MOHD. HANIF Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT is the resident of Jamerwal, P.S. Damka, District Sayalkot in Pakistan. The Pathankot Police seized a huge cache of arm and ammunition from the appellant on 05.09.2004. The charges against the appellant are for possessing 20 fake currency notes of the denomination of Rs. 1000/ - each, total Rs. 20,000/ - and committed offence under Section 489 -C of Indian Penal Code (IPC); huge arm and ammunition, for offence under Section 25 of the Arms Act, 1954 (which in fact should be 1959); 5 kgs. of RDX, three batteries, one time device, two time -pencils, five fuse wires meant for igniting RDX for a blast, under Sections 4/5 of the Explosive Substances Act and for travelling in India without any valid passport for offence under Section 3 of the Indian Passport Act.

(2.) THE prosecution version in brief is that on the night of 04/05.09.2004, police party headed by PW -10 SI Parmod Kumar, the then Assistant Sub -Inspector (ASI) Incharge, Police Post Nangal Bhur, Police Sadar, Pathankot, was holding naka at T -point Defence Road on Pathankot -Jammu G.T. Road under the supervision of Manwinder Singh, Superintendent of Police, Pathankot, on the directions of Senior Superintendent of Police, Gurdaspur. At about 02.30 a.m., the police party spotted one Tata Sierra vehicle of white colour without number plate, coming towards that side. ASI Sulakhan Singh a member of police party, gave signal with torch light to the driver of the vehicle to stop. The occupants of the car tried to flee but the police party placed barricades on the road. The vehicle hit against the barricades. There were five occupants in the Tata Sierra, who alighted from the vehicle and tried to run away in different directions by firing from their respective weapons. ASI Parmod Kumar fired two shots in the air to scare the miscreants and one of them, namely; the appellant was apprehended by the police party headed by ASI Parmod Kumar.

(3.) EX . PF, the rough sketch of the pistol was prepared and attested by witnesses. The pistol and the cartridges were prepared into separate sealed parcels and sealed with seal impression 'PK' and taken into possession vide panchnama Ex. PD. The appellant could not produce any licence to hold weapon. From further search of the accused two mobile phones, one of Philips and the other of Nokia having sim cards of specific cell numbers as mentioned in the memo Ex. PC were also recovered for which separate parcels duly sealed by the investigating officer were prepared.