M.L.SINGHAL,J - (1.) DURING investigation of case FIR No. 127 dated 29.7.1999 under Sections 362/324/342 of the Indian Penal Code of Police Station, Mallanwala, accused-Charanjit Singh who was in custody at Police Station, Mallanwala was intensively interrogated by SHO Jaspal Singh of PS Mallanwala on the basis of information already available with SSP, Ferozepur. On interrogation by SHO Jaspal Singh in the presence of SI Rachhpal Singh, ASI Jassa Singh, ASI Jagtar Singh etc., he (accused) disclosed that he had kept concealed 5 kgs. of RDX in two packets, two detonators, three bundles of wire, one A.K. 56 Assault Rifle alongwith magazine and 10 live cartridges on a plastic bag in a plastic envelope at a point after digging earth which is at a distance of 3 kilometres from Indo-Pak Boarder on the eastern side of embankment of river Satluj in the elephantina grass and he could get this explosive, fire-arm and ammunition recovered. His disclosure statement was reduced into writing. In pursuance of his disclosure statement, he got recovered plastic bag containing this explosive, fire-arm, ammunition in a glazed envelope. It was an A.K. 56 Assault Rifle bearing No. 16071882, which was in working condition. A magazine of the rifle alongwith 10 live cartridges kept in another envelope of black colour was also recovered. 3 kgs. and 100 grams RDX was recovered from another parcel. From another parcel contained in the plastic bag 1 kg and 900 grams RDX was recovered. Two detonators fitted with wire as well as three bundles of wire meant for exploding detonators were also recovered out of the plastic bag. The aforesaid explosive, fire-arm, ammunition were made into sealed parcels. These sealed parcels were taken into possession. After investigation, accused was challaned.
(2.) CASE was committed to the Court of Sessions by Judicial Magistrate Ist Class, Ferozepur vide order dated 11.4.2000. Accused was charged under Section 25 of the Arms Act and Section 4 of the Explosive Substances Act, by Additional Sessions Judge, Ferozepur. Accused pleaded not guilty to the charge and claimed trial.
(3.) AT the conclusion of the trial, accused was convicted and sentenced as follows :- Under Section 4(b) of the Explosive, Substances Act : RI for 10 years and fine of Rs. 2000/-. In default of payment of fine further RI for 4 months. Under Section 25 Arms Act : RI for 3 years and fine of Rs. 1,000/-. In default of payment of fine further RI 2 months. However, both the sentences were run concurrently.;