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2022 Supreme(Gau) 1010

ARUN DEV CHOUDHURY
Phamwang Lowang, S/o. Shri Jawang Lowang – Appellant
Versus
State Of AP, represented by the PP of AP. – Respondent


Advocates Appeared:
For the Appellant : Mr. D.K. Deori, Mr. E Melo.
For the Respondents: Ms. L. Hage.

JUDGMENT :

1. Heard Mr. D.K. Deori, learned counsel for the appellant and also heard Mr. G. Tado, learned Additional P.P. for the State respondent.

2. This is an appeal against the judgment and order dated 11.02.2020, passed by the learned Session Judge, Tirap, Changlang and Longding in Sessions Case No. 83/2019, whereby, the present appellant was convicted under Section 25(1A) of the Arms Act, 1959 for possessing one Chinese made MQ-5 Assault Rifle along with 02 magazines and 56 Nos. of live ammunition in violation of the Section 7 of the Arms Act and sentenced him to a rigorous imprisonment for 10 years and a fine of Rs. 10,000/-.

3. The prosecution was lodged on the basis of a F.I.R. filed by one O.R. Sharma, Assam Rifle Personnel, interalia, alleging that based on intelligence input about presence of Armed NSCN (K) in village Borduria, a search operation was carried out on 19.02.2014 and apprehended the accused with one MQ-5 assault rifle (Chinese made), Magazines 2 Nos. and 56 round of ammunition etc. It was further alleged that the said accused is also wanted in connection with some other cases.

4. On the basis of such information, the Officer-in-charge of Khonsa P.S. namely,

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