MD MOINUL HAQUE Vs. STAE OF ASSAM

JUDGEMENT

(1.) I have heard Mr. HRA Choudhury, learned Senior counsel assisted by Mrs. A. Begum for the convict/petitioner and also Mr. D. Das, learned Addl. P.P. Assam, for the State respondent.

(2.) The facts leading to the filing of this petition are that the petitioner was convicted under Section 25(1)(a) of the Arms Act, 1959, and sentenced to serve R.I. for 3 years and pay fine of Rs. 1,000/- only and in default R.I. for 3 months, which would run separately, by the learned SubJudicial Magistrate, Hojai, Sankardev Nagar, vide judgment dated 20.11.03 passed in GR No. 203/1990, against which he preferred an appeal before the learned Sessions Judge, Nagaon being Crl. Appeal No. 55 (N)/03. The said appeal was dismissed by the learned Additional Sessions Judge, Nagaon, vide judgment dated 22.4.2004 upholding the conviction and sentence passed by the learned trial court. The convict petitioner further challenges the appellant court s order by filing the present petition.

(3.) Now coming to the prosecution story, it is to state that one ASI of Police while looking for a criminal, searched the house of the petitioner and recovered/seized one handmade pipe gun, dagger and other incriminating articles from his almirah. The accused petitioner failed to produce his licence in respect of the gun recovered from his house. He, however, explained that his brother in-law named Budu, who is a known dacoit, gave him the said arms. Arms were seized by preparing the seizure list in presence of some witnesses and it was sent for scientific test. The Scientific Officer, Ballistics Division, found the fire arm serviceable designed to fire 12 bore shot gun cartridges. The ASI of Police who searched the house of the accused petitioner submitted a written FIR and he himself conducted the preliminary investigation. During investigation he recorded the statement of witnesses and sent the seized articles to Ballistics Division. After obtaining the prosecution sanction from District Magistrate, another ASI of Police, Sri Akkash Ali, submitted a charge-sheet under Section 25(1)(a) of the Arms Act. The accused petitioner was convicted and sentenced by the learned trial court and the appeal filed by him was also dismissed by the appellate court below as already narrated earlier.