MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 4-8-1999, passed by the Additional Sessions Judge, Gurdaspur, convicting the accused-appellant-Major Singh under S. 25 of the Arms Act as also under S. 4 of the Explosive Substances Act and sentencing him to undergo RI for 5 years and to pay fine of Rs. 2000/- and in default of payment of fine to further undergo RI for 2 months under S. 25 of the Arms Act and also sentencing him to undergo RI for 4 years and to pay fine of Rs. 2000/- and in default of payment of fine to further undergo RI for 2 months under S. 4 of the Explosive Substances Act and further directing both the sentences to run concurrently.

(2.) The facts in brief are that on 8-7-1996, Inspector Gian Singh of CIA Staff Batala sent ruqa Exhibit PO to the Police Station, to the effect that he along with other Police Officials under the supervision of Baldev Singh, DSP (D) was busy in connection with investigation of case bearing FIR No. 56 dated 8-7-1996 under Ss. 4/5 of the Explosive Substances Act of PS Sri Hargobindpur against Gurmukh Singh and as per the information of the informant accused-appellant-Major Singh was joined in the investigation of the said case and during interrogation accused-Major Singh made a disclosure statement to the effect that he had kept explosive substances in a gunny bag weighing 20 kilograms besides 525 detonator fuses and 100 empty detonators, wrapped in a polythene envelope and about 50 feet long cordless wire, in a bunker constructed under the tankof his tubewell and besides that he had also kept concealed one LMG including 4 magazines, 60 rounds 3.3 bore, 1 stengun including magazine and 10 rounds of 9 mm, one rifle .315 bore of which the butt and barrel were cut including the magazine and 25 rounds of .315 bore, wrapped in a gunny bag and had been kept concealed in the land after digging a pit and that only he knew about the same and could get the said arms and ammunition and explosive substances recovered after pointing out the place. It was further alleged in the said ruqa that the said disclosure statement was duly recorded and the same was signed by accused-Major Singh and was attested by witnesses. It was alleged that thereafter accused-Major Singh while in police custody led policy party to the disclosed place and got recovered a gunny bag containing 20 kilograms of explosive substance, besides 525 detonator fuses, and 100 empty detonators and approximately 50 feet long cordless wire, wrapped in a polythene bag, from the bunker underneath the tank of his tubewell. The said recovered articles were duly sealed after taking out the sample of explosive substance from the gunny bag and sealing the same.Thereafter, accused-Major Singh led the police party to other disclosed place and got recovered various arms and ammuniton referred to above and the same were taken into possession after the same were duly sealed. It was also alleged that the seal after use was handed over to SI SHO Hardev Singh. It was further alleged that by keeping aforesaid substances in his possession the accused-appellant had committed offence under S. 25 of the Arms Act and Ss. 4 and 5 of the Explosive Substances Act. On the basis of the aforesaid ruqa. Exhibit PO, formal FIR Exhibit PO/1 was recorded in PS Sri Hargobindpur on the same day i.e. 8-7-1996. Accused-Major Singh was formally arrested in this case and was brought to the police station where he was lodged while the case property was deposited with the MHC.

(3.) After completion of the investigation, the challan was submitted in the Court against accused-Major Singh. The learned Magistrate committed the case to the Court of Session as the offence under Ss. 4/5 of the Explosive Substances Act was exclusively triable by the Sessions Court. The learned Additional Sessions Judge, Gurdaspur, initially framed the charges under S. 25 of the Arms Act and under S. 4 of the Explosive Substances Act against accused-appellant-Major Singh on 7-8-1997, but later on the charges were amended and on 24-7-1988, accused-Major Singh was charged under S. 25 of the Arms Act and under S. 4 of the Explosive Substances Act. Accused-Major Singh pleaded not guilty to the charges and claimed trial.