Full Judgment Text
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PETITIONER:
AJAIB SINGH
Vs.
RESPONDENT:
STATE OF PUNJAB
DATE OF JUDGMENT: 26/11/1997
BENCH:
G.T. NANAVATI, B.N. KIRPAL
ACT:
HEADNOTE:
JUDGMENT:
THE 26TH DAY OF NOVEMBER, 1997
Present:
Hon’ble Mr.Justice G.T.Nanavati
Hon’ble Mr.Justice Kirpal
Ms, Suresh Kumari and S.K.Sabbarwal, Advs. for the appellant
Kuldip Singh and R.S.Sodhi, Advs. for the Respondent
J U D G M E N T
The following Judgement of the Court was delivered:
NANAVATI, J.
The appellant has filed this appeal against the
judgment and order of the Add1. Judge, Designated court,
Sangrur in Special Sessions Case No. 84 of 1989.
During the nakabandi, police noticed the appellant
moving in suspicious circumstances. One personal search, the
appellant was found carrying one .32 bore revolver which was
in working order. It was found loaded with one empty
cartridge and five live cartridges. He was, therefore,
prosecuted for the offence punishable under Section 25 of
the Arms Act read with Section 5 of the TADA Act.
In order to prove its case, case, the prosecution
examined the Investigating Officer - Joginder Singh, who was
then an Inspector of Police and PW.2 - Karnail Singh, who
was one of the recovery witnesses. Joginder Singh in his
evidence stated that the said revolver was found from the
person of the appellant and on examination it was found in
working order. He also deposed that an attempt was made to
procure attendance of two independent witnesses at the time
of search and seizure but they were not available. He is
fully supported by the evidence of PW.2 - Karnail Singh.
We do not find any infirmity in their evidence. It is
difficult to believe that the police could have planted a
revolver, as submitted by the learned counsel for the
appellant. We have also no reason to doubt competence of the
Investigation Officer to depose about the condition of the
revolver.
In our opinion, the trial court rightly convicted the
appellant under Section 25 of the Arms Act read with Section
5 of the TADA Act. The sentence imposed upon the appellant
also appears to us reasonable.
The appeal is, therefore, dismissed.
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