LAWS(P&H)-2020-1-35

BHAJAN SINGH Vs. STATE OF PUNJAB

Decided On January 08, 2020
BHAJAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Accused Bhajan Singh was booked by police of Police Station Bholath in FIR No.136 dated 26.07.2003, for offence under Section 25 of the Arms Act.

(2.) Briefly stated the prosecution story is that on 26.07.2003, a police party headed by SI Satnam Singh was present at Satgur Rakha Chowk, Begowal having laid a naka there, where SI Satnam Singh received a secret information on the basis of which, FIR No.134 under Sections 399, 402 read with Section 25 of Arms Act was registered. Later on, as planned, a raid was conducted at abandoned sheller situated at Nadala road. The police party divided itself into four groups for the purpose of conducting raid on the abandoned sheller. The groups were headed by SI Satnam Singh, ASI Jaswinder Singh, ASI Joginder Singh and ASI Pardip Singh. When the police party stormed the abandoned sheller, persons present there tried to run away. Group of police personnel headed by ASI Pardip Singh apprehended accused Bhajan Singh and his personal search was conducted, which resulted in recovery of a country made pistol of .303 bore from the left dub of his wearing pant. On being unloaded, a live cartridge was taken out, whereas, 14 cartridges of . 303 bore and 2 live cartridges of AK 47 were also recovered from the pocket of his pant. The accused could not produce any licence for possession of the pistol and cartridges. ASI Pardip Singh prepared rough sketch of the recovered pistol and prepared a sealed parcel thereof, taking it into possession, vide recovery memo. He sent ruqa to the police station, on the basis of which formal FIR was recorded. Accused was formally arrested in this case.

(3.) After completion of investigation and other formalities, the challan against accused was prepared and filed in the Court of Judicial Magistate 1st Class, Kapurthala, who supplied copies of documents relied upon in the challan to the accused free of cost as provided under Section 207 Cr.P.C. Since, it was an off shoot of the main case registered vide FIR No.134 under Sections 399 and 402 IPC with PS Bholath, this case was also committed to the Court of Sessions along with the main case. Finding a prima facie case, charge for offence under Section 25 of the Arms Act was framed against the accused, to which he pleaded not guilty and claimed trial.