RAM AVTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 10.9.1987 passed by the court of Additional Sessions Judge, Faridabad who convicted the appellant Shri Ram Avtar under section 9-B of the Explosive Act and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-. In default of payment of fine, he was sentenced to undergo further rigorous imprisonment for a period of two months.

(2.) THE brief facts of the case are that on 10.6.1986, ASI Raj Pal alongwith Ishwar Singh and Roshan Lal Constables were present near Ashram Green Field Colony in connection with the patrolling duty and at that time Ram Lal son of Murli, resident of Dayal Nagar met them by chance. When the police party was talking with Shri Ram Lal son of Murli, appellant came there on bicycle from the side of S.O.S. Nagar towards Green Field Colony and on seeing the police party from a distance of 20/25 yards, the appellant stopped his bicycle by applying brakes and tried to take turn. On the basis of the suspicion he was apprehended by the thanedar in the presence of other members of the police party. A gunny bag was hanging on the handle of the bicycle of the appellant. The bag was searched and explosive substance in the shape of 20 detonators and two cords were recovered. The appellant could not produce any licence or permit. The recovered barud (explosive) was weighed and it came to be 20 kilograms. The thanedar separated 1/2 kilograms of Barud/explosive and made sealed parcel thereof. Out of the two cords a length of one foot was cut as a sample and two separate parcels were prepared. Remaining explosive and the cards were separately sealed with the seal of the Investigating Officer bearing inscription RD and the articles were taken into possession vide recovery memo Ex.PA. Memo Ex.PB with regard to the bicycle was prepared. Intimation Ex.PC was sent to the basis of which formal F.I.R. was recorded by ASI Azad Singh. Investigating Officer also prepared rough site plan Ex.PD of the place of the recovery. On completion of the investigation of the case, the appellant was challaned in the Court of Area Magistrate who supplied copies of the documents to the accused and vide order dated 9.3.1987 committed the accused to the Court of Sessions. Vide order dated 4.5.1987 the appellant was charge-sheeted under sections 4, 5 and 9B of the Explosives Substances Act. The charges were read and explained to the accused to which he pleaded not guilty and claimed to be tried.

(3.) ON closure of the prosecution evidence, statement of the accused was recorded under section 313 Cr.P.C and all the incriminating circumstances appearing in the prosecution evidence were put to him. Accused denied those circumstances and his stand was that he has been falsely implicated in this case at the instance of one Pardhan contractor.