Singh Vs. State of Punjab  INSC 862 (26 November 1997)
NANAVATI, B.N. KIRPAL
26TH DAY OF NOVEMBER, 1997 Present:
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
following Judgement of the Court was delivered:
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.
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.
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.
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.
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.
appeal is, therefore, dismissed.