SURESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has been convicted for offences under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'tada'') and Section 25, arms Act and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 500. 00 and in default of payment of fine to further rigorous imprisonment for two months and to suffer rigorous imprisonment for five years and to pay a fine of rs. 500. 00 and in default of payment of fine to further undergo rigorous imprisonment for two months for the said offences respectively by the Additional judge of the Designated court vide judgment dated 22/09/1993. Through this statutory appeal under Section 19 of TADA he has questioned his conviction and sentence.

(2.) According to the prosecution case, on the basis of secret information received by the Border Security force, a naka was organised on 14/04/1990 by Assistant Commandant Zile Singh (Public Witness 1. Assistant commandant Nathu Singh (PW2 and one Mr. R. S. Bhuller, Deputy Commandant of 46th Btn. B. S. F. , in the area of Kurli Sahib on the Road Barlas to Ajnala at about 3.30 p. m. The appellant alongwith ravinder Yadav were spotted and stopped. Each had a briefcase. They were searched. From the briefcase of the appellant 12 pistols, 24 magazines and 346 cartridges besides some other articles were recovered. The appellant had no licence for the arms and ammunition. The articles were seized and taken into possession, after preparing the recovery memo. The articles seized from Ravinder Yadav were also taken into possession. A ruqa was sent to the police station and formal FIR Ex. PC/i was registered. On 1 5/04/1990 Assistant Commandant Zile Singh Public Witness I handed over the appellant and his companion ravinder Yadav (since discharged at the stage of framing to charge itself) to A. S. I. Amarjit Singh, pw 3. The B. S. F. officials also handed over the seized material including 12 pistols, 24 magazines and 346 cartridges alongwith the currency notes and other articles to pw 3, A. S. I. Amarjit Singh, which were taken into possession vide memo Ex. PO, attested by Zile Singh, Assistant Commandant and gulzar Singh, Constable. The seized arms and ammunition were deposited by A. S. I. Amarjit Singh, pw 3 at the Malkhana with MHC and thereafter got tested from Armour Paramjit Singh (since deceased). The appellant was tried by the Designated court and convicted in the manner noticed above.

(3.) The prosecution with a view to connect the appellant with the crime examined Public Witness 1, Zile Singh, pw2. Nathu Singh and pw 3. Amarjit Singh besides, producing some documentary and other formal evidence. The appellant in his defence while denying the recovery of the arms and ammunition stated that the B. S. F. officials had planted the weapons and ammunition on him though the same had been recovered from Sham Singh and Giani. He examined rattan Lal, Balwinder Singh and Jaswant Singh as DW I, DW2 and DW3 and also appeared as his own witness as DW4. (DW2 and DW3 had earlier been cited by the prosecution but had been given up as won over).