JAGMOHAN SINGH @ RINKU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of two appeals bearing Nos. CRA-S-4214- SB of 2013 jointly filed by accused Jagmohan Singh and Darshan Singh convicted under Section 20 of the Unlawful Activities (Prevention) Act, 1967 (in short "the Act") and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/- with default clause, and CRA-S-4389-SB of 2013 filed by accused Harpreet Singh @ Happy @ Heera convicted under Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/- with default clause, as both the appeals are arising out of the common judgment and order dated 14.11.2013 passed by Judge, Special Court, SAS Nagar (Mohali).

(2.) For brevity, the facts are taken from CRA-S-4214-SB of 2013. On 25.9.2009, on a secret information that terrorists of Babbar Khalsa International (a banned terrorists organization) namely, Harjot Singh @ Sukhwinder Singh, Harpreet Singh @ Happy @ Heera (appellant), Jagmohan Singh @ Rinku (appellant), having connections with ISI of Pakistan, were operating in Punjab by procuring weapons and explosive from one Sodha Khan of Jaisalmer (Rajasthan) to create lawlessness were roaming in the area in an Indigo car, after getting a case registered, Deputy Superintendent of Police, laid a barrier near the drain of PCA Stadium, SAS Nagar (Mohali). In the meanwhile, a golden coloured Indigo car bearing No. CH 03 L 4858 reached there which was stopped by giving signal. On enquiry, its driver disclosed his name as Harpreet Singh @ Happy @ Heera. On search, a pistol of .30 bore, loaded with eight cartridges from left dub and seven live cartridges of the same bore were recovered from left pocket of his trouser. The pistol and recovered live cartridges were taken into possession by converting the same into two separate parcels. Sketch of the pistol was prepared. Indigo car with its registration documents was also taken into possession. Appellant Harpreet Singh was formally arrested. On the next date, on interrogation, Harpreet Singh suffered disclosure statement that he along with Sukhwinder Singh, Harjot Singh and others had been visiting Rajasthan to smuggle arms into Punjab being supplied by aforesaid Sodha Khan. On further interrogation of Harpreet Singh, on 2.10.2009 he made another disclosure statement that he along with Ranjodh Singh had stayed in a hotel 'Bachan Niwas' situated near Jaisalmer in Rajasthan and was having a visiting card of the said hotel duly kept concealed by him in his personal trunk at his residence. The police party pursuant thereto got recovered the said visiting card. The police party also visited the aforementioned hotel and found that Harpreet Singh and Harjot Singh had stayed there on 13.8.2009.

(3.) Consequently, police remand of appellants Jagmohan Singh and Darshan Singh was obtained. During the course of their interrogation, appellant Jagmohan Singh suffered disclosure statement that in August 2008, he had visited Lahore (Pakistan) and had met one Malik Satar, a tent house owner, who had facilitated his meeting with Wadhawa Singh Babbar (a terrorist of Babbar Khalsa outfit). At the direction of Wadhawa Singh Babbar, he accompanying Malik Satar went to Kurki (Pakistan) near Indian border and had brought two assault rifles and a bag containing RDX to village Bharowal near Tarn Taran (Punjab) to deliver the same under instructions of uncle of aforesaid Wadhawa Singh Babbar near the drain and had kept concealed the same in a ditch. Similarly, appellant Darshan Singh suffered disclosure statement that he had smuggled two pistols from Jodhpur (Rajasthan) to Punjab by bus and had kept concealed the same by alighting from the bus near Jodhpur. Further on 24.10.2009, pursuant to his disclosure statement Darshan Singh got recovered photocopies of letters Mark P1 to P7 allegedly written by Wadhawa Singh, Chief Babbar Khalsa to him from his house. On 26.10.2009 Jagmohan Singh pursuant to his disclosure statement got recovered an Indigo car from near SYL Canal, Village Pawala, Bassi Pathana, allegedly used by him for transporting arms and conducting recce. From the dash board of the car, 10 letter pads of Babbar Khalsa Mark P8 to P17 were recovered. Since complicity of one more accused Amarjit Singh was also found, his house was raided, but he could not be arrested, despite numerous raids. Subsequently he was arrested from Chenai International Airport. On his personal search several articles like telephone dairy, Apple I-pad, Identity card of Bar Association, Chandigarh, three sims etc. were recovered from his possession.