AAD LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution story, in brief, is that on 6.5.1984, SI Gurpal Singh along with ASI Harbans Lal and other police officials held a Naka in the area of Rup Nagar on the Indo-Pak Border when at about 4.00 A.M. in the intervening night of 6/7.4.1984 both the accused entered into India from Pakistan side. They were asked by SI Gurpal Singh to stop. Accused Aad Lal was arrested at the spot and flat crepe cloth made in Pakistan was recovered from him which was taken into possession vide recovery memo Ex. PA. His further searched resulted in the recovery of Rs. 350/- which was also taken into possession vide recovery memo Ex. PB. Country made pistol along with cartridges was also recovered for which a separate case was registered. On completion of investigation, challan against the accused was presented in the court. Accused were charged under Section 3 of the Indian Passport Act to which they pleaded not guilty and claimed trial.

(2.) TO prove its case, the prosecution examined HC Harnam Singh, PW1, HC Nirmal Singh, PW2, HC Krishan Kumar PW3 and closed its evidence.

(3.) AFTER hearing the learned APP for the State and counsel for the accused/petitioners, the petitioners were convicted and sentenced to undergo rigorous imprisonment for a period of three months by Judicial Magistrate Ist Class, Fazilka under Section 3 of the Indian Passport Act. Aggrieved by the order, the petitioners preferred appeals before the Additional Sessions Judge, Ferozepur and the same were also dismissed vide order dated 2.8.1990. Aggrieved by the orders of the Courts below, the present revision petition has been preferred.