BALDEV SINGH, J. - (1.) SARUP Singh son of Gurdit Singh resident of Mahmoodpura/Rishi Nagar, Majitha Road, Amritsar has filed this appeal against the impugned judgment dated 12.8.2004 and the sentence order dated 13.8.2004 passed by Shri G.S. Bakshi, the then Additional Sessions Judge (Ad hoc) in Fast Track Court at Gurdaspur in case FIR No. 28 dated 22.1.2000 under Sections 4/5 of the Explosive Substances Act, 1908 and Section 25 of the Arms Act, 1959 registered at Police Station Sadar Pathankot.
(2.) THE appellant was convicted under Section 25 of the Arms Act and was sentenced to undergo RI for 3 years and to pay Rs. 100/- as fine and in default of payment of fine, to undergo further RI for one month. He was also convicted under Section 5 of the Explosive Substances Act and was sentenced to undergo RI for a period of 10 years and to pay fine of Rs. 1,000/- and in default of payment of fine, to undergo further RI for six months. Both the substantive sentences were ordered to run concurrently. The facts of the prosecution case are that on the night intervening 21/22.1.2000, Gurmit Singh SI, the then SHO Police Station Sadar Pathankot alongwith Jassa Singh ASI, Parshotam Lal ASI and other police officials was present at T-point Sarna. They spotted a Maruti car of white colour bearing registration No. PB-2R-9089 coming from the side of Madhopur. The time was about 12 midnight. Torch light was flashed and the car signalled to stop. The driver of the car stopped the car. He disclosed his name as Dr. Sarup Singh son of Gurdit Singh resident of Mahmoodpura, P.S. Kathu Nangal, then residing at Rishi Bihar, Amritsar. The car was searched. A pistol with seven live cartridges kept in a ploythene bag was recovered lying under the seat of the driver. Two hand grenades, four detonators, one timer along map and a battery were also recovered. Two polythene bags were recovered lying under the front seat by the side of the driver. RDX colour brown was recovered from one polythene bag and RDX colour black was recovered from another polythene bag. RDX colour brown on being weighed was found 3 kgs., while RDX of black colour on being weighed was found to be 3 kg 200 grams. 100 grams RDX was taken out from each polythene bag as sample and the samples were sealed in plastic bags. The remaining RDX of brown and black colour was sealed in separate parcels. Gurmit Singh SI affixed his seals on sample parcels and other parcels. Two hand grenades were also sealed in separate plastic bags. Timer, battery and detonators were sealed in one box. Sketch of the pistol was prepared. Pistol was also sealed in the shape of a parcel. Seven live cartridges were also sealed in a separate parcel. These articles Ex. P1 to P15 were taken into possession vide recovery memo Ex. PC. Rs. 3,018/- were recovered from the front pocket of the appellant and sealed in an envelope, which is Ex. P-16. These were taken into possession vide recovery memo Ex. PB. The appellant could not produce any permit or license for carrying the arms and ammunition. Ruqa Ex. PF was scribed and was sent to the Police Station, whereupon, FIR was recorded by MHC Bharat Bhushan. Copy of the FIR is Ex. PF/1. Site plan Ex. PG was prepared showing the place of recovery. The case property on reaching the police station was deposited with the MHC. Hand grenades were sent to PAP, Jalandhar for test. Test report Ex. PJ was received. Samples of the RDX were sent to Forensic Science Laboratory, Chandigarh. Test report Ex. PK was received. Pistol was sent to the Head Armourer for test. His report was received. After obtaining sanction for prosecution from the concerned District Magistrate, challan was put in against the appellant for the offence punishable under Section 25 of the Arms Act and Sections 4/5 of the Explosive Substances Act.
(3.) THE case was committed to the Court of Session for trial. Charge was framed against the appellant for the offence punishable under Section 25 of the Arms Act and Sections 4/5 of the Explosive Substances Act, to which he did not plead guilty and claimed trial.;