- (1.) This Appeal has been preferred under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 against the judgment and order dated 16.3.2007 of Designated Court, Kapurthala at Jalandhar in TADA Sessions Case No. 4 of 2006 by which the appellant has been convicted under Section 5 of the Explosive Substances Act, 1908 and has been sentenced to 5 years R.I. and a fine of Rs.1,000/-.
(2.) The case of the prosecution, in brief, is that on 12.3.1992 Kamaljit Singh, SHO, Santokh Singh, SI and some other police personnel were going from village Kukar Pind to village Raipur in connection with investigation of a case bearing FIR No. 31 under Section 302/34 IPC, Section 25 Arms Act and Sections 3, 4 and 5 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'TADA'). When they reached on Byen Bridge in village Kukar Pind, they saw a person coming on foot. On seeing the police party he tried to run away but he was apprehended after a chase and on inquiry he disclosed his name as Harpal Singh (appellant in this appeal). On his personal search explosive powder wrapped in a glazed paper was recovered from the "jhola" (bag) which he was having in his right hand. The bag contained one kilogram explosive powder which was taken into possession. A ruka was sent to the police station on the basis of which FIR was registered against the appellant.
(3.) After investigation and receipt of the sanction and report of the Forensic Science Laboratory charge-sheet was submitted in the court on 24.2.1994 for prosecution of the appellant under Sections 4, 5, and 9B(b) of the Explosives Act, 1884. There was no mention of any offence under TADA or under the Explosive Substances Act, 1908. The charge-sheet was submitted in the Designated Court which took cognizance of the offence and proceeded with the trial of the appellant. Ultimately the Designated Court acquitted the appellant for the offences under TADA and the Explosives Act, 1884, but convicted him only under Section 5 of the Explosive Substances Act, 1908 and sentenced him to 5 years R.I. and a fine of Rs.1,000/-.;