STATE Vs. KARIM M

JUDGEMENT

(1.) A. 1 to A. 5 were charged for offence Under Section 5 of the Explosive Substances Act 1908. The facts of the prosecution disclose that on 10-11-1997 at 7-30 p. m. A1 is the driver of the jeep bearing No. KL-11/c-5925, A. 2 to A. 5 are the inmates of the jeep. The jeep was stopped a gulame Check Post by the police A. 1 did not show licence. On suspicion the jeep was checked, country made bombs were concealed under the seat. There were knives and iron bars. In presence of punch witnesses P. W. 1 and C. W. 1 the check was conducted and panchanama was drawn at Ex. P. 1.

(2.) IT is alleged that the jeep was a stolen jeep but the investigation agency has not conducted any investigation in that regard to prove that the accused were in unlawful possession of the jeep.

(3.) ON the report of P. W. 5 who conducted check, FIR is registered. On the completion of investigation, the charge sheet is filed. The trial court finds that there were five inmates and only 3 bombs were found hence comes to the conclusion that conscious possession of explosives by the accused is not proved and acquitted them.