BAKSHISH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is accused of an offence under section 25 of the Arms Act for allegedly he was found in possession of a country made pistol. Section 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1985, has been employed in the case, as concededly there is a notification by the Haryana State Government making all the provisions of the Arms Act applicable to the territories of Haryana under the said provision. It would be useful to reproduce section 6 herein :-

(2.) IN the matter of bail, under the Act, a heavy burden has been cast by the legislature to be shouldered proportionately by the Public Prosecutor and the Court. This is evident from the provisions of sub-section (5) of section 17. It reads as follows :-