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1997 Supreme(SC) 1167

G.N.RAY, K.T.THOMAS
Chitwant Singh – Appellant
Versus
State Of Punjab – Respondent


ORDER

This appeal is directed against the judgment dated 14-5-1997 passed by the learned Additional Judge, Designated Court, Sangrur in Special Sessions Case No. 13 of 27-2-1992. By the impugned judgment, the appellant has been convicted by the learned Designated Court under Section 25 of the Arms Act, 1959 and Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as "TADA"). The prosecution case in short is that on 18-10-1991, Police inspector Mohinder Singh along with Sub-Inspector Bharpur Singh and other police personnel were present near a bridge of Rajwaha in Village Sanghera in connection with a "nakabandi". According to the prosecution case, the accused was found coming by the side of a kutcha passage which joins the metalled road. After seeing the police party there, the accused became nervous and tried to escape. Therefore, there was suspicion about the accused and he was apprehended by the said police party and by search of his person one AK 47 assault rifle bearing No. 15215345 fitted with a magazine was recovered. On inspection, it was found that such rifle was loaded with 20 cartridges. From the pocket of the accused anoth

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