DHARAMVIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 30.10.1987 passed by the Additional Sessions Judge, Faridabad acquitting accused appellant under Sections 4 & 5 of the Explosive Substances Act, 1908 and convicting him under Section 9-B of the Explosive Act, 1884 and sentencing him to undergo RI for 1 year and a fine of Rs. 1000/- and in default of payment of fine to undergo further RI for 3 months.

(2.) On receipt of secret information the police registered formal FIR Exhibit PC under Sections 4 and 5 of the Explosive Substances Act, on 4.1.1985 and thereafter ASI Hari Chand heading the police party which comprised of HC Kewal Krishan and others including one witness from the public namely Budhi, apprehended accuse -appellant Dharamvir, who was found carrying a bag in his hand and on search the said bag was found containing 52 cells, 38 caps and three bundles of battis and after taking out one piece each of cell, cap and batti, the bulk and the samples were separately sealed and the sealed samples were taken into possession vide recovery memo Exhibit PA. The case was investigated by ASI Hari Chand who prepared the rough site plan Exhibit PD of the place of recovery and formally arrested the accused in this case. ASI Hari Chand recorded the statement of witnesses under Section 161 Cr. P.C. and on return to the police station he lodged the accused in the police custody and the case property was deposited with the M.H.C. After receipt of the report Exhibit PE from the Controller of Explosives and after completion of investigation and after obtaining sanction Exhibit PF of the District Magistrate the police submitted report under Section 173 Cr. P.C. against the accused. On receipt of the challan the learned Magistrate committed the case to the Court of Session. Thereafter the learned Additional Sessions Judge charged the accused-appellant under Sections 4 & 5 of the Explosive Substances Act and under Section 9-B of the Explosive Act to which charges the accused pleaded not guilty and claimed trial. The prosecution in support of its case produced evidence. Thereafter the statement of accused under Section 313 Cr. P.C. was recorded in which he denied the prosecution allegations against him and stated that he was innocent and he was involved in this case due to enmity. However, the accused did not produce any evidence in defence.

(3.) The learned Additional Sessions Judge after hearing both the sides and perusing the record, convicted the appellant-accused as referred to above vide judgment and order dated 30.10.1987. It is against this judgment and order of the learned Additional Sessions Judge that the accused has filed the present appeal. As referred to above, while convicting the accused under Section 9-B of the Explosive Act the learned Additional Sessions Judge had acquitted the accused under Sections 4 & 5 of the Explosive Substances Act.