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1970 Supreme(Gau) 87

C.PATHAK
Lal Singh Kabui – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
M.H.Choudhary, M.S.Rahman, P.C.Kataki

This revision petition is directed against the order of conviction and sentence passed against the accused-peti­tioner under Section 25 (1) (a) of the Arms Act, 1959.

2. The prosecution case is that on 2-9-66 at about 8.30 P. M. the accused was found by the Assistant Sub-Inspector of Police of the Badarpur G. R. P. S. and some Excise constables, sitting on a bench in the third class waiting shed of the Badarpur Railway Station, On suspicion his luggages were searched and nothing was found. Then his person was searched and from the pocket of his trousers five live cartridges fitted to a charger of .303 rifle were re­covered. The accused could not furnish any satisfactory explanation about the posses­sion of the same. The Assistant Sub-Ins­pector of Police submitted an offence report to the Officer-in-charge of Badarpur G. R. P. S. After investigation charge sheet under Section 25 (1) (a) of the Arms Act was submitted against the accused-peti­tioner. Charge under Section 25 (1) (a) of the Arms Act was framed against him to which he pleaded not guilty.

3. The defence case was that the cartridges were not found with him. He alleged that the police personnel demanded a sum of Rs. 500/- fr













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