MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused was convicted for the offence under Section 5 of the Explosives Substances Act (hereinafter called the 'Act') and sentenced to undergo rigorous imprisonment for a period of four years and pay a fine of Rs. 2000/- by the learned Additional Sessions Judge, Kapurthala in Sessions Case No. 80/27 of 25.5.1987 in FIR No. 215 dated 23.6.1985.

(2.) ACCORDING to the case of the prosecution on 23rd June, 1985, Sub Inspector of Police Sat Pal alongwith other police officials held a Nakabandi at the bridge of a canal minor towards the side of Khilwara Gate. At about 3.30 A.M. three persons came from the side of Khilwara Gate who wanted to go towards Phagwara. When the Police party asked them to stop, they started running towards the different directions and the Police Patrty was able to apprehend the accused and on his personal search, it was found that he was having two hand grenades and the same were recovered from his Jhola (bag) which the accused was holding in his right hand. The hand grenades were wrapped in an envelope and a match box was also found in the Jhola (bag). The police seized the hand grenades, Jhola and the match box and on the receipt of the report of the Controller of Explosives, a chargesheet was filed against the accused for the offences under Sections 4 and 5 of the Act.

(3.) IN order to prove the guilt of the accused, the prosecution examined three witnesses besides marking the report of the Controller of the Explosives. The accused was examined under Section 313 Cr.P.C. In defence, the accused examined two witnesses namely the Reader of the Court of the Judicial Magistrate Ist Class, Phagwara and Constable Lakhwinder Singh.