=h475

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

Reserved on : 15.04.2021

Pronounced on: 28.04.2021

CRR No.68/2010

IA No.43/2010

Balbir Singh

...Petitioner(s)

Through:- Mr. P.N.Raina Sr. Advocate with

Mr. J.A Hamal, Advocate

V/s

State of J&K

...Respondent(s)

Through:- Mr. Aseem Sawhney, AAG

Coram: HON’BLE MR. JUSTICE SANJY DHAR, JUDGE

JUDGMENT

1.

The instant revision petition is directed against the judgment

dated 03.09.2010 passed by the learned Principal Sessions Judge, Kathua

(hereinafter referred to as „the Appellate Court‟), whereby the judgment of

conviction and sentence dated 05.04.2007 passed by the Chief Judicial

Magistrate, Kathua (hereinafter referred to as „the Trial Court‟) against the

petitioner herein, has been upheld. Before coming to the instant revision

petition, let me give a brief background of the facts leading to the filing of

this petition.

2.

Police Station, Kathua registered FIR bearing No.29/1994 for

offence under Sections 4/25 Arms Act on the basis of a report submitted by

the police party that was on patrolling duty on the said date. As per the

FIR, on the said date while the police party was on patrolling duty, they

VINOD KUMAR

2021.04.28 12:57

I attest to the accuracy and

integrity of this document

2 CRR No.68/2010

found petitioner herein moving in suspicious circumstances and upon his

personal search he was found to be in possession of a „khokhri‟, a sharp

edged weapon. The weapon in question was seized by the police and the

petitioner was taken into custody. The investigation was set into motion

and after completion of the investigation, challan came to be filed against

the petitioner herein before the Trial Court.

3.

Charge for offence under Sections 4/25 Arms Act was framed

against the petitioner and he was put to trial. After trial of the case and after

hearing the accused and the prosecution, learned Trial Court, on the basis

of the evidence on record, found that the charge for offence under Sections

4/25 Arms Act stands established against the petitioner and he was,

accordingly, in terms of judgment dated 05.04.2007 passed by the learned

Trial Court, convicted for offence under Sections 4/25 Arms Act and

sentenced to undergo simple imprisonment for a period two years and to

pay a fine of Rs.2000/-.

4.

The aforesaid judgment of conviction and sentence came to be

assailed by the petitioner/accused before the Appellate Court. The appeal

filed by the petitioner came to be dismissed by the learned Appellate Court

vide its judgment dated 30.09.2010. It is this judgment, which is under

challenge by way of instant revision petition before this Court.

5.

The petitioner has primarily challenged the judgment of

conviction and sentence passed by the learned Trial Court, as upheld by the

learned Appellate Court, on the ground that the prosecution had not placed

on record the notification issued by the Government in terms of Section 4

of the Arms Act thereby prohibiting possession of and carrying of khokhri

VINOD KUMAR

2021.04.28 12:57

I attest to the accuracy and

integrity of this document

3 CRR No.68/2010

in the area of Kathua, where the offence is alleged to have been committed.

It has been contended that without issuance of notification, in terms of

Section 4 of the Arms Act and placing a copy thereof on record of the

challan, it was not open to the learned Trial Court or to the Appellate Court

to conclude that the petitioner had committed offence under Sections 4/25

A