SAWAN SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 19 -F of the Indian Arms Act, and sentenced to six months rigorous imprisonment and a fine of Rs. 300 and in default ore months rigorous imprisonment as modified by the Sessions Judge, Jammu.

(2.) THE prosecution case was that on 20 -1 -1958 the Custom Officer P. W. 1 Bakshi Prithvi Raj on getting some information stopped bus No. 6090 J & K and searched the accused as a result of which a 32 Bore revolver without a licence was recovered from his person besides other articles like currency notes and pieces of goods like Shefoon. These articles were seized from his possession and a sort of seizure list is said to have been prepared by the officer concerned on that date. As the driver of the bus wanted to proceed to his destination he was allowed to do so and one of the passengers of the bus Jagu by name was asked to get down from the bus in order to be a witness to the said seizure list. On the next day that is 2 1 -1 -1958 the Custom Officer sent a letter to the police station Ranbir singh pura for registering a case against the accused. This letter was received on 21 -1 -58 and the first information report was drawn up on the basis of this letter on the same date at about 2 -30 P, M. The accused was also produced at the Police station by the custom officer. The alleged seizure list Ex, P -l was not sent to the police station until 17 -2 -1958. There is no dispute with respect to this fact.

(3.) THE police after holding the usual investigation submitted a charge sheet against the appellant as a result of which he was tried and convicted as indicated above.