JALOBA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal under S. 16 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 (hereinafter referred to as ' the Act') has been preferred by the appellant to challenge his conviction under S. 25 of the Arms Act read with S. 6 of the Act and the sentence of RI for two years and fine of Rs. 500. 00 awarded therefor.

(2.) The prosecution case was that during the early hours of 7/04/1986 Le. at about 3.15 or 3.30 a. m. Public Witness 4 Sub-inspector Tika Ram along with Head Constable Public Witness 3 Hans Raj and other policemen were doing nakabandi near the culvert of a canal in village Ghudwali. At that time they saw the appellant coming along the road but when he tried to retrace his steps on seeing the police party, they gave chase to him and apprehended him. the appellant was having a M. L. Gun (Ex. P-1 and 6 topis (caps) Exs. P-3 to P-8 and a plastic vial (Ex. P-9 containing about 25 grams of gunpowder. He had no licence for carrying the firearm and could not offer any explanation for his possession of the firearm and the caps and gunpowder. He was, therefore arrested and later charged under section 25 of the Arms Act read with S. 6 of the Act.

(3.) The prosecution examined four witnesses to prove the case against the appellant. PWs 3 and 4, as already stated, were the police officers who had apprehended the appellant and seized the incriminatingarticles from him. Public Witness 1 Head Constable Charan Das was examined to prove that the gun was in a working condition and the caps and gunpowder were fit for use in the gun. Public Witness 2 was a Reader attached to the court of the District Magistrate, Faridabad.