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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Uday Nath Oraon @ Uday Oraon – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT
Gautam Kumar Choudhary, J.—This appeal is directed against the judgment of conviction and sentence of RI for 14 years under Section 3(5) of the POTA, and for the same period under Section 4 of POTA, RI for 7 years under Section 20(2) of POTA and RI for period of 7 years with fine each under Section 25 (1-A) and Section 26(2) of Arms Act and for the period of 3 years under Section 17(2) of the CLA Act in Special Case 21/2003(P).
2. As per the FIR, appellant Sub Zonal Commander of MCC, a banned terrorist organization, had come to his Village Toto along with his armed group on 16.02.2003. Office-in-Charge of Bhandra Police Station received the information and conducted a raid in which the appellant was arrested with a sten-gunin his hand, loaded with 15 live cartridges of 9 mm and it was marked at one place sten-gun STEN MK V 163387 and 5106 was also written. On search, one country made revolver loaded with 3 live cartridges of 0.38 bore, was also recovered from the left side waist of the accused and from his right side waist, one sten-gun magazine loaded with 16 cartridges of 9 mm was recovered. Bullet chain (Bindolia) 40 live cartridges of 9 mm was also seized.
3. The case
(1) Search and seizure – Section 100 of Cr.P.C. applies when a search is to be made of a place and it does not apply to search of person.(2) Arrest with fire-arms and cartridges – Entire evidence is ....
The failure to properly seal and document seized items raises reasonable doubt, leading to the acquittal of the accused.
The significance of sealing the seized article on the spot and maintaining a clear chain of custody to prevent tampering and uphold the integrity of evidence.
Possession of ammunition and explosives by the appellants was established, leading to their conviction under the Arms Act and the Explosive Substances Act.
The prosecution must prove unlawful possession of firearms beyond reasonable doubt, and minor inconsistencies in witness testimonies do not undermine the case if the overall evidence is credible.
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