SAWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is an accused in a case pending before the Designated Court at Ajmer under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'the T.A.D.A. Act' hereinafter).

(2.) The petitioner is being proceeded against on the allegation that he has committed offences under Sections 5 of the T.A.D.A. Act and under Sections 7/25 and 27 of the Indian Arms Act. As the petitioner in his petition has stated that he was being proceeded against under Sections 3 and 5 of the T.A.D.A. Act, the case was fixed for rehearing and it was not clarified as to whether the petitioner is being proceeded against under Section 3 of the T.A.D.A. Act also. However, on the basis of the certified copy of the challan produced by the petitioner, a copy of which is already on record as Annexure 1 to the petition, it is clear that the petitioner is being proceeded against on the aforesaid offences only. Though the petition is for quashing the entire proceedings against the petitioner, at the hearing the only point raised was that since offence under Section 5 of the T.A.D.A. Act would be committed only within the notified area and as the prosecution case against the petitioner is that he has committed the offences described under Section 5 of the T.A.D.A. Act in the District of Nagour which is not a notified area, he cannot be proceeded against under the T.A.D.A. Act before the Designated Court.

(3.) According to the prosecution story as disclosed in the challan papers accused Poonam Chand gave information to the Police on Oct. 15, 1993 that he had sold one A.K. 56 rifle with two magzines and 30 cartridges to Jagdish S/o. Lalu Ram Bishnoi and two A.K. 56 rifles, two magzines and 60 cartridges to Madan Lal Sadh R/o. Kuchera who is his turn sold the same to accused Sawai Singh (petitioner), R/o Kuchera. On this information accused Sawai Singh, the petitioner was arrested on Oct. 27, 1993 and during investigation he is said to have admitted having purchased two rifles, three magzines and 59 crtridges from accused Poonam Chand through Madan Lal Sadh. The arms and ammunitions are said to have been recovered from the accused Sawai Singh the petitioner on his information furnished under Section 27 of the Indian Evidence Act. The statement under Section 15 of the T.A.D.A. Act are said to have been recorded.