ABDUL KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 5.5.1995 passed by the Sessions Judge, Faridkot who convicted the appellant Abdul Khan under Section 25 of the Arms Act and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 100/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for a period of one month.

(2.) THE brief facts of the case are that the police party headed by ASI Jagjit Singh, on 18.5.1993 was going for patrolling from the side of village Roorianwali to village Balamgarh and when the police party reached near the bridge of the drain in the area of village Roorianwali the appellant was found coming from the side of Balamgarh and on seeing the police party he tried to retreat. On the basis of suspicion he was apprehended and searched. Firstly opium weighing 10 kilograms was recovered from his possession. Thereafter a country made revolver of .38 bore along with three live cartridges were recovered from his possession. The appellant could not produce any licence or permit for possession of opium and revolver, as a result of which two cases i.e. one under section 18 of the NDPS Act and other under section 25 of the Arms Act were registered against the appellant. The thanedar completed the other formalities of the investigation. After obtaining sanction of the District Magistrate, challan against the appellant under section 25 of the Arms Act was submitted in the court of Area Magistrate. Since FIR No. 53 was connected with FIR No. 52 therefore, accused was sent to the court of Sessions to face trial.

(3.) IN order to prove the charge, prosecution examined Waryam Singh PW 1, Jagjit Singh Investigating Officer PW 2, Mohar Singh, Reader to the District Magistrate who proved sanction Ex. PC/2. Constable Jaswant Singh appeared as PW 4 who certified that the country made pistol was in working order and he gave his report Ex. PD/1. Shri Gurdarshan Singh (PW5) simply proved final report under Section 173 Cr.P.C.