TAHIR Vs. STATE DELHI

JUDGEMENT

(1.) The appellant calls in question his conviction and sentence for an offence under Section 5 of Terrorists and Disruptive Activities (Prevention) Act 1987 (hereinafter referred to as TADA) recorded by the Designated Court II, Delhi on 1st of August 1995 through this appeal under Section 19 of TADA.

(2.) According to the prosecution case on 14-11-1990, a mob collected at Gurdwara Sis Ganj Sahib in Chandni Chowk, Delhi and moved in a procession towards the Idgah Park. A meeting was going on in Idgah Park where some provocative speeches were made by some of the speakers leading to communal riots. At about 4.30 p. m. the riot was at a pitch and stones and other missiles were hurled on the members of the opposite side from Idgah Road- Nawab Road of Sadar Bazar by the rioters. The appellant was supporting the mob of rioters and was found holding a country made pistol in his hand and waiving it in the air. The police party made some arrests. The appellant was apprehended by SI Didar Singh SHO PW-4, who caught him along with the pistol. The appellant was then handed over to SI Sukhbir Singh PW-7 who arrested him in the riot case and later on formally arrested him in a case under Section 27 of the Arms Act for being in possession of a country made pistol without any authority also. A ruqa was sent by ASI Diwani Ram PW-6 to SI Ishwar Chand PW-1 who registered the FIR and copy of the FIR was sent to SI Sukhbir Singh PW-7. After the arrest of the appellant, the country made pistol was seized from his possession and sealed into a parcel which was kept with the Moharar Head Constable (Malkhana) PW-3. The parcel containing the country made pistol was later on sent to the Central Forensic Science Laboratory for examination and the Ballistic Expert opined that the 12 bore country made pistol was a fire arm as defined in the Arms Act 1959 and was found to be in a working order. The report from the Central Forensic Science Laboratory with the opinion of the Expert was received on 27-12-1990. Since, the place from where the appellant was arrested along with the unauthorised fire arm fell in the area Notified under TADA, the investigating agency after obtaining the statutory sanction registered a case against the appellant for the offender under Section 5 TADA. On completion of the investigation, the appellant was sent up for trial before the Designated Court and on conviction for an offence under Section 5 of TADA, was sentenced to undergo R1 for five years and to pay fine of Rs. 1000/- and in default of payment of fines to undergo further R1 for two months.

(3.) With a view to connect the appellant with the crime, the prosecution examined seven witnesses. PW-1 is the duty officer who recorded the formal FIR Ex. PW-1/A Sealed parcel containing the country made pistol was taken from the Moharar Head Constable Malkhana PW-3 to the Central Forensic Science Laboratory by PW-2. These three witnesses are of a formal nature.