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1998 Supreme(SC) 767

G.T.NANAVATI, S.P.KURDUKAR
State Of Punjab – Appellant
Versus
Jagga Singh – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points regarding the case State of Punjab vs. Jagga Singh:

  • The appeal was directed against the acquittal order passed by the Designated Court, Sangrur, in a Sessions Case involving offences under Section 25 of the Arms Act and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). (!)
  • The respondent was found in unlawful possession of a .12 DBBL Gun and four live cartridges in a notified area, but the Designated Court acquitted him solely because no sanction under Section 39 of the Arms Act was obtained for the prosecution. (!)
  • The Supreme Court held that the absence of sanction for prosecution under the Arms Act does not act as a bar to trying the accused under Section 5 of the TADA Act. (!)
  • Despite the legal error regarding the sanction, the Supreme Court dismissed the appeal on merits, ruling that the respondent deserved acquittal due to insufficient evidence. (!)
  • There was no report from the Forensic Scientific Laboratory, nor was there any evidence to prove that the gun was in a working condition or that the cartridges were live. (!)
  • The entry in the Malkhana register relied upon by the prosecution did not specify that the gun was sent to the Central Forensic Laboratory nor did it contain a description of the cartridges. (!)
  • Consequently, in the absence of evidence showing the gun was functional and the cartridges were live, a conviction under Section 5 of the TADA Act could not be made. (!)

Judgment

Nanavati, J.-This appeal is directed against the judgment and order passed by the Designated Court, Sangrur in Sessions Case No. 55 of 1993.

2. The respondent was tried for the offences punishable under Section 25 of the Arms Act and Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as “the TADA Act”). The charge against him was that he was found in unlawful possession of one .12 DBBL Gun and four live cartridges on 15.5.1992 in village Khillan, which has been declared as a notified area under the TADA Act. The Designated Court held that the evidence of P.W. 1 H.C. Baldev Singh and P.W. 3 Constable Basant Singh was sufficient to establish that the respondent was in unlawful possession of a Gun and four live cartridges. The Designated Court, however, did not scruti­nise the evidence further and thought it fit to acquit the respondent only on the ground that as no sanction under Section 39 of the Arms Act was obtained to initiate prosecution against the accused under Section 25 of the Arms Act and Section 5 of the TADA Act, has, “the effect of enhancing penalty as prescribed under the Arms Act”, the accused cannot be tried fo




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