MD SARFARAZ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this revisional application petitioners in custody have assailed the judgment and order dated 29.11.2018 passed by the learned Additional District & Sessions Judge, FTC-II, Alipore, South 24 Parganas dismissing the Criminal Appeal No. 173 of 2018, thereby affirming the judgment dated 20.7.2018 and order dated 31.7.2018 passed by the Court of learned Chief Judicial Magistrate, Alipore whereby the appellants were convicted and sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 5000/- each for having committed an offence under Section 25 (1B) of Arms Act, 1959 in connection with CGR No. 3050 of 2017; TR 277 of 2017 arising out of West Port Police Station Case No. 201 of 2017, dated 24.7.2017, under Sections 25 (1B) (a)/ 29 of Arms Act, inter alia, on the grounds that the petitioners have been falsely implicated in the present case and the witnesses pertaining to search and seizure of the alleged arms are the pocket witnesses of the prosecution and petitioners have been introduced in the case as accused persons and that the learned Magistrate without appreciating the evidence on record convicted and sentenced the petitioners without application of judicial mind.

(2.) Now, the point for consideration in this appeal is as to whether the learned Courts below have erred in passing the judgment and order of conviction and sentence upon the petitioners without proper evaluation and appreciation of the evidence on record.

(3.) At the outset, the learned counsel for the petitioners submitted that the Appellate Court has not appreciated the fact that the prosecution have implicated the petitioners in the alleged crime inasmuch as no seizure was made within the State of West Bengal and no local witness could identify the petitioners before the Court. It is further argued that no agreement of tenancy or any other documents have been produced to support the presence of the petitioners at the alleged place of recovery.