SURJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SURAJ Petitioner was convicted by the trial Magistrate, Hissar, under Section 5 of the Explosive Substances Act, 1908 and sentenced to one year's rigorous imprisonment and a fine of Rs. 500. On appeal, the learned Additional Sessions Judge, Hissar, not only upheld his conviction but affirmed his sentence and hence the present petition .

(2.) THE broad outline of the prosecution case is that on 21st October, 1976 at 11.55 a.m. Dalip Singh, Assistant Sub -Inspector alongwith other police officials was present at the bus stand of village Bandaheri when he received a secret information against the Petitioner being in possession of a hand -grenade in his house. When the police party reached near the house of the Petitioner, the latter tried to slip away, but he was apprehended. On his personal search hand -grenade -detonator fitted with a pin was recovered from his possession and the same was taken into possession. On the basis of the ruqa sent by the Investigating Officer, formal first information report was registered at the Police Station. The hand -grenade was sent to the Director, Forensic Science Laboratory, Madhuban, who vide his report Exhibit P.W. 5E opined that the hand -grenade in question was an explosive substance and that it could cause damage to life and property. After obtaining the necessary sanction for the prosecution of the Petitioner, he was sent up for trial.

(3.) THE main contention of the learned Counsel for the Petitioner is that the trial Magistrate had no jurisdiction to try the case, the offence being punishable with transportation for a term which may extend to fourteen years, to which fine may be added. He submits that the offence is exclusively triable by the Court of