BIJENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under S. 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 12-10-1992 by which a charge under S. 5 of the Terrorist and Disruptive Activities (Prevention) Act 1987 (hereinafter referred to as 'the Act') has been framed by the Designated Court.

(2.) The prosecution story is as under :- Sub-Inspector Rajinder Kumar along with ASI Babu Ram and three other constables were present on the Canal Bank in connection with the investigation of case FIR No. 72 of 1992, when the petitioner was found there. His search was carried out and, from the right pocket of his pant, one pistol, 12 bore country made, was found loaded. It was unloaded and one 12 bore cartridge were taken out. Since the petitioner had kept the pistol and the cartridges without licence in his possession, therefore, a case under Section 25 of the Arms Act, 1959, was registered on 4-6-1992.

(3.) Mr. Gulab Singh Advocate, learned counsel for the petitioner, has contended that the Designated Court has erred in law in framing the charge under Section 5 of the Act against the petitioner; that the petitioner was not involved in the commission of terrorist or disruptive activities; that merely because a firearm has been recovered from the petitioner; it cannot be said that he had committed any offence under Section 5 of the Act without any further material to implicate the petitioner in such offence; and that, taking the facts and they are, the introduction of the offence under Section 5 of the Act was uncalled for and the case has to be tried under Section 25 of the Arms Act by the ordinary Court.