Shivakant Prasad, J. - (1.) This appeal is directed against the judgment and order of conviction dated 05.6.2009 and 06.6.2009 passed by Additional District & Sessions Judge, 3rd Fast Track Court, Berhampore, Murshidabad in Sessions Serial No. 574/2006 corresponding to S. T. No. 6/3-2007 convicting the appellants under Section 9B of Explosive Act.
(2.) Brief facts leading to the instant appeal is that on 19.9.2002 Inspector of Police Sankar Kumar Roy Chowdhury, officer-in-charge of Domkal P.S. lodged the suo motu complaint alleging inter alia that on 18/19.9.2002 in between 2 to 4 hours he himself along with S.I. Subrata Mazumdar, H.O. 584 Badal Pal. H.G. 588 Swapan Mondal and other forces of Domkal P.S. in pursuance of secret source information, held raid at Shambhu Nagar, Ramna Bazidpur Sekhpara, Lakshinathpore Malithapara in the house of Anarul Sk., Nousad Sk. and Khalil Sk. and seized about 2 kg. white colour gun powder in 3 polythene carry bag, about 2 kg. red colour gun powder in 3 polythene carry bags, about 1 kg. white colour gun powder in 1 polythene carry bag, about 1 kg. red colour gun powder in 1 polythene carry bag, about 1 kg. white colour gun powder in 1 polythene carry bag, about 1 kg. red colour gun powder in 1 polythene carry bag and also seized one improvised musket type pipe gun in presence of witnesses. On being asked the accused persons did not give any reasonable answer for the possession of the said articles. Thereafter they along with apprehended 3 accused persons and seized articles came back to P.S.
(3.) First information report was registered suo motu against the appellants by Officer-in-charge Domkal P.S., namely, Sankar Kumar Roy Chowdhury on 19.9.2002 by Domkal P.S. case no. 118/02 under Section 5 Explosive Act, Substance Act and under Section 25/27 Arms Act by the appellants were arrested and subsequently released on bail.;