RAJESH BINDAL J. - (1.) THIS is a bunch of three appeals arising out of same FIR No. 59 dated 20-3-2006, registered under Sections 4, 5 & 6 of the Explosive Substances Act, 1908 (for short 'the 1908 Act') and Section 25 of the Arms Act, 1959 (for short 'the 1959 Act'), at police station Sector 11, Chandigarh.
(2.) AFTER consideration of the evidence on record, the learned Additional Sessions Judge, Chandigarh convicted the appellants under various provisions as enumerated below and further directed them to undergo imprisonment for different periods and also pay fine. All the substantial sentences were ordered to run concurrently. The details of conviction, imprisonment and fine imposed on the appellants is extracted below :- Name of accused Under Section Sentence Dilbag Singh 5 of Explosive Substances Act, 1908. Rigorous Imprisonment for five years and to pay a fine of Rs. 5,000/-, in default of payment of which to suffer further RI for six months. Sukhwinder Singh 25(1-A) of Arms Act RI for five years and to pay a fine of Rs. 5,000/-, in default of payment of fine further RI for six months. Ranjit Singh 25(1)(a) of Arms Act RI for three years and to pay a fine of Rs. 3,000/-, in default of payment of fine further RI for three months. Balbir Singh 25(1)(a) of Arms Act RI for three years and to pay a fine of Rs. 3,000/-, in default of payment of fine further RI for three months. Briefly, the facts as noticed in the impugned judgment are that on March 20, 2006, the police party received information that four terrorists belonging to Babbar Khalsa International namely Sukhwinder Singh alias Sukhi, Balbir Singh @ Nepali, Dilbag Singh and Ranjit Singh were present at local Bus Stop on the side of Panjab University on the road dividing Sectors 12/14, Chandigarh.
(3.) IMMEDIATELY the police party swung into action and after conducting the raid at the disclosed place at around 9-30 PM, the appellants were apprehended from the spot. The recovery of arms and ammunition made from the possession of the appellants is as under : Sukhwinder Singh One rifle AK 47, the magazine of which was found carrying 15 live cartridges. Balbir Singh @ Nepali 0.38 bore revolver, from chamber of which 5 live cartridges were found. Dilbag Singh A bag containing one Kg. RDX powder, and 4 detonators Ranjit Singh 0.12 bore gun with two live cartridges.;