PETITIONER: JASPAL SING Vs. RESPONDENT: STATE OF PUNJAB DATE OF JUDGMENT: 24/09/1998 BENCH: G.T.NANAVATI, S.P.KURDUKAR ACT: HEADNOTE: JUDGMENT:
Hon’ble Mr. Justice G.T.Nanavati
Hon’ble Mr. Justice S.P.Kurdukar
Ujjagar Singh, Sr.Adv., G.C.Sharma, Ms.Naresh Bakshi, Advs,
with him for the appellant
R.S.Sodhi, Kuldip Singh and Rupesh Kumar, Advs. for the
Respondent
The following Judgment of the Court was delivered:
Nanavati. J.
The appellant has been convicted under Section 25
of the Arms Act and Section 5 of the TADA Act as he was
found in possession of one DBBL gun. 12 bore and five live
cartridges on 17/18.3.1992. The trial court relying upon
the evidence of ASI – Balbir Singh and P.W.4 – Man Singh
who were the members of the Police party held that it was
proved by the prosecution that the appellant was in
possession of those articles. The trial court further held
that as the gun was found loaded, it can be presumed that
it was in working order. Taking this view it convicted the
appellant, as stated above.
Admittedly, no evidence was led by the prosecution
to prove that the gun was in working condition and that the
cartridges which were found from the person of the
appellant were live cartridges. Neither ASI – Balbir Singh
had stated so nor any report from an expert was obtained to
establish that the gun was in working condition and that
five cartridges were live. What was found in the gun were
two empties and not live cartridges and, therefore, it was
not proper to presume that it was in working condition. In
absence of any evidence to that effect, the conviction of
the appellant under both these aforesaid Sections cannot be
upheld. We, therefore, allow this appeal, set aside the
judgment and order passed by the Additional Judge,
Designated Court, Sangrur, in Special Sessions Case No.
55/92 and acquit the appellant. He is ordered to be
released forthwith if his presence is not required in jail
in connection with some other case.