IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.549 of 2011

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1. Md. Shahabuddin S/O Sheikh Md. Hasibullah R/O Village - Pratappur, Police

Station - Hussainganj, District - Siwan

.... .... Appellant/s

Versus

1. The State Of Bihar

.... .... Respondent/s

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Appearance :

For the Appellant/s : Mr. Y.V. Giri, Sr. Adv.

Ms. Fauzia Shakil

Mr. Humayun Ahmad Khan

For the Respondent/s : Mr. Abhimnayu Sharma, APP

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA

C.A.V. JUDGMENT

Date: 18-07-2017

This appeal is directed against the judgment and order

dated 17.03.2011, passed by Shri Roop Narain Tripathi, learned

Special Sessions Judge, Siwan, in Sessions Trial No. 286 of 2009,

by which he has convicted the appellant under Sections 25(1-B)(a)

and 26(1)/35 of Arms Act and further sentenced him to undergo

R.I. for three years and to pay a fine of Rs. 2,000/- under Section

25(1-B)(a) of Arms Act and in default of payment of fine, R.I. for

two months. Appellant has further been sentenced to undergo R.I.

for five years with a fine of Rs. 2,000/- under Section 26(1)/35 of

the Arms Act and in default of payment of fine R.I. for two months.

Both the sentences were directed to run concurrently. However,

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learned Trial Court has acquitted the appellant from charges under

Sections 414 of Indian Penal Code, Section 20 and 21 of the Indian

Telegraph Act and Section 26(3) of the Arms Act.

2.

The present case has been lodged on the self statement dated

24.04.2005 of S.I., Ranvijay Singh (P.W. 2) that on receiving

information from Janta Darbar of the District Magistrate, Siwan,

and in the light of decision taken for District Administration, he

along with A.S.I., Ayodhya Prasad and Arbind Kumar Khan, S.I.

Ved Prakash Mahto of Siwan Town police station, S.I. Birendra

Kumar, Dy. S.P. (Headquarter), Siwan, Exexcutive Magistrate,

District Transport Officer and other officers and jawans of STF

proceeded to raid the guest house of the appellant in village –

Pratappur and when he reached there, he saw the officers of forest

department, in presence of Executive Magistrate, Shri B.K. Jha,

were getting the locks of guest house opened. It is also the case of

prosecution that during search in presence of witnesses, a bullet

proof jacket, four telescopic rifles sight devices, one night vision

device, two walky talky, rifle cleaner, forty six cartridges of

different bores were recovered from a room situated on the first

floor of the guest house. Apart from arms and ammunitions,

foreign currency notes of different denominations were also

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recovered. Thereafter, a seizure list was prepared in presence of the

witnesses and a copy of the same has been handed over to the

father of the appellant. Further prosecution case is that father of the

appellant disclosed that the seized arms and arms accessories,

ammunitions belong to his son but no valid paper regarding the

aforesaid articles were produced.

3.

On the basis of the self statement, Hussainganj P.S.Case No.

42 of 2005 was registered, under Section 414 Indian Penal Code

and 25 (1-b)(a), 26 of the Arms Act as well as under Section 13(1)

FEMA, 1999 and Section 20 and 21 of the Indian Telegraph Act,

1985.

4.

It further appears from the perusal of the record that on a

petition filed on behalf of the Assistant Director, Directorate

Enforcement, FEMA, Kolkata learned Chief Judicial Magistrate,

Siwan directed the investigating officer of this case to hand over the

seized foreign currencies to the Assistant Director, Enforcement

Directorate and the