RANBIR SINGH SEHGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ranbir Singh Sehgal has filed this appeal against his conviction and sentence of five years rigorous imprisonment and a fine of Rs. 20,00/- or in default to undergo rigorous imprisonment for a further period of six months, under Section 5 of the Explosive Substances Act. The charge against him was that he on or about the 14th day of September, 1958, at village Kajheri, had in his possession or under his control ten live hand grenades, seventeen fuses and explosive substances under such circumstances as to give reasonable suspicion that they were in his possession or control not for a lawful object.

(2.) The projection case is that the accused appellant on interrogation by Hari Ram Sub-Inspector of Police (P.W. 10) on 14th September, 1958, in the district Court compound, Ambala, disclosed that he had buried 10 live handgrenades, seventeen fuses and other arms after putting all these into two glass jars in the cattleshed of Harbhajan Dass situate in the area of village Kajheri, Data Singh (P.W.1) and Phammi Shah (P.W.2) were present at the time. The disclosure statement was reduced to writing Exhibit P.A. which was attested by the two witnesses. The accused led the party to the spot and after digging a place brought out two jars containing 10 live handgrenades, seventeen fuses alongwith other arms and ammunition. Data Singh (P.W.1) Phammi Shah (P.W. 2) and Niranjan Singh Lambardar, village Kajheri (P.W.3) witnessed the recovery. They signed the recovery memo, Exhibit P.B. The recovered articles were made into sealed parcels.

(3.) Probably Kumar Sen Gupta (P.W.8), Inspector of Explosives, Gomia, Bithar State, received the sealed parcels intact for examination of the contents thereof. In his opinion each one of the handgrenades if suitably initiated with the igniter sets are even otherwise on explosion would be dangerous to human life and property resulting in a serious damage. Exhibit P.H. is his report.