Delhi District Court
State vs . Nand Lal on 7 January, 2010
1
IN THE COURT OF ANKUR JAIN
METROPOLITAN MAGISTRATE/(N.E.),
KARKARDOOMA COURT, DELHI
FIR NO.262/2001
State Vs. Nand Lal
U/s 25 Arms Act
PS. Welcome
1. Sl. no. of the case 592/07
2. Date of commission of offence 09/09/2001
3. Date of Institution 10.12.2002
4. Name of the Complainant HC Tejpal Singh No.176/
NE, Special Staff, NE, Delhi
5. Name of accused Nand Lal S/o Jagdev Shah
R/o Village Sabhapur Near
Nirmal Vihar, Delhi.
6. Offence Complained or proved U/s 25 Arms Act
7. Plea of the accused Pleaded not guilty
8. Arguments heard /Order reserved on 17/12/2009
9. Date of such order 07/01/2010
10.Final Order Acquitted
J U D G M E N T
1. Brief facts as alleged by the prosecution in the present case are that on 09.09.2001 at about 3.30 P.M. at Petrol Pump, G.T. Road, Delhi, accused was found in possession of a buttondar knife without any licence or permit in contravention of the notification of Delhi 2 Administration and thus an FIR bearing No.262/2001 U/s 25 of Arms Act was registered. After investigation, charge sheet was submitted U/s 25 Arms Act in the court for trial.
2. Accused put his appearance. Copies of challan were supplied to him. After hearing, charge U/s 25 Arms Act was framed against the accused on 04.10.2004 by my Ld. predecessor to which he pleaded not guilty and claimed trial.
3. To bring home the charge, prosecution has examined as many as five witnesses. P.W.1 Constable Amar Pal has stated that on 09.09.2001 he was posted as Constable in Special Staff, North East. On that day, he was present in the office. ASI Narender shared the secret information with them that secret informer had informed him on phone that some miscreant elements will go towards ISBT from Shahdara in a TSR no. DL1RC7098 for committing some offence. At this, the IO organized the raiding party comprising of HC Tej Pal, Constable Davender, Constable Boota Singh, Constable Sandeep and Constable Satbir and shared the secret information with few public persons and requested them to become witness to raid but none agreed and left without telling their names and addresses. Thereafter, they reached at G.T. Road in front of Kundan Patrol Pump at about 3.15 p.m. and did nakabandhi there. At about 3.30 p.m. the said TSR came there which was got stopped by the IO. Accused Nand Lal present in court was driving the TSR and two accused persons were sitting on the rear seat. The accused persons tried to run away from the spot. Accused Amit handed over his knife to accused Nand Lal. HC Tej Pal, Constable 3 Satbir and Constable Amar Pal apprehended accused Nand Lal and SI Narender apprehended accused Jeet. On search, one knife was recovered from accused Nand Lal and one knife was recovered from Jeet. Investigation regarding recovery from accused Jeet was separately conducted. In the present case, HC Tej Pal prepared the sketch of the knife which is Ex.P.W.1/A bearing his signatures at point A. The I.O. prepared the pullanda of the knife and sealed the same with the seal of TP. Seal after use was handed over to him (P.W.1). The IO took into possession the pullanda and TSR vide memos Ex.P.W.1/B and Ex.P.W.1/C respectively which bears his signatures at point A. The I.O. prepared rukka Mark X and handed over the same to P.W.1 Constable Amar Pal for registration of the case. After registration of the case, further investigation was assigned to SI K.P. Shah who accompanied him at the spot. He (P.W.1) handed over the rukka and copy of FIR to him. The IO arrested the accused Nand Lal and Amit vide memos Ex.P.W.1/D1 and Ex.P.W.1/D2 respectively and conducted their personal search vide memos Ex.P.W.1/E1 and Ex.P.W.1/E2, which bear his signatures at point A. There was no crossexamination.
4. P.W.2 ASI Tej Pal Singh has stated that on 09.09.2001 he was posted at Special Staff. On that day he along with SI Narendra, Constable Amar Pal, Constable Pradeep, Constable Satyabir, Constable Boota Singh, Constabel Sandip, Constable Devinder were present at G.T. Road, in front of Petrol Pump, Welcome, Delhi at about 3.15 p.m. SI Narender was having an information that some criminal will come in a 4 TSR bearing No.DL1RC7098 with arms from Shahdara side and will go to ISBT, Kashmere Gate who are involved in a robbery happened in Pratap Nagar on 06.09.01. IO SI Narender Singh prepared a raiding party and nakabandhi was held and they started checking of vehicles coming from Shahdara side. At about 3.30 p.m., one TSR bearing No. DL1RC7098 came from Kanti Nagar chowk side. It was stopped at the instance of secret informer. One person was found driving the TSR and other persons were found sitting in the same. On seeing the police party, they had tried to run away. One of those, namely, Amit @ Sonu took out one knife and handed over the same to driver, namely, Nand Lal. He (P.W.2) along with Constable Amar Pal apprehended both the aforesaid persons. Third accused, namely, Jeet Singh was apprehended by SI Narender. The knife was taken from accused Nand Lal. One knife was also recovered from accused Jeet Singh. The proceedings of accused Jeet Singh were conducted separately by SI Narender. P.W.2 prepared sketch which is Ex.P.W.1/A of the knife. The same was measured and found 22.4 cm in length. Its handle was of 12.4 cm and blade was of 10 cm. He wrapped the knife in pullanda and sealed with the seal of TP. Seal after use was handed over to Constable Amar Pal. Sealed parcel was taken into possession vide memo Ex.PW1/B. He prepared the rukka Ex.PW2/A and Constable Amar Pal was sent to Police Station with rukka for registration of the case who came back to the spot with a copy of the FIR and the same along with original rukka were handed over to him. SI K.P. Shah had also come at the spot to whom further 5 investigation was handed over. P.W.2 handed over the copy of FIR, original rukka, sketch, seizure memo, sealed parcel and accused to SI K.P. Shah who conducted further investigation of this case. SI K.P. Shah prepared site plan, Mark X at my instance. In his cross examination, he has stated that they saw accused Nand Lal taking the knife from Amit @ Sonu. Amit was also apprehended at the spot. I do not know as to what action was taken by SI Narender against Amit @ Sonu. Just at the time of handing over the knife, we saw the accused Amit but immediately handed over the knife to accused Nand Lal. P.W.3 HC Satvir has also deposed on the same lines. P.W.4 HC Jaibeer is Duty Officer. He stated that on 09.09.2001 at about 5.50 p.m. he received a rukka from HC Tej Pal through Constable Amar Pal on the basis of which he recorded FIR Ex.P.W.3/A. He made an endorsement Ex.P.W.3/B on the rukka and handed over the same to Constable Amar Pal along with a copy of the FIR. Further investigation of this case was handed over to SI K.P. Singh.
5. P.W.5 SI K.P. Shah is the I.O. of this case and he has stated that on 09.09.2001 he was posted at Special Staff/N.E. On that day he received DD No.13 at 5.50 p.m. from Duty Officer upon which he reached at Kundan Lal Petrol Pump at 6 p.m. near Shayam Lal College where HC Tej Pal, Constable Sandeep and Constable Satbir met him and produced the accused present in court and one Amit along with one sealed pullanda sealed with the seal of TP, TSR No.DL1RC7098 and documents of the case. He prepared site plan Ex.PW5/A at the instance of HC Tej Pal. At 6.40 p.m., Constable 6 Amar Pal came back to the spot with Tehrrir and copy of FIR and handed over the same to him. TSR was taken into possession vide recovery memo Ex.P.W.1/C. The accused were arrested. Personal search and arrest memos Ex.PW1/D1, Ex.P.W.1/D2 and Ex.P.W.1/E 1 and Ex.P.W.1/E2 were prepared. He recorded statements U/s 161 Cr.P.C. and deposited the case property in the malkhana of P.S. Welcome on the same day. Accused were sent to lock up. Accused Amit was discharged when he was produced in the court. He was transferred thereafter. Constable Amar Pal had expired. Thereafter, prosecution evidence was closed.
6. Statement of the accused was recorded U/s 313 Cr.P.C. Accused denied all the incriminating evidence put to him and stated that he has been falsely implicated in this case.
7. I have heard learned counsel for the accused and learned APP for the State and have gone through the record. Learned counsel for the accused has argued that there are only police officials. He has further stated that the accused Amit who has handed over his knife to the accused Nand Lal was apprehended by the police officials but was not arrested in this case. Accused Nand Lal is only a TSR Driver.
8. As per testimony of P.W.1, it is clear that accused Amit had handed over a knife to accused Nand Lal and accused Amit has not been ever arrested by the police in the present case. Separate proceedings have been initiated against another accused Jeet Singh from whose possession a knife was recovered.
9. In the crossexamination of P.W.2, it is clear that accused Amit was 7 apprehended and was discharged vide order dated 10.09.2007 on J/C application. The accused was apprehended at 3.30 p.m. and almost all the members of the police party were present at the spot. The rukka was sent at 5.30 p.m. The time of registration of the FIR 5.55 p.m. It is not clear what was the police party doing for almost two hours. The sketch Ex.P.W.1/A which is the sketch of the knife also bears FIR No. However, as per the testimonies of P.Ws., the sketch was prepared first and thereafter, the rukka was sent. Therefore, there is no possibility that the F.I.R. number could have been mentioned on the sketch Ex.PW1/A. It appears that the document was prepared later on. No public witness was joined in the investigation. This also casts a shadow of doubt. SI Narender has not been examined or cited as a witness. Under the circumstances, I have no hesitation to hold that prosecution has failed to prove its case against the accused beyond shadow of reasonable doubt and accordingly accused is acquitted of the offence charged. Case property be confiscated to the State after expiry of the period of appeal, if any. File be consigned to Record Room.
Announced in the open Court on 07th January, 2010 (ANKUR JAIN) METROPOLITAN MAGISTRATE/(N.E.) KARKARDOOMA COURT, DELHI