BILLU MOHAMMAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Billu Mohd. has preferred the instant appeal against the judgment of conviction and order of sentence dated 31.01.2003, passed by Additional Sessions Judge (Adhoc), Fast Track Court, Gurdaspur, vide which he has been held guilty for the commission of offence punishable under Section 25 of the Arms Act and under Sections 4 and 5 of the Explosive Substances Act and accordingly, convicted and sentenced to undergo rigorous imprisonment for a period of three years each under the aforesaid Sections.

(2.) Brief facts of the prosecution case are that on 17.08.1998, Shiv Kumar, Superintendent of Police, Pathankot received a secret information about the visit of accused Billu Mohd. in the 'Dera' of one Fakir Mohd. in the area of Behrian, having arms and ammunition in large quantity in his unlawful possession. There was also secret information that if a raid is conducted, accused alongwith 8-10 militants could be arrested. Ruqa was sent to the police station on the basis of which FIR was registered. One raiding party, headed by Inspector Darshan Singh, when reached near the 'Dera' of Gujar Fakir Mohd., accused Billu Mohd. was seeing coming out of the 'Dera' and he started going towards the side of river fastly. He was carrying something, wrapped in a gunny bag, on his head. He was apprehended and on his personal search, one country-made 12 bore pistol loaded with one cartridge and three more cartridges were recovered. 10 kg. explosive substance was also recovered from his possession. Sample of 10 grams explosive substance was separated and the remaining substance, on measurement came to 9.990 kg. which was put into a tin (pipa) and sealed parcel was prepared. Case property was taken into police possession. Rough site plan was prepared. Statements of witnesses were recorded. After necessary investigation, challan against the accused was presented before the Court.

(3.) On presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was chargesheeted for the commission of offence punishable under Sections 4 & 5 of the Explosive Substances Act and under Section 25 of the Arms Act to which he pleaded not guilty and claimed trial.