AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant appeal is filed to challenge conviction of the appellant recorded under Section 25 of the Arms Act, 1959 (for short to be referred as the 'Act'). The appellant was sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs. 1,000/ -; in default of payment of fine to further undergo Rigorous Imprisonment for a period of three months under Section 25 of the Act

(2.) THE facts of the case briefly are that appellant was arrested by Narcotic Control Bureau (NCB) on 23.12.2005 and recovery of 26 kilograms of heroin was made from the motorcycle on which he was travelling. Separate proceedings for that recovery were conducted. From further search of appellant, NCB team headed by PW4 Ravi Kant Pawar recovered one silver colour pistol (mouser) bearing No. 67120 CAL 30 made in China by Norin Company along with five live cartridges in the magazine. Due to security reasons, proceedings with regard to seizure of weapon were completed in Police Station Sadar Ferozepur. The sanction for prosecuting the appellant was also obtained from the District Magistrate. The appellant was then presented before the Magistrate but since the case with regard to recovery of heroin was pending before the Judge Special Court, learned Magistrate also committed this case to the Judge Special Court. Accordingly, both the trials were conducted by the same Court.

(3.) DURING his examination under Section 313 Cr.P.C., the appellant denied all the incriminating circumstances appearing in the evidence against him and set up the following defence plea: -