GHANSHYAM SONI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed under Article 226, Constitution of India for quashing the proceedings of the criminal Case No. 61/92 State v. Ghanshyam, pending before the Judge, Designated Court, Ajmer, constituted under the Terrorist and Disruptive Activities Act, 1987 (hereinafter to be called the Act) and directing the release of the accused-petitioner. The facts of the case may be summarised thus.

(2.) F.I.R. No. 29192 under Section 25 read with Section 3 of the Arms Act and Section 5 of the Act was registered against the accused-petitioner and others by the Police Station, Pratap Nagar, Jodhpur. In pursuance of the information given by the co-accused Ishtyag under Section 27, Evidence Act two telescopic guns, three telescopes and 147 cartridges were recovered from the house of the accused-petitioner Ghanshyam situated at Bheru Ghat, Pali city. Thereafter, the accused-petitioner was arrested under section 5 of the Act.

(3.) It is contended by learned counsel for the accused-petitioner that section 5 of the Act is not applicable to the area of Pali district as is clear from the notification No. P6 (4) Home - 9/87 dated December, 07, 1991 and as such the arrest of the accused-petitioner is totally illegal and the proceedings commenced under section 5 of the Act, against him in the Designated Court are without jurisdiction. He further contends that the Designated Court may be directed to forthwith decide the petitioners application dated 30.1.1993 (Annex-10) moved under Section 18 of the Act.