Tunda, 73, whose name had figured in the list of 20 terrorists who India had sought to be handed over after the 26/11 Mumbai attack, was let off on March 10 last year by a lower court in a case lodged under the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Explosive Substance Act, the Arms Act and under section 120(B) (criminal conspiracy) of the IPC.
A bench comprising Justices P C Ghose and Amitava Roy issued notice to Tunda, who is still behind the bars as there are several other cases pending against him.
Police have heavily relied on a psycho-profiling test that was conducted on Tunda after his arrest by Special Cell of Delhi Police on August 16 2013 from the Indo-Nepal border.
The Special Cell had filed a charge sheet against Tunda in the case in which five accused were arrested on January 17, 1994 and 150 kg explosives and six daggers were allegedly recovered from their possession.
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The Special Cell of Delhi Police had told the court that
there was circumstantial evidence against Tunda as 40 kg explosives were recovered from the house of his brother in Delhi, where he was also residing, in 1994.
Police had told the court that Tunda, suspected to be involved in 40 bombings in India, was declared a proclaimed offender in the case.