FIROJ RAVIDAS @ FIROJ DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shekhar Prasad Sinha, learned counsel for the petitioner and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 25.02008 passed by the learned Sessions Judge, Dhanbad in Criminal Appeal No. 13 of 2008 whereby and whereunder the judgment and order of conviction and sentence dated 23.01.2008 passed by the learned Judicial Magistrate 1st class, Dhanbad in connection with Dhanbad (Bhuli) P. S. Case No. 363 of 2007 corresponding to G. R. No. 1497 of 2007 convicting the petitioner for the offence under Sections 25(1-b) A and 26 of the Arms Act and sentencing him accordingly has been affirmed.

(3.) The allegation made in the FIR is that on 17.05.2007 while the informant was on patrolling duty and when he reached B block temple, a confidential information was received that some miscreants had assembled near the Chhath Ghat. On such information when the informant and others searched an abandoned hut near the river, the petitioner was found consuming heroin and a loaded country-made pistol was found near him. The petitioner failed to submit any explanation with respect to the possession of a loaded countrymade pistol. Based on the aforesaid allegations, Dhanbad (Bhuli) P. S. Case No. 363 of 2007 was instituted in which after investigation, charge-sheet was submitted and after cognizance was taken, charge was framed for the offences under Sections 25 (1-b) A and 26 of the Arms Act.