NITAI SINGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this appeal the accused appellant was found guilty under Section 5 of the Explosives Substance Act, 1908, for short 'the Act' and was convicted accordingly and sentenced to suffer R.I. for 2 years and to pay a fine of Rs. 1,000/-.

(2.) The prosecution story is that on 16-6-80 the house of the accused Netai Singh who was a driver of Thaligram Tea Estate occupying a quarter in the said garden was searched and some explosive substances were found. Accordingly he was tried and convicted.

(3.) The learned Sessions Judge, Cachar at Silchar considered the following points :