STATE OF GUJARAT Vs. VAJUDDIN SIRAJUDDIN SHAIKH

JUDGEMENT

(1.) The present acquittal Appeal has been filed by the appellant ­ original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 26.03.2004 rendered by the learned Sessions Judge, Sabarkantha @ Himatnagar, in Sessions Case No.99 of 1999. The said case was registered against the present respondent -original accused for the offences punishable under Sections -4(b) and 5 of the Explosive Substance Act, 1908 and under Section -25(1), b, a of the Arms Act.1959 and under Section -135 of the Bombay Police Act.

(2.) According to the prosecution case, Mr. Saiyed, PSI, Posina Police Station was on duty on 30.09.1999 at about 13:00 and his help was solicited by Shri L.K.Pranami, LCB Police Inspector in connection of the offence registered bearing I -C.R.No.7 of 1999 before the Posina Police Station and he was requested to meet him at Kotda -Ghadi village. The said Shri Saiyed, PSI reached Kotda -Ghadi village and met Mr.Pranami and he was informed by Mr. Pranami that Vajuddin Sirajduddin Shaikh respondent -accused herein kept explosive substance in his house and therefore, his house was required to be searched. Then, PSI was asked to arrange trap and call two panchas. Both the panchas were explained the incident and accordingly, a raid was carried out at respondent -accused's house. At the relevant time, his wife was present and while searching, one iron tin was found near cub -board and from the said iron tin, the muddamal namely Detonator -99 pieces and 12 bore cartridge 5 pieces was recovered in presence of panchas and the same was seized and panchnama was carried out. Against the recovery of the said muddamal, complaint was filed by Mr. Saiyed against respondent -accused before the Posina Police Station bearing registration No.11 of 1999. Then, investigation was carried out and statements of the witnesses were recorded and charge -sheet was filed before the learned Civil Judge (J.D.) and Judicial Magistrate First Class Court, Khedbrahma, which was numbered as Criminal Case No.477 of 1999. As the said offences were exclusively triable by the Sessions Court,learned Civil Judge (J.D.) and Judicial Magistrate First Class Court, Khedbrahma, committed the said case to the learned Sessions Judge, Sabarkantha @ Himatnagar, which was numbered as Sessions Case No.99 of 1999.

(3.) On the basis of above allegations, charge was framed vide Exh.11 and read -over and explained to the accused for the offence punishable under Sections -4(b) and 5 of the Explosive Substance Act, 1908 and under Section - 25(1), b, a of the Arms Act.1959 and under Section -135 of the Bombay Police Act. Then, plea vide Exh.7 and 8 was recorded and respondent -accused pleaded not guilty to the charge and claimed to be tried.