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1973 Supreme(SC) 159

I.D.DUA, K.K.MATHEW
Mahendra Singh – Appellant
Versus
State Of W. B. – Respondent


Advocates:
G.S.CHATTERJEE, I.M.SHROFF, P.K.CHATTERJI

Judgment

DUA, J.:- is appeal by special leave is directed against the order of summary dismissal of the appellants appeal by the High Court of Calcutta from the judgment and order of a learned Additional Sessions Judge, Asansol dated June 18. 1969 convicting the appellant for offences under Sections 25 (1) (a) and 27 of the Arms Act, 1959.

2. According to the prosecution case, on receipt of secret information, Inspector Kali Prasanna Chaudhury of Detective Department, along with Circle Inspector, S. L. Routh S. I. K. D. Chakravarty, Officer-incharge of Hirapur police station and S. L K D. Chatterjee, Town Sub-Inspector of Asansol and some constables searched the appellant s house on May 14, 1968 between 6.40 a.m. and 9 a.m. in the presence of some other witnesses. In the Central Room of the house there was an almirah of which the key was produced by the appellant and handed over to Inspector Kali Prasanna Chaudhury (P.W. 1). The almirah was opened with the said key wherein was found a bag containing seven 12 bore live cartridges, seven .410 bore live cartridges, nine rifle ammunition and one .12 bore fired cartridge case. There was also found a gun folded into two parts under a bundl











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