UNION TERRITORY OF CHANDIGARH Vs. BRIJ BHUSHAN

JUDGEMENT

(1.) Union Territory of Chandigarh has come up in appeal against the judgment and order dated 22.11.2003 passed by learned Judicial Magistrate Ist Class, Chandigarh, vide which Brij Bhushan, respondent was acquitted of the charges framed against him under Section 25 of the Arms Act.

(2.) The prosecution story is that on 05.05.1997, SI Ved Pal was present in the Police Station with SI Ram Kumar, where a secret information was received that arm and ammunition is lying in the scooter bearing registration No.CHL 1575, parked outside Sector-17, Chandigarh Court complex. Accordingly, police visited the spot and found a scooter parked outside the Court premises towards bus stand Sector-17. When accused Brij Bhushan came and tried to start the scooter, he was apprehended. The checking of the dicky of the scooter resulted in recovery of one country-made pistol, loaded with one cartridge. The pistol and cartridge were separately sealed. Accused could not produce any licence to keep the arms and ammunition. Hence, FIR under Section 25 of the Arms Act was registered. Pistol and cartridge were got tested from the armourer, who submitted its report Ex.PW2/A. After obtaining the sanction of District Magistrate Ex.PA, challan was presented in the Court. In support of its case, the prosecution examined Gurnam Singh, Clerk, Arms Licensing Branch, D.C. Office, Chandigarh as PW1, Constable Bahal Singh Rana, Armourer as PW2, SI Ram Kumar as PW3, Constable Rulda Ram as PW4, HC Dalip Singh as PW5 and SI Ved Pal as PW6.

(3.) In the statement under Section 313 Cr.P.C., accused claimed that he has been falsely implicated in this case. In defence, accused examined Jatinder Singh Dhami as DW1 and also produced documents Exs.DB, DC and DD and Exs.D1 to D12.