BOLLAVARAM KONDA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) The Petitioner has been convicted under Section 5 of the Explosive Substances Act and was sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo simple imprisonment for 2 months. The petitioner's appeal has been dismissed, confirming the conviction and sentence passed by the trial court.

(2.) The case of the prosecution is that P.Ws. 1 and 2, who were the Circle Inspector and Sub Inspector of Police, found the petitioner at a Choultry holding a blue bucket. When they checked the petitioner they found six country made bombs. The bucket was seized by P.Ws 1 and 2 and it was sentto the court on 6-3-1989. However, the court returned the bucket along with country made bombs on 7-3-1989 to the police station. After six months, on 18-9-1989 the bucket was again produced before the court. On 13-8-1990 the opinions of the expert Exs.P-4 and P-5 were received by the court stating that the components recovered contain explosive substance. The trial Court relying upon the evidence of P.Ws 1 and 2 held that the substances recovered from the petitioner were explosive substances and convicted the petitioner as stated above. The appellate court confirmed the conviction and sentence accepting the finding of the trial court.

(3.) 1t is contended by Sri Padmanabha Reddy, learned senior advocate appearing for the petitioner that there is no legal proof regarding the identity of the substances recovered in M.O.I, the bucket and the substances sent for analysis by the expert on the basis of which the petitioner was convicted. The evidence of P.Ws1 and 2 does not reveal that the very substances recovered from the petitioner have been sent for examination to the expert and the prosecution therefore, failed to discharge the burden that the petitioner had been in possession of the explosive substances, thereby committing an offence punishable under the Act.