JUDGMENT

Harminder Singh Madaan, J. - Briefly stated, the prosecution story is that on 5.10.2011, a police party headed by SI Palwinder Singh (hereinafter referred to as the Investigating Officer/I.O.) from CIA Staff, Amritsar was present near turning point of Naiyan Wala in connection with search/detection of bad elements, where he received a secret information that Surinder Singh @ Sandy @ Shinda, Ramesh Kumar @ Rinku and Vijay Kumar @ Vijay had formed a gang and they were indulging in theft of vehicles, snatching of handbag and chains and at that time they were roaming around on motorcycles in the area of village Dhupai and if a raid was conducted, they could be apprehended. The police party accordingly proceeded towards that place and laid a picket near railway crossing, Dhupai. During the course of checking of vehicles, three persons were spotted coming from the side of village Dhupai on a motorcycle. The Investigating Officer signalled the driver of said motorcycle to stop it but he instead of doing so, tried to speed it away by turning, but that motorcycle was intercepted and riders were apprehended. On being asked, the person driving the motorcycle disclosed his name as Ramesh Kumar @ Rinku, whereas the person sitting in the middle gave his name as Surinder Singh @ Sandy and the person, who was pillion riding stated that his name was Vijay Kumar @ Vijay. Personal search of all the three such persons were conducted, during the course of which a country-made pistol of 12 bore was recovered from the possession of Surinder Singh @ Sandy. It was unloaded and a live cartridge of 12 bore was recovered. Whereas, personal search of Surinder Singh @ Sandy revealed that he was carrying a live 12 bore cartridge, a phone make Nokia and Rs. 100/- in the pocket of his pant.

2. As a result of personal search of accused Vijay Kumar @ Vijay, a country-made pistol was recovered, which was loaded. Such pistol was unloaded and a live cartridge of 12 bore was recovered there from. Further personal search of accused Vijay Kumar @ Vijay revealed that he was carrying two more live cartridges of 12 bore and a polythene bag. When the polythene bag was checked, it was found to contain intoxicant powder. The Investigating Officer drew two samples weighing 10 gms. each and the remaining contraband when weighed, came out to be 230 gms. A mobile phone which was China made and currency notes of Rs. 80/- were recovered from further personal search of accused Vijay Kumar @ Vijay.

3. As far as accused Ramesh Kumar was concerned, a mobile phone make Nokia was recovered from him.

4. Such articles were taken into police possession. The Investigating Officer sent ruqa to the police station, on the basis of which formal FIR Ex.PW7/B was recorded. He prepared rough site plan of the place of recovery. Accused were arrested in this case. Intimation regarding their arrest was given vide different memos. The weapons and cartridges recovered were converted into different sealed parcels and then taken into possession. A mobile phone of China made and Rs. 50/- recovered from the personal search of accused Vijay Kumar @ Vijay were taken into possession vide separate memo. On reaching the police station, the Investigating Officer produced the case property including the contraband along with accused before Inspector Ashwani Kumar, SHO of Police Station Chheharta, who verified the intactness of the seals on the parcels and put his own seal having inscription AK on those parcels. Specimen of inscription of seal was prepared. The entire case property, sample seals and form M-29 etc. were kept in double lock. Handing over memo was also prepared.

5. On 6.10.2011 during the course of interrogation accused Ramesh Kumar @ Rinku suffered a disclosure statement that he had kept concealed a motorcycle make Pulsar under the heap of old clothes in his residential house regarding