BOLIN TAMULI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. TJ Mahanta, learned counsel for the petitioner and the learned Public Prosecutor.

(2.) In between the night of 6.8.95 and 7.8.95, the accused Sri Bolin Tamuli who was a Police Constable in 3rd Assam Police Battalion was searched by the informant (PW 4) and according to prosecution, 4 Nos. of empty cartridges and 7 Nos. of live cartridges were found in possession of the accused and as the accused failed to show any authority for possession of the same, he was prosecuted, after obtaining necessary sanction. In GR Case No.744/95, the Additional CJM, Golaghat convicted the petitioner under section 25 (1A) of the Arms Act and sentenced him to imprisonment for four years and to pay a fine of Rs. 2,000.00, in default, further RI for two months. The petitioner preferred Criminal Appeal No. 2 of 2001 and vide impugned judgment, the appellate Court dismissed the appeal and hence the present revision petition.

(3.) The order of conviction and sentence has been challenged mainly on the ground that there is no independent witness witnessing the search and seizure and that the main police officer has not been examined. The seizure was made at around 1 AM and naturally at that point of time, independent person nearby are not available to witnesses search or seizure and absence of independent witness is immaterial.