SURINDER KUMAR @ DADA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by Surinder Kumar @ Dada one of the accused, against the judgment and order dated 18.8.2003 passed by Sh. R.S. Rai, Additional Sessions Judge (Adhoc), Fast Track Court, Gurdaspur, vide which the accused appellant has been convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs. 1,000/- an in default of payment of fine, to further undergo rigorous imprisonment for a period of two months.

(2.) Briefly stated, Surinder Kumar @ Dada, Bhajan Singh, Sukhdev Singh and Tota were put to stand trial for offence under Sections 489-B, 489-C IPC and Section 25 of the Arms Act, Police Station Sadar, Pathankot, vide FIR No. 181 dated 17.7.2000 The facts as enumerated from the record of the case are that on 16.7.2000 SI Piara Singh alongwith police party was present at bus stand of village Mangal Bhur in connection with patrolling duty and checking vehicles etc. He received secret information to the effect that three tippers (vehicles) owned by Surinder Kumar Walia, bearing registration Nos. HR-38-5595, PB-7-B-6995 and PUQ-3733, which were being driven by Bhajan Singh, Sukhdev Singh and Tota, respectively, were involved in the business of fake currency notes. Secret informer further informed SI Piara Singh that on that day also they were coming from Mukerian alongwith fake currency notes to use the same as genuine. in the market. Naka was held. At about 10.00 p.m. three tippers came from the side of Mukerian, which were stopped by SI Piara Singh with the help of torch. The person who was driving tipper bearing registration No. NR-38-5595 told his name as Bhajan Singh and driver of tipper bearing registration No. PB-07B- 6995 told his name as Sukhdev Singh. The third driver who was driving vehicle No. PUQ-3733 fled away and one more person who was travelling in the said tipper told his name as Surinder Kumar and he further told the name of the driver of that vehicle as Tota r/o Talwandi. Personal search of these persons was conducted by SI Piara Singh. Personal search of Bhajan Singh led to the recovery of Rs. 800/- in which three notes of denomination of Rs. 100/- were of fake currency. Personal search of accused Sukhdev Singh led to the recovery of Rs. 630/- in which three notes of denomination of Rs. 100/- were found to be of fake currency. Similarly, personal search of accused Surinder Kumar led to the recovery of Rs. 3,500/- in which three notes of denomination of Rs. 100/- were found to be fake currency notes. Personal search of Surinder Kumar further led to the recovery of one Webley Scott 32 bore pistol bearing No.63310. Pistol was unloaded and six live cartridges were also recovered. However, Surinder Kumar could not produce any licence or authority to keep the said pistol and cartridges in his possession.

(3.) After presentation of the challan, charge under Sections 489 C was framed against all the accused, whereas charge under Section 25 of the Arms Act was also framed against the appellant- Surinder Kumar @ Dada.