PARAS RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order of the Additional Judge, Rohtak, being the Designated court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short TADA Act, 1987') whereby the appellant was convicted of an offence punishable under S. 5 thereof and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200.00 or, in default, to undergo rigorous imprisonment for a further period of three months.

(2.) THE appellant was apprehended by Sub-Inspector Rohtas Singh and Head Constable Ram Krishan near the Hilton factory on G.T. Road in the State of Haryana on 7/04/1988 on suspicion. In the envelope of wax paper that the appellant was carrying was found a .12 bore country- made pistol for which he had no licence or permit. After the necessary formalities, sanction was issued on 26/04/1988 by the District Magistrate, Sonepat, for prosecuting the appellant for an offence under Section 25 of the Arms Act, 1959. On 7/12/1989, the Judicial Magistrate, First Class, Sonepat, before whom the appellant was being prosecuted for the said offence, passed the following order:

(3.) IT is not in dispute that the provisions of the TADA Act, 1987 had been extended to cover the whole of the State of Haryana by a notification dated 18/11/1987.