- (1.) Instant revision has been preferred by accused Shariful Hasan @ Foto, S/o Ramzani, resident of village Naglataha Mauja Saidpura, post office Rajpur Keseria Bala, district Moradabad, against order of conviction and sentence dated 14/7/1987 passed by 3rd Additional Sessions Judge, Moradabad, in Criminal Appeal No. 149 of 1986, Shariful Hasan v. State of U.P. by which order of conviction and sentence dated 20-8-1986 passed by 1st Munsif/Lower Criminal Court, Moradabad, in Case No.96 of 1986, State v. Shariful Hasan @ Foto convicting him u/S. 25A of Arms Act. and directing to undergo sentence of one year's R.I. was confirmed.
(2.) Heard Sri K.K. Arora, learned counsel for the revisionist, learned AGA and have gone through the record.
(3.) According to prosecution on receipt of information on 8-9-1984, V.S. Rana, the then Station Officer, police station Dilari, PWl, alongwith police Sub Inspector C.S. Yadav, PW2, Mustafa All PW3, Khursheed PW4 and other police personnel raided the house of the accused at about 7.30 A.M. in village Saidpura, police station Dilari, district Moradabad, and recovered one SBBL (Sun no.6591 Make G-2, made in India, 8 live cartridges and 16 empty cartridges in presence of accused Shariful Hasan. These illegal arms were kept under a Dari in the room facing north of the house of the revisionist. License was demanded but the revisionist failed to produce the same. Illegal arm Was seized and recovery memo was prepared. Investigation was done after sanction was obtained from the District Magistrate, Moradabad, thereafter chargesheet: was submitted against the revisionist.;