RAJ KUMAR DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Heard the parties.

(2.) The present appeal is directed against the judgment of conviction dated 28.04.2006 and order of sentence dated 29.04.2006 passed by Shri Chandra Prakash Asthana, Addl. Judicial Commissioner, No.-VI, Ranchi in Spl. Case No.02 of 2004(N), whereby the appellant has been convicted under Sections 25(1-B)A and 26 of the Arms Act and sentenced to undergo rigorous imprisonment for two years with a fine of Rs.1000/- and in default thereof, further undergo simple imprisonment of three months for each section. It has been ordered that the sentence will run consecutively. It appears that the appellant has remain in custody from 18.04.2004 to 12.05.2006 i.e. more than two years.

(3.) Bariatu P.S. Case No.61 of 2004, corresponding to Spl. Case No.02 of 2004 (N) has been registered on 18.04.2004 on the self- statement of Akhilesh Kumar Singh, officer-in-charge of Bariatu Police Station. As per the FIR, on 18.04.2004 the informant (P.W.1-Akhilesh Kumar Singh) has got confidential information that the appellant is involved in sale and purchase of Ganja, Fire Arms and Cartridges. It has been note down in the police station diary and requisition has been sent by memo no.256 of 2004 for deputation of Magistrate. Along with Magistrate and police party, the raid has been conducted on 18.04.2004. Large quantity of Ganja, Fire Arms with cartridges has been recovered from the possession of the appellant which were kept in his house.