JOYMALYA BAGCHI,J. - (1.) This revision petition is directed against judgment and order dated 23.02.2016 passed by the learned Additional District and Sessions Judge, Fast Track Court No.1, Barrackpore, 24 Parganas (North) affirming the judgment and order dated 04.04.2013 passed by learned Additional Chief Judicial Magistrate, Barrackpore, 24 Parganas (North) in TR No.66/13 arising out of GR Case No.724/13 convicting the petitioner/appellant for commission of offence under section 25(1)(a) of Arms Act and sentencing him rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for another one year. 50% of the fine amount, if realized, be deposited with the fund of the Sub-Divisional Legal Services Authority, Barrackpore.
(2.) The prosecution case as alleged against the petitioner is to the effect that on 06.02.2013 at around 12.05 A.M. at midnight, Sri Brojo Gopal Sharma, Sub-Inspector of Police attached to Khardah Police Station, of Barrackpore Commissionerate, in the course of patrol duty in vehicle no.WB 25 E 6145 along with other officers received source information at Kaanchkal More that the petitioner had come to Bijaypur General Library Maath, H.B. Town Sodepur to sell fire arms and ammunition to another person. The police went to the said place to work out such information. When they reached the H.B. Town Sodepur Bus Stoppage, they alighted from the vehicle and proceeded on foot towards the Maath. About 50 meters from the spot, the police personnel noticed two persons standing and talking to each other. They proceeded further and identified the petitioner. On seeing the police party the said persons tried to flee away. The petitioner was caught but the other person managed to escape. From the possession of the petitioner, one country made improvised one shoter pipegun measuring about 8.7 inches loaded with one 8 MM live ammunition was recovered. He could not give any valid authentication in support of his possession of the said firearms and ammunition. The firearms and ammunition were seized under proper seizure list. The seized articles were labelled in the presence of police witnesses. No private person was available as the seizure took place at midnight. The accused person was arrested and was taken to Khardah Police Station along with the seized arms and ammunition.
(3.) On the complaint of Sri Brojo Gopal Sharma, criminal case was registered. Assistant Sub-Inspector of Police Subrata Goswmi took up investigation of the case. He obtained expert opinion and sanction from the Commissioner of Police, Barrackpore Commissionerate, 24 Parganas (North) and submitted charge sheet against the petitioner.;