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IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice M. Jeyapaul
CRA-S-691-SB of 2014 (O&M)
Gurmukh Singh alias Ganna & Anr.
v.
State of Punjab
{Decided on 03/02/2017}
(B) Unlawful Activities (Prevention) Act, 1967, S.20--Terrorist Act--Acquittal--Defective Investigation--Firstly in charge sheet it was not mentioned to which terrorist organization as referred in the first schedule did accused was associated--It is a fundamental flaw--Secondly what sort of terrorist act as defined under Section 2(K) of the said Act was committed by the terrorist organization, was not at all described in nutshell in the charge sheet--The accused were completely kept in dark as regards the terrorist organization found incorporated in the Schedule--The nature of terrorist acts perpetrated by the terrorist organization was also put to the accused through the relevant charge--Therefore, the charge framed under Section 20 of the Act is vitiated--Accused acquitted. (Para 9)
(C) Unlawful Activities (Prevention) Act, 1967, S.43--Terrorist Act--Material part of investigation was conducted by an Inspector rank officer which was against the mandatory provision that no Police Officer below the rank of Deputy Superintendent of Police or a Police Officer of an equivalent rank shall investigate the offence under Chapter IV of the Act--Accused acquitted. (Para 10)
(D) Unlawful Activities (Prevention) Act, 1967, S.45--Terrorist Act--Sanction for Prosecution--It shall be granted by Government on recommendation of independent agency after review of evidence--But in the instant case, no such Authority was appointed by the State Government to make an independent review of the evidence gathered by the investigating Agency--No report submitted by such an Authority to enable the State Government to accord sanction was produced--Therefore, the sanction accorded by the State Government for prosecution of the offence under Chapter IV is against the spirit of the mandatory provisions under Section 45 of the above Act--Accused acquitted. (Para 12)
Mr. M. Jeyapaul J.: - CRM No. 174 of 2017
The written arguments are permitted to be placed on record. The application stands disposed of accordingly.
CRA-S-691-SB of 2014
1. Appellants Gurmukh Singh and Pal Singh were convicted under Section 25(1A) of the Arms Act and were sentenced each to undergo 7 years rigorous imprisonment and to pay a fine of Rs.5,000/- and in default to undergo a further period of 6 months rigorous imprisonment. Appellants Gurmukh Singh, Pal Singh and Makhan Singh were convicted under Section 20 of the Unlawful Activities (Prevention) Act, 1967 and were sentenced each to undergo 10 years rigorous imprisonment and to pay a fine of Rs.7,000/- and in default to undergo a further period of 9 months rigorous imprisonment. Accused Pal Singh also was convicted under Section 5 of the Explosive Substances Act and was sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.7,000/- and in default to undergo a further period of 9 months rigorous imprisonment.
2. Accused Kulwant Singh, Gurmukh Singh, Pal Singh and Makhan Singh faced the trial. The charges framed against Kulwant Singh abated as he died during the pendency of trial. Accused Gurmukh Singh, Pal Singh and Makhan Singh who were convicted and sentenced, as stated above, have challenged the conviction and sentence passed by the trial Court.
3. It is the case of the prosecution that on 25.7.2010, PW19 Inspector Harvinder Pal Singh attached to State Special Operation Cell, Amritsar, received a secret information that one Narain Singh @ Chaura and one Darshan Singh Dhadi were associated with terrorist organization based in Pakistan and several other countries. They were trying to spread terrorism in Punjab. Another associate of those persons, namely, Pal Singh, a resident of France, in order to spread terrorism in France and other countries and also in order to provoke anti nationalist feelings amongst public indulged in accumulating huge funds. The informer also conveyed to PW19 that Pal Singh, in order to advance the mission of the terrorist organization had already started recruiting young boys in their organization. At the instance of Narain Singh and Pal Singh, a huge consignment of arms and ammunition has been smuggled from Pakistan and the same has been received by Jagtar Singh @ Gurdip Singh, a resident of village Thoba by crossing the border from the Ramdas Sector. Narain Singh, Pal Singh, Kulwant Singh and Gurmukh Singh had received a part of the consignment of arms and ammunition and explosives from Jagtar Singh Thoba and had set out to transport that consignment from Thoba on a Bolero Jeep PB08- BL-4054 to deliver the same to Pal Singh at village Dhadowal. The informer also informed PW19 that if a police picket was installed at the Millenium Gate, Jalandhar Bye Pass, Amritsar, the consignment of arms and ammunition along with explosives could be seized from those persons. Considering the above information to be reliable and trustworthy, PW19 took into confidence Sh. Mandeep Singh, PPS S.P. Amritsar, who directed PW19 to proceed with police party to Jalandhar Bye Pass, Amritsar and installed a police picket. The police party was waiting at that place. On seeing the police party, the driver of the above Bolero Jeep was in the process of reversing the Jeep so as to escape from the picket. PW19, with the help of the police party however managed to apprehend his Jeep. The driver disclosed his name as Kulwant Singh. The other person who was seated next to the driver disclosed his name as Gurmukh Singh. The Bolero Jeep was subjected to a thorough search. From the dickey of the vehicle, a white coloured gunny bag was recovered. It contained two AK 47 assault rifles and five AK 47 magazines. Another plastic wrapper which contained AK 47 cartridges numbering 420 was recovered. The arms and ammunition were taken into police custody. Kulwant Singh and Gurmukh Singh were subjected to a personal search. They were unable to produce any
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