RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. A.K. Chaturvedi, learned counsel, appearing for the petitioner and Mr. Ravi Kumar Singh, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 28.05.2005 passed in Criminal Appeal No. 16 of 2004 by the learned Sessions Judge, Latehar, whereby and where under, the judgment of conviction and the order of sentence dated 27.04.2004 passed by learned Judicial Magistrate, 1st Class, Latehar, in G.R. Case No. 236 of 2001 (T.R. No. 91 of of 2004), convicting the petitioner for the offences punishable under section 25(1-b)a of the Arms Act and under section 17(ii) of the Criminal Law Amendment (C.L.A.) Act and sentencing him to undergo S.I. for 02 years on both the counts, has been affirmed.
(3.) The prosecution story in brief is that the the house of the petitioner was raided by the police personnel and the petitioner was apprehended when he was coming out of the house, holding a muzzle gun in presence of two independent witnesses. In course of enquiry, the raiding party learnt that the accused namely Nasir Ansari is an active member of M.C.C. who used to realise levy and the levy was paid through him. It is alleged that on 23.06.2001, 8 persons had come to the house of the petitioner and Rs. 50,000/- was paid to Ran Vijay Ji and Doctor as levy which was realised from the public. The raiding party searched the house of Nasir Ansari and on search Rs. 78900/- kept in a bag was seized in presence of independent witnesses. Based on the aforesaid allegation G.R. Case No. 236 of 2001 was registered for the offences punishable under section 25(1-b)a/26 of the Arms Act and under section 17 of the Criminal Law Amendment (C.L.A.) Act. Investigation resulted in submission of charge-sheet and after cognizance was taken, trial proceeded.;