SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 17.4.1993 passed by the Additional Judge, Designated Court, Ludhiana vide which the Appellant has been convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/ -.

(2.) AS per the prosecution version, on 3.9.1990 at 10.50 p.m. the Appellant was found in possession of a country made pistol and a live cartridge without a valid licence or permit. The said recovery was effected by PW4 -ASI Vir Rajinder Pal in the presence of Constable Gurmail Singh PW -3 and Constable Chain Singh. The Appellant was arrested on the spot. After getting sanction from the District Magistrate, Ludhiana, the prosecution was launched against him. Since the recovery was effected from the Appellant in a notified area, therefore, a formal charge under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as 'the Act') was framed against the accused. He pleaded not guilty and claimed trial.

(3.) IN his statement under Section 313 Code of Criminal Procedure, the Appellant denied all the allegations and stated that on 6.8.1990, when he was going to bazar, the police had illegally detained him and kept confined for many days. Subsequently on 3.9.1990, a country made pistol was planted on him and he was produced before the Magistrate.