Dalveer Bhandari, J.

( 1 ) THIS appeal is directed against the judgment of learned Additional Sessions Judge, Delhi dated 27. 2. 1978 by which the accused appellant was convicted and sentenced to rigorous imprisonment for 2 years for the offence under Section 402, Indian Penal Code and to 1 year under Section 25 of the Arms Act. It may be pertinent to mention that the appeal was admitted on 11. 4. 1978 and at that time, Shri Bawa Gurcharan Singh, Advocate, appeared for the appellant. He unfortunately expired. This appeal has been on Board for quite some time and no one has appeared for the appellant. Therefore, for Court appointed Shri Naveen Thakur, Advocate, as Amicus Curiae in this case.

( 2 ) BRIEF facts which are necessary to dispose of this appeal are recapitulated as under.

( 3 ) THE appellant, Des Raj, alongwith Rambir @ Ranga, Jagdish @ Jaga, and Sat Pal @ Satti were allegedly found in possession of prohibited arms at Khatta, low lying area at Motia Khan. Secret information was received by the Inspector Gian Chand, then S. H. O. of Police Station Paharganj that the aforesaid accused would be collecting there Gian Chand alongwith the police party raided the spot at 8. 30 p.

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