IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CRR No.1838 of 2025 Reserved on:24.09.2025 Pronounced on:09.10.2025 Gurparvesh Singh @ Bhessa .....Petitioner Vs.

State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Argued By:-Mr. Bikramjeet Singh Jatana, Advocate for the petitioner.

Mr. Gorav Kathuria, DAG, Punjab.

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Yashvir Singh Rathor, J.

1. Present revision petition has been filed against the impugned judgment dated 10.09.2019, passed by learned JMIC, Amritsar, whereby the petitioner has been convicted for the offence under Section 25 of the Arms Act and was sentenced to rigorous imprisonment for a period of 03 years, along with fine of Rs.5,000/- and to further undergo imprisonment for a period of 03 months in case of default of payment of fine as well as judgment dated 10.07.2025 passed by learned Additional Sessions Judge, Amritsar in CRA-554/2019, vide which appeal filed by the petitioner against the judgment dated 10.09.2019, passed by learned JMIC, Amritsar has been dismissed.

2. Brief facts of the prosecution case are that on 27.04.2017, ASI Binderjit Singh received a secret information that Gurparvesh Singh (petitioner) was involved in various cases of dacoity, snatching, kidnapping, assault and he also snatches car on highways. As per the information, Gurparvesh Singh (petitioner) was present near Daburji road and in case a raid is conducted, he could be apprehended along with illegal weapons and other articles. Finding the said information to be reliable, ASI Binderjit Singh conducted a raid at the disclosed place and saw one clean shaven person standing on the left side of road at Sua Pul. On seeing the police party, he tried to escape but was apprehended by the police party. On enquiry, he disclosed his name as Gurparvesh Singh and his personal search was conducted and one 9 mm pistol loaded with 5 cartridges was recovered from his possession for which he could not produce any permit or licence. Ruqa was sent to the Police Station and formal FIR was got registered. Rough sketch of the pistol was prepared and the pistol and cartridges were converted into a parcel and sealed with seal `BS’ and taken into possession. Accused was arrested. Statements of witnesses under Section 161 Cr.P.C were recorded. On return to the Police Station, case property was deposited in the Malkhana. Same was again obtained from the Malkhana on 29.05.2017 and the parcel was produced before the Armourer, who opened the parcel and found the pistol to be in working condition and cartridges to be live. Thereafter, he again resealed the pistol and the cartridges and returned the parcel to ASI Binderjit Singh and the same was again deposited in the Malkhana. Sanction to prosecute accused under Arms Act was obtained from District Magistrate, Amritsar and after completion of investigation, final report was present in the Court for trial against the accused.

3. In order to prove its case, prosecution examined PW1 ASI Binderjit Singh, PW2 ASI Sukhwinder Singh, PW3 ASI Parminder Singh and PW4 HC Bikramjit Singh. Thereafter, the evidence of the prosecution was closed by order on 04.10.2018.

4. Statement of the accused under Section 313 Cr.P.C was recorded wherein the entire incriminating material was put to him but the same was denied by him to be wrong. In defence, accused did not choose to lead any evidence and the case was fixed for arguments.

5. After hearing learned counsel for the parties, accused was held guilty and convicted under Section 25 of the Arms Act and sentenced to undergo imprisonment as mentioned in opening paragraph of the judgment.

6. Feeling aggrieved, revisionist preferred an appeal before the Court of Sessions but the same was dismissed vide judgment dated 10.07.2025 passed by learned Additional Sessions Judge, Amritsar. Hence, the revision petition has been instituted. Learned counsel for the revisionist and learned State Counsel have been heard.

7. It is well settled that the revisional Cour