ARJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried, convicted and sentenced to rigorous imprisonment for two years and a fine of Rs.l000 in default further rigorous imprisonment for six month under section 5 of the Explosive Substances Act. His conviction and sentence were confirmed by the lower appellate Court. He has come up in revision. The revision was admitted by A.S. Bains. J., on 21st January, 1983, and since then the petitioner has been on Bail.

(2.) The prosecution case in short is that on 22nd September, 1979, Assistant Sub-Inspector Balkar Singh of Kapurthala received a secret information that the petitioner was an ex-Armyman and that he had some hand grenades in his possession. He sent a ruga, Exhibit PA to the Police Station, Bholath, where formal First Information Report Exhibit P A/l was recorded. The Assistant Sub Inspector went to the house of the petitioner along with Tarlochan Singh, Head Constable. He joined PW 2 Darshan Singh sarpanch of the village and Sadhu Singh lambardar of the village. The petitioner was present in his house. On interrogation, he made a disclosure statement. In consequence of the same three hand grenades were recovered from near the eastern wall of the kitchen of the house of the petitioner buried in a chati under a than. The hand grenades were taken into possession and sent for examination. Dr. J.V. Singh PW 6 examined the hand grenades and made report Exhibit PW6/1.

(3.) As far as recovery is concerned the prosecution did not produce Sadhu Singh lambardar. Darshan Singh sarpanch was produced as PW 2 but be did not support the prosecution case. He was declared hostile and subjected to cross-examination. Thus the evidence regarding the recovery consists of the statements of the two police officials, namely, Assistant Sub-Inspector Balkar Singh PW 5 and Head Constable Tarlochan Singh PW3.