ABDUL GAFOOR Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 17th May, 2004 passed by the Trial Court convicting the appellant under Section 4(b) and Section 5 of the Explosive Substance Act, 1908 and sentencing the appellant to undergo Rigorous Imprisonment for 10 years with fine of Rs.15,000/- each on the two counts.

(2.) The learned counsel has not argued the appeal on merits, but only on the order of sentence. It is submitted by the counsel for the appellant that the order of sentence was contrary to law and the sentence awarded to appellant was not as per the provisions of the Act. He submits that the appellant was convicted under the unamended provisions of Explosive and Substance Act, 1908 and the sentence under Section 4(b) reads as under:

(3.) Section 5 reads as under: Punishment for making or possessing explosives under suspicious circumstances ? Any person who makes or knowingly has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object be punishable with transportation for a term which may extend to fourteen years, to which fine may be added, or with imprisonment for a term which may extend to five years, to which fine may be added. (emphasis added)