IMPORTANT POINT
The evidence on record establishes guilt of the appellant under Sections 3 and 4 of the Explosive Substances Act and Sections 3 and 5 of TADA beyond any shadow of doubt.

Headnote:Explosive Substances Act-Sections 3 and 4-TADA-Sections 3 and 5-Conviction of appellant for offences under said Acts by Designated Court-Appeal to Supreme Court-Residence of appellant in his father-in-law s police quarter established-Recovery of considerable quantity of explosives and other materials which could be used for making a bomb proved by reliable evidence-Whether conviction needs any interference? (No)-Appeal dismissed.
       Held : We have given above the gist of the evidence which is available on the record. The fact that quarter No.B-12 in P.S. Mehrauli had been allotted to PW7 Didar Singh is proved by the statement of PW12 Ashok Kumar, Head Constable. Didar Singh has deposed that he had given the said quarter to the appellant and the appellant along with his wife was living there for about a month before the occurrence. It is important to note that Didar Singh is the father-in-law of the appellant and there is absolutely no reason why he would depose falsely to implicate his own son-in-law. It is, therefore, fully established that the appellant was residing in quarter No.B-12, from where the recovery had been made. There is direct testimony of three witnesses, namely, PW9 R.D. Pandey, PW10 Rajinder Prasad and PW11 Pratap Singh that it was the appellant who opened the lock of his residential quarter and thereafter he opened the lock of the box, which was kept in the bedroom and from the said box considerable amount of incriminating articles which could be used for making bombs etc. were recovered. The testimony of these three witnesses is corroborated by the statement of PW2 Naresh, the driver of the vehicle on which they went from Operation Cell, Lodhi Colony to the quarter of the appellant in PS Mehrauli. No doubt he is not a witness of the recovery itself as he remained sitting in the vehicle but he does corroborate the testimony of the aforesaid three witnesses regarding the fact that some police personnel including the aforesaid three witnesses had gone to the quarter of the appellant in the morning of 8.11.1990. The testimony of PW3 Babu Khan, establishes the fact that the recovered articles were deposited as case property at Police Station Mehrauli by PW11 Pratap Singh. The testimony of these witnesses conclusively establishes the charge levelled against the appellant that he was keeping in his possession considerable amount of explosives and other materials which could be used for making a bomb. The defence witness examined by the appellant belongs to a village in District Ferozepur and he has merely deposed about the good character of the appellant. His testimony has no bearing on the factum of recovery made from the possession of the appellant and is thus of no assistance to him. The evidence on record, therefore, establishes the guilt of the appellant beyond any shadow of doubt. (Para 7)
       Held consequently : Having given our careful consideration to the submissions made by the learned counsel for the parties, we are clearly of the opinion that the prosecution has established its case against the appellant beyond any shadow of doubt and there is absolutely no ground which may warrant interference with the impugned judgment and order of the Designated Court. The appeal is accordingly dismissed. (Para 11)

JUDGMENT

G.P. Mathur, J.-Karamjit Singh has preferred this appeal against the judgment and order dated 2-2-1996 of the Designated Judge, New Delhi in Sessions Case No. 140 of 1991, by which he was convicted under Section 3 and 4 of the Explosive Substances Act and was sentenced to 5 years R.I. thereunder and was further convicted under Section 3 and 5 of the Terrorist and Disruptive Activities (Prevention) Act (hereinafter referred to as "the TADA") and was sentenced to 5 years R.I. and 5 years and six months R.I. respectively under the two counts. The sentences awarded to him were ordered to run concurrently.

2. The case of the prosecution, in brief, is that the appellant Karamjit Singh at the relevant time was working as driver in Delhi Police and was residing with his wife in quarter no B-12 in Police Station Mehrauli, which had been allotted to his father-in-law, Didar Singh, who was also a constable. A secret information was received that the appellant was involved in terrorist activities and that he was allowing the terrorists to stay in his residence and had also in his possession some explosive material. It was accordingly decided to conduct a search of his residential premises and in that connection a raiding party was organised by ACP, Shakti Singh of the CSS Branch, Operation Cell, Lodhi Colony, New Delhi. Shakti Singh, ACP along with number of police personnel including R.D. Pandey, Inspector, Pratap Singh, Inspector and Rajinder Prasad, Sub-Inspector proceeded from their office at Lodhi Colony for appellant s quarter in P.S. Mehrauli at 8.30 a.m. on 8.11.1990. The quarter was locked from outside and, therefore, they kept a secret watch. At about 11.30 a.m., the appellant along with his wife arrived there on a scooter. The raiding party disclosed their identity to the appellant, who tried to run away but he was overpowered and was asked to open the door of the house. The appellant then opened the lock and the members of the raiding party entered the same. A steel box was found kept in the north side of the bedroom, which was also locked. The box was opened by the appellant and a number of incriminating articles like explosive material in two separate containers weighing 1.60 kg. and 1.80 kg., four detonators fitted with electric wires, time piece fitted with electrical wires in the shape of a fixed timer, one pocket watch having electrical wires which was also a timer, one ampere meter tester, one pair of magnets, soldering wire, splinters weighing 1.150 kgs., nut and bolts, wrenches and screw drivers, etc. were found stored therein. The recovered articles were sealed on the spot. Thereafter a Rukka was sent to the Police Station, Mehrauli through PW2 Naresh and on the basis thereof PW1 Shashi Bala, who was on duty, registered a case against the appellant being FIR Nos. 298 of 1990 under Sections 3 and 4 of the Explosive Substances Act and Sections 3, 4 and 5 of TADA. The appellant was produced in Court on the next day, where he was taken on police remand. The appellant also give a disclosure statement. After investigation of the case, charge sheet was submitted against the appellant on the basis of which cognizance was taken by the Designated Court. The learned Additional Sessions Judge (Designated Court No.1), New Delhi, framed charges under Sections 4 and 5 of the Explosive Substances Act and Sections 3 and 5 of TADA on 12.5.1993. The prosecution in support of its case examined 14 witnesses and filed some documentary evidence. The appellant in his statement under Section 313 Cr.P.C. denied the prosecution case. He stated that the quarter was not in his possession and he was not residing there nor any incriminating articles were recovered from his possession. He also denied to have made any disclosure statement. He further submitted that he had no association with any terrorist and had a clean service record while working as a driver with Delhi Police. He examined one witness, namely, DW1, Mukhtiar Singh in his

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2003 Supreme(SC) 355

IMPORTANT POINTThe evidence on record establishes guilt of the appellant under Sections 3 and 4 of the Explosive Substances Act and Sections 3 and 5 of TADA beyond any shadow of doubt.

IMPORTANT POINT
The evidence on record establishes guilt of the appellant under Sections 3 and 4 of the Explosive Substances Act and Sections 3 and 5 of TADA beyond any shadow of doubt.