Full Judgment Text
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PETITIONER:
HARNEK SINGH
Vs.
RESPONDENT:
STATE OF PUNJAB
DATE OF JUDGMENT: 12/11/1998
BENCH:
G.T. NANAVATI, S. RAJENDRA BABU.
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
Nanavati, J.
The appellant has been convicted by the Designated
Court, Sangrur, under Section 25 of the Arms Act and Section
5 of of the TADA Act as he was found in possession of one
.22 bore pistol with 25 live cartidges. The Designated
Court relying upon the evidence of Inspector Sant Kumar and
ASI - Darshan Singh held that when the appellant was
apprehended he was found in possession of the said pistol
and the cartidges. As 10 cartidges were found loaded in the
pistol, the Designated Court relying upon the decision dated
3.2.98 of this court in Kashmira Singh vs. State of Punjab
in Criminal Appeal No. 228/97 and also the evidence of the
said two witnesses held that the pistol was in working
order. Therefore, even through the pistol and the cartidges
were not sent to the armourer for test firing, the
Designated Court thought it fit to convict the appellant for
the said offences.
We have gone through the evidence of both these
witness. Nothing was brought out in the cross-examination
to create any doubt regarding the identity of the weapon.
There was no cross-examination regarding working condition
of the pistol. Considering the fact that the two Police
Officers were competent enough to depose about the condition
of the weapon and the circumstance that the pistol was
loaded with cartidges, it can be said with reasonable
certainity that it was in working condition.
We are therefore of the opinion that he was rightly
convicted for possessing the said arm without a permit of
licence. As he was found in a possession of a fire arm in
the notified area, he was rightly convicted under the TADA
ACT also.
For these reasons, appeal is dismissed.