GURBACHAN SINGH @ PYARE LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellant Gurbachan Singh and Baldev Singh have preferred the present appeal against the judgment dated 27 th February, 2003 and order on sentence dated 28th February, 2003 vide which the appellants were convicted for offences under Section 120 B IPC, Section 25(1AA) of Arms Act r/w Section 120B IPC and under Section 5 of Explosives Substances Act r/w Section 120 B IPC and wee sentenced as under: -

(2.) PROSECUTION case, succinctly stated, is as follows: - On the basis of secret information allegedly received in SU ­ XI Branch of CBI on 14th October, 2000 to the effect that some unknown person indulging in the supply of arms/ammunitions and explosives will be carrying huge consignment of the arms and ammunitions and explosives etc. concealed in a steel trunk bags at Libaspur Transport Area, G.T. Karnal Road Delhi for transportation to some unknown destination in a truck, a raiding party was constituted. At about 7.30 p.m., a person was seen coming on cycle rickshaw with one big steel trunk and rexine bag. The rickshaw stopped at a place opposite Baba Dhaba, Libaspur, G.T. Karnal Road, Delhi. After about 5 -10 minutes another person came and was found conversing with the said person sitting on the cycle rickshaw. The activities of both the persons were found to be suspicious. As such, CBI team intercepted the said cycle -rickshaw. On enquiries, the suspects disclosed their names and addresses as Pyare Lal, S/o Sh. Bhagat Ram aged about 65 years, R/o H.N. 4, Gali No. 2, Mohalla Putlighar, Amritsar and Baldev Raj, S/o late Sh. Darshan Lal, aged about 25 years, R/o H.No. 2, Gali No. 2, Cinema Road, Raiya Distt. Amritsar. The rickshaw puller, on inquiry, disclosed his name as Jeewan Lal. On opening the steel trunk, it was found to be containing the following items: -

(3.) BOTH the accused persons were arrested and interrogated. During investigation, it was revealed that both the accused persons had disclosed their false names at the time of arrest as well as during interrogation. Investigation established that the real name of Pyare Lal was Gurbachan and he was resident of village Pandori Sukha Singh of PS Ajnala, Distt. Amritsar that he is a "bad character" of PS Ajnala and had been involved in a case of gold smuggling having links with Pakistani smugglers in the year 1977, having past record of indulgence in gold, narcotic, counterfeit currency, arms and explosive smuggling.