searches on November 12 and 26, 2008-revealed nothing. "The Investigating Officer did not find any RDX or traces of RDX or any other explosive material or any other suspicious articles from the house of A-9 (Col Purohit)," the judgment stated.
A forensic report by the Regional Forensic Science Laboratory, Pune, relied upon by the court under Section 293 CrPC, concluded: "No explosive or explosive residues were detected. No suspected devices like detonators, wires used for detonators, timers, clocks, etc. used for the assembling of IED were also not found."
The court further emphasised: "There is nothing on record to show that A-9 (Col Purohit) has assembled the bomb in his house or utilized the RDX for the preparation of bomb after storing the RDX in the wooden cupboard of his house."
Eyewitness testimony linking the accused to the golden LML Freedom motorcycle was also absent. The landlord of Chaturvedi's Nashik residence, where the ATS claimed the bomb was assembled, confirmed no such activity occurred. "There is not a single eye-witness who says that he has seen any one of the aforesaid accused at any time with the said vehicle while parked or the accused were roaming on that vehicle or taking inside the house."
The court summarised: "In the absence of any evidence, it does not inspire confidence to accept the same."
The judgment ultimately concluded that the prosecution "has unsuccessful to prove that any RDX was brought by A-9 (Lt Col Purohit) from Kashmir and he has stored the said RDX in the cupboard of his house and assembled and utilised the said RDX for bomb-blast."
