G.T.NANAVATI, S.P.KURDUKAR
State Of Punjab – Appellant
Versus
Jagga Singh – Respondent
Based on the provided legal document, here are the key points regarding the case State of Punjab vs. Jagga Singh:
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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