DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by Dalip Singh against the judgment of the Additional Sessions Judge. Amritsar. dated October 24, 19153, by which he was convicted under section 5 of the Explosive Substances Act, 1908, (hereinafter called the Act) and was sentenced to undergo four yearsT rigorous imprisonment.

(2.) The prosecution case is that on December 23, 1981, Sub-Inspector Pritam Dase of the C.I.A. Staff, Ajnala, received a secret information that the appellant was in possession of 22 country-made bombs which are used for pig-hunting. On the receipt of this information he sent a ruqa to the Police Station on the basis of which a case under sections 4 and 5 of the Act was registered against the appellant. The Sub-Inspector along with Assistant Sub-Inspector Tehal Singh and some other police officials raided the house of the appellant in village punge. Diwan Chand, who is working as a sweeper in the C.I.A. Staff, was also in the raiding party. When the party entered the house. of the appellant to make a search the latter tried to slip away with a bag in his hand. He was apprehended and from the bag 22 bombs were recovered.

(3.) The prosecution case was supported by Sub-Inspector Pritam Dass and Assistant Sub- Inspector Tehal Singh. Diwan Chand was given up. The appellant, when questioned under section 313, Code of Criminal Procedure, denied the recovery of bombs from his possession and alleged false implication. The learned trial Court placing reliance on the prosecution evidence convicted and sentenced the appellant as mentioned above.