2025:CGHC:61431 Digitally signed by AVANISH KUMAR PATHAK NAFR Date:

2025.12.17

16:29:24 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 104 of 2022 Bhuvanlal Baghel S/o Shri Lakhanlal Baghel Aged About 27 Years R/o Village Tumdikasa, Police Station- Manpur, District- Rajnandgaon, Chhattisgarh. At Present Banglapara Narayanpur Police Station And District- Narayanpur CG.

... Appellant versus State Of Chhattisgarh Through Police Station- Benur, District Narayanpur CG.

... Respondent For appellant : Mr. Tanmay Thomas, Adv.

For Respondent : Ms. Prabha Sharma, Panel Lawyer (Hon’ble Mr. Justice Naresh Kumar Chandravanshi)

Judgment on Board

11-12-2025

1. The present appeal has been preferred by the appellants/accused under Section 374 (2) of the Criminal Procedure Code, 1973 against the impugned judgment of conviction and order of sentence dated 21- 12-2021 passed by learned Special Judge, NIA Act/Scheduled Offence, Distt. Kondagaon in Special Case (NIA) No. 75/2021, whereby the appellant has been convicted for the offence under Section 25(1-b)(a) of the Arms Act for violation of Section 3 of the Arms Act and sentenced him to undergo RI for 2 years and to pay fine of Rs. 5,000/-, and in default of payment of fine, to undergo additional RI for 3 months.

2. Case of the prosecution, in brief, is that, during search of vehicles on

9-8-2020 at about 10 pm in front of Police Station Benoor, Distt.

Narayanpur (CG), one Scorpio vehicle bearing registration No. CG-05/AH-3103 was stopped by the police, in which, the appellant/accused and one co-accused Ghasiram Salam were sitting. On being searched the vehicle, they were found in illegal possession of 55 electronic detonators, 5 non-electronic detonators, one country- made gun (Desi Katta 315 bore), Cordex Wire 10 mtr, 3 batteries, 06 bolts, 1 naxal uniform, 1 naxal literature, 20 pencil cell, soap etc. which were seized from joint possession of both the accused persons. Papers of the Scorpio vehicle were also seized from its owner Shailesh Singh vide seizure memo Ex. P-1. Memorandum statements of accused were recorded. Two mobile phones and Rs. 1,300/- were seized vide Ex. P-7. One mobile phone was seized from co-accused Ghasiram Salam vide seizure memo Ex. P-6. One Splendor motorcycle was seized from the appellant. Dehati Nalshi (Ex. P-9) for offence under Sections 4 and 5 of the Explosive Substances Act, 1908 (for short, ‘Act of 1908’), Section 25 of the Arms Act, Sections 10, 13(1)(2), 16(b) and 23(1) of the Unlawful Activities (Prevention) Act, 1967 (henceforth referred to as ‘UAPA Act’) was registered, subsequently numbered FIR (Ex. P-10) for aforesaid offence was registered against the accused persons in PS Benoor, Distt. Narayanpur. Sanction order to file charge sheet was obtained from competent authority vide Ex.

P-2. The accused persons were arrested.

3. After completion of investigation, charge sheet under Sections 4, 5 of the Act of 1908, Section 25 of the Arms Act, Section 10, 13(1)(2), 16(b), 23 of the UAPA was filed against the appellant and co-accused Ghasiram Salam before the Special Judge.

4. Learned Special Judge framed charges against the accused under Section 25(1-b)(a) of the Arms Act, Section 4 of the Act of 1908, Section 16(1)(b), 23(1), 13(2) and 38(2) of the UAPA, who abjured the guilt and entered into trial.

5. In order to establish the charge against the accused, the prosecution has examined 11 witness and exhibited 17 documents. Statements of the accused persons were also recorded under section 313 of Cr.P.C., in which, they denied all the incriminating circumstances appearing against them claiming themselves to be innocent and false implication.

They have not examined any witness in their defence.

6. After appreciation of the evidence adduced by the prosecution, learned Special Court acquitted the accused persons of the offence under Section 4 of the Act of 1908, Section 16(1)(b), 23(1), 13(2), 38(2) of the UAPA, but convicted them under Section 25(1-b) of the Arms Act and se