Mr. Naresh Kumar Sanghi, J.:- Challenge in this appeal is to the judgment of conviction and the order of sentence, dated 21.9.2002, passed by learned Additional Sessions Judge, Faridkot, whereby the appellant, Bhuptej Pal Singh, was held guilty for the offence punishable under Section 25 of the Arms Act and ordered to undergo rigorous imprisonment for one year besides payment of fine of Rs. 500/-; and in default to undergo further rigorous imprisonment for one month.

2. The facts in brief are that on 05.03.2000 a police party headed by Inspector Gurbaksh Lal (PW-2) was present in Rajindra Estate, ‘D’ Block, Moga, in connection with investigation of a case, titled as “State v. Dhanwant Singh and others”, for the offences punishable under Sections 399 and 402, IPC. The appellant, Bhuptej Pal Singh, was arrested and on his personal search, one country-made revolver of .38 bore (Ex. P1), in working condition, was recovered from the dub of his pant. When the revolver was unloaded, four live rounds of the same bore were recovered. The appellant could not produce any permit or licence for retaining the revolver (Ex.-P1) and the rounds (Exs. P2 to P5). Rough sketch of the revolver (Ex. PA/1) was prepared and the same was attested by Constable Harjinder Singh (PW4) and Constable Harmail Singh (not examined). The revolver and the rounds were taken into possession vide recovery memo (Ex. PB). Police Memo (Ex. PC) was sent to the Police Station for registration of the case, on the basis of which formal FIR (Ex. PC/1) was recorded by SI Jaswant Singh (not examined). Rough site plan (Ex. PD) was prepared and after disclosing the ground, the appellant was arrested. On his personal search, a sum of Rs.120/- was recovered, which was taken into police possession vide separate recovery memo. Statements of the witnesses in terms of the Section 161, Cr.P.C., were recorded.

3. The revolver and the cartridges were sent to Armourer Kewal Krishan (PW3) for test and he submitted his report (Ex. PG). The sanction (Ex. PA) for the prosecution of the accused was obtained from learned District Magistrate and after completion of the investigation, report under Section 173, Cr.P.C., was presented before the learned Area Judicial Magistrate. Since the recovery of the revolver and the cartridges was in continuation of the preparation for committing decoity, therefore, the case in hand was also committed to the Court of Session for trial, as the case for commission of the offences punishable under Sections 399 and 402, IPC, was already pending before the Court of Session.

4. The appellant was charged for the offence punishable under Section 25 of the Arms Act. He pleaded not guilty and claimed trial.

5. In order to substantiate its allegations, the prosecution produced the following witnesses:-

6. PW1 Harchan Sharma, Nazir in the Office of the District Magistrate, Moga, who proved the sanction (Ex. PA) granted for prosecution of the appellant for the offence punishable under Section 25 of the Arms Act.

7. PW2 Inspector Gurbaksh Lal of Police Station, City, Moga-I, deposed that on 5.3.2000, he was posted as a Station House Officer. Under the supervision of Deputy Superintendent of Police, Paramjit Singh, he and other police officials were present in Rajindra Estate, ‘D’ Block, Moga, City Moga, in connection with the investigation of a case under Sections 399 and 402, IPC. The appellant was apprehended and on his personal search, one country-made revolver of .38 bore in a working condition was recovered from the dub of his pant. The revolver was un-loaded and four live rounds were recovered. The accused could not produce any permit or licence for the possession of the revolver or the rounds, therefore, he was arrested in this case also. He also deposed regarding the remaining investigation conducted by him. In his crossexamination, he admitted that the revolver was not sealed on the spot.

8. PW3 Kewal Krishan, Armourer, deposed that on 6.2.2000, HC Tara