J.B.GARG,J - (1.) RAM Pal son of Duli Chand resident of village Dhabh Kalan, Tehsil Hansi, District Hisar was arrested on 20-12-1992 as a consequence of the recovery of a country made pistol and one live cartridge. The FIR was lodged only for an offence under Section 25 of the Arms Act at the instance of Jai Singh Inspector. However while preparing a report under Section 173 of the Code of Criminal Procedure Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 was also added and a challan presented and the Designated Court, Bhiwani framed a charge on 26-3-1993 under Section 5 of the Terrorists and Disruptive Activities (prevention) Act, 1987 besides Section 25 of the Arms Act. The framing of the charge under Section 5 of the Terrorists and Disruptive Activities (prevention) Act, 1987 has been challenged by means of this petition moved under Section 482 of the Code of Criminal Procedure.
(2.) THE FIR No. 207 which was lodged after the recovery of the aforesaid weapon and one live cartridge, is reproduced as under :- "Today, I, Sub-Inspector, Jai Parkash alongwith H.C. No. 28, Sajjan Singh, 661 Omkar Singh, 394 Rup Chand, 40 Head Constable Lal and Sahib singh No. 873, Dharambir 857, Krishan Kumar 43, Nafe Singh 754 were going towards Badhra from Jui in a Government Jeep No. HR-16-87 driven by Driver Gopi Ram for Routine Patrolling duty. When we reached near the Bridge of canal which goes from Daluwas to Ledawas, which is known as Ladawas Distubutory, we saw two young men on a bicycle coming from the front side, who on seeing the police coming from the front side, at once turned left the road, and started walking on the patri of the canal. On that, we stopped them and parked the jeep after crossing the bridge and after getting down from the jeep, we caught hold of them along with their Bicycle with the help of other companions at some distance. After being interrogated they told that the name of person was Vijender Singh son of Parbhu Ram, caste Jat, R/o Umra, Thana Sadar Hansi, District Hissar and the name of the other person who was sitting on the back seat of Bicycle was Ram Pal son of Duli Chand, Caste Saini, R/o Dhabh Kalan, P.S. Sadar, hansi. On searching a 315 bore Deshi pistol was found in the left pocket of Pyjama of Vijender Singh and one live cartridge was also found in the right pocket of the shirt. The pistol is without Licence. Separate khaka was prepared for the pistol found. The length of the barrel was about 6 inches, length of Bari about 4 1/2". The pistol and cartridge were sealed together taking S.P. Stamp from Jai Parkash H.C., and after stamping on it has been taken into possession of police. On search, a pistol of 12 bore Desi Model was recovered from the possession of Ram Pal, one live Cartridge was also recovered for which a separate action is being taken. Because Shri Vijender Singh has violated the Sections 25/54/59 of Arms Act by keeping a Pistol and one cartridge without Licence. C. Dharambir No. 857 of Police Station is an eye witness. I, Inspector, am investigating on the spot. Sd/- Jai Singh, Inspector Bhiwani dt. 20-12-1992. On behalf of the petitioner it has been argued that it was a case of simple recovery of one un-licenced country made pistol and a cartridge and there was no allegation that his accused indulged in terrorists and disruptive activities. The learned counsel for the petitioner has referred to Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj 1990 AIR S.C. 1962 wherein it was observed that the Court is required to evaluate the material and documents on record with a view to findings out if the facts emerging the reform taken at their face value disclose the existence of all the ingredients constituting the alleged offence. It was laid down that the Terrorists and Disruptive Activities (Prevention) Act, 1987 need not be resorted to if the nature of the activities of the accused could be checked, controlled under the ordinary law. Besides this, in Narendra Govind Mangela v. The Inspector of Police Viral Police-Station and another 1991(1) Recent Criminal Reports 89: 1992 Cri. LJ 271, a Division Bench of Bombay High Court held that mere possession of un-authorises arm in the Notified Area is not sufficient to invoke the provisions of Section 5 of the Act unless such possession has some bearing to the terrorist acts or the disruptive activities. The conclusion is that in the facts and circumstances of the case the present petition is accepted. The charge framed by the Designated Court, Bhiwani dated 26-3-1993 is hereby quashed and it is made over to the Chief Judicial Magistrate, Bhiwani for decision of the case under the Arms Act only in accordance with law.
(3.) THIS also disposes of Criminal Misc. No. 4768-M of 93 Vijender Singh v. The State of Haryana and in this case as well the charge framed against the petitioner on 26-3-1993 is hereby quashed and it is also made over to the Chief Judicial Magistrate, Bhiwani for decision of the case under the Arms Act only in accordance with law.;