MD. IMTIYAZ Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 25.02.2014 passed by the learned Judicial Magistrate, 5th Court, Barrackpore, North 24 Parganas in G.R. Case No. 4578 of 2013/T.R. No. 610 of 2013 convicting the appellant for commission of offence punishable under Section 25(1 -B)(a) of the Arms Act and sentencing them to suffer simple imprisonment for three years and to pay a fine of Rs. 1,000/ - each, in default to suffer simple imprisonment for two months more each for the offence punishable under Section 25(1 -B)(a) of the Arms Act.

(2.) THE prosecution case, as alleged, against the appellants is to the effect that on receipt of secret information on 20.09.2013 at 12:20 hours that a gang from Munger, Bihar with a body was coming to Jessore Road and its adjacent areas to sell arms and ammunition to a Bagna for circulation in West Bengal, Sub -Inspector Sougata Ghosh of SOG, CID, West Bengal along with other police personnel left for Jessore Road and its adjacent area to work out such information after consulting superiors. On arrival at Airport Police Station, he diarised the information vide General Diary Entry No. 1383 dated 20.09.2013 at 13:40 hours. Thereafter the police party left for 30B Bus Stand at Jessore Road crossing under Airport Police Station as per the source information. At 13:50 hours, they reached at the spot and kept their vehicle at a distance and placed themselves strategically at the said crossing. After 20 minutes they found that two young persons were coming from Barasat end of Jessore Road and the said persons stood near the 30B Bus Stand. At around 14:30 hours the source indicated four persons were coming from Kolkata side of Jessore Road with one lady. They intercepted all the four persons in front of the 30B Bus Stand but two persons who had arrived earlier ran away. PW -1 disclosed his identity and looked for public witness in order to effect search of the detained persons. No person was willing to become public witness. PW -1 offered himself and other members of the police party to be searched by the detained persons. They declined to do so. Thereafter the detained persons were searched one after another. From appellant No. 1 one improvised 7.65 mm black coloured pistol with trigger, firing pin, brown butt, body and barrel measuring about 6 inch approximately, fitted with one empty magazine and one separate extra magazine and three boxes of 7.65 mm ammunition, each box containing 20 rounds of ammunition was recovered. From the other appellants similar fire arm, magazines with two boxes of 7.65 mm ammunition, each box containing 20 rounds of ammunition was recovered. The detained persons could not produce valid documents of such arms and ammunitions. The fire arms, ammunitions were kept in four white nylon bags, one of such bags were carried by each of the appellants. The aforesaid fire arms, magazines, ammunitions and white nylon bags were seized under a seizure, packed and labelled in the presence of the Police party and the detained persons. The detained persons were arrested and taken to Airport Police Station along with the seized articles. PW -1, Sougata Ghosh lodged written complaint resulting in registration of Airport Police Station Case No. 234 of 2013 dated 20.09.2013 under Section 25(1)(a) of the Arms Act.

(3.) IN course of trial, prosecution examined as many as eight witnesses and exhibited a number of documents including the seized articles as material exhibits. Expert report and sanction order was exhibited as Exbts. 7 and 11 respectively. The defence of the appellant was one of innocence and false implication. In conclusion of trial, the trial Judge by judgment and order dated 25.02.2014 convicted the appellants under Section 25(1 -B)(a) of the Arms Act and sentencing them to suffer simple imprisonment for three years and to pay a fine of Rs. 1,000/ - each, in default to suffer simple imprisonment for two months more each for the offence punishable under Section 25(1 -B)(a) of the Arms Act.