JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN case FIR No. 6 of 7.1.2000, of PS Sadar Bhatinda, Additional Sessions Judge, Bhatinda convicted Jarnail Singh under Section 25 of the Arms Act and Section 5 of the Explosives Substances Act and sentenced him to undergo RI for 3 years and to pay fine of Rs. 500/- or in default of payment of payment of fine to undergo further RI for one month under Section 25 of the Arms Act and further to undergo RI for 5 years under section 5 of the Explosives Substances Act vide order dated January 17, 2001 in Sessions Case No. 15 of 25.9.2000.

(2.) THE prosecution case in brief is that on 7.1.2000, DSP Jaspreet Singh Sidhu joined Panch Gurmail Singh son of Bachan Singh resident of village Bir Behman. At that time, other police officials were also with him. Jarnail Singh was in custody with them in case FIR No. 8 dated 6.1.2000 under Section 25 Arms Act of PS Kotwali, Bhatinda. During interrogation, he disclosed that the statement made by him that he had kept arms and ammunition in Maharashtra was false. On further interrogation, near ITI Chowk, Bhatinda, Jarnail Singh made statement that he had kept 10 cartridges of AK 56 rifles, 5 Kgs. RDX, two hand grenades, two batteries, two detonator switches, four time pencils, three switches ABCD, Coredex wire, Bona Cordex Wire white, electric wire, one safety fuse, four pressure release switches, three snouters, four non- electronic detonators, three electronic detonators, one frequency receiver, one telescope further put into one big polythene bag which was further put into a bag of fertilizers in the earth near Jodhpur Romana minor bridge near the outlet of khal towards down stream on the bank of minor at the bridge of the canal in the vicinity of village Jodhpur Romana and that he alone was aware about the concealment of these arms and ammunition and that he could get the same recovered. His disclosure statement was reduced into writing which was signed by him and attested by the PWs. He then got recovered the aforesaid arms and ammunition from the said place of their concealment in pursuance of his disclosure statement in the presence of Inspector Bhupinder Singh, Inspector Jarnail Singh and Gurmail Singh Panch. Visual site plan was prepared at the spot with correct marginal notes.

(3.) ARMS and ammunition were sent to the Forensic Science Laboratory, Chandigarh. Vide report Ex.PF, Deputy Director, Toxicology, Forensic Science Laboratory, Chandigarh reported that the parcel No. 1 was found to contain black coloured material and parcel No. 2 was found to contain a hand grenade of ARGES make and parcel No. 3 was found to contain a hand grenade of ARGES make. Parcel No. 1 was found to contain carbon and mobil oil. RDX was found present in the contents of parcel No. 1. In the black coloured material, 80% of RDX was found.