ISAMAIL ADAM MITHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Ramanandan Singh, learned advocate for appellant and Ms. D.S. Pandit, learned A.P.P. for the State.

(2.) Present appeal is arising out of the judgment and order of conviction and sentence dated 21.1.2006 passed by the learned Additional Sessions Judge, Bharuch in Sessions Case No.97 of 1996, whereby the learned Sessions Judge held the appellant (original accused) guilty for the charge of the offence punishable under Section 4 (b) of the Explosive Substances Act, 1908 and sentenced the appellant to suffer R.I. for five years and to pay the fine of Rs.10,000/-, in default, further simple imprisonment of six months.

(3.) Initially the appellant was charged to face the trial for the offence punishable under Section 25 (1-b) (a) and 27 of the Arms Act and also under Section 4 (b) of the Explosive Substances Act. However, the learned trial Judge decided to acquit the appellant from the charge of offence punishable under the Section 25 (1-b) (a) and 27 of the Arms Act saying that formal sanction was not obtained from the competent authority. However, the appellant was held guilty for the charge of offence punishable under Section 4 (b) of the Explosive Substances Act.