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CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 341 of 1990.

From the Judgment and order dated 4/5.6.90 of the Additional Judge, Designated Court, Rohtak at Sonepat in Sessions Case No. 42/88, Sessions Trial No. 18/90 & F.I.R. No. 96 dated 7.4.88, Police Station, Rai.

K.L. Rathee, Raghu Raman and S. Balakrishnan for the Appellant.

Ms. Indu Malhotra for the Respondent.

The Judgment of the Court was delivered by BHARUCHA, J. This is an appeal against the judgment and order of the Additional Judge, Rohtak, being the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short T.A.D.A Act, 1987) whereby the appellant was convicted of an offence punishable under Section 5 thereof and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200 or, in default, to undergo rigorous imprisonment for a further period of three months.

The appellant was apprehended by Sub-Inspector Rohtas Singh and Head Constable Ram Krishan near the Hilton factory on G.T. Road in the State of Haryana on 7th April, 1988 on suspicion. In the envelope of wax paper that the appellant was carrying was found a.12 bore country-made pistol for which he had no licence or permit. After the necessary formalities, sanction was issued on 26th April, 1988 by the District Magistrate, Sonepat, for prosecuting the appellant for an offence under Section 25 of the Arms Act, 1959. On 7th December. 1989, the Judicial Magistrate, First Class, Sonepat, before whom the appellant was being prosecuted for the said offence, passed the following order:

"Present A.P.P for the State.

Accused on bail.

At this stage it has come to my notice that this case should have been tried by the learned Designated Court under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987.

Consequently this case is sent to learned Designated Court (Shri B.R. Gupta learned Addl. Sessions Judge), Sonepat. Accused is directed to appear in that court at 12.00 noon to day itself. File completed in all respects be sent immediately.

Sd/-J.M.I.C. Sonepat Announced 7.12.89."

The appellant was then tried by the said Additional Judge under Sections 5 of the T.A.D.A. Act, 1987. The judgment under appeal noted that the appellant was charged on 18th December 1989 by the said Additional Judge for the offence punishable under Section 5 of the T.A.D.A. Act, 1987, to which the appellant pleaded not guilty. Upon the evidence led, the said Additional judge found that the prosecution had brought home the offence to the appellant beyond reasonable doubt. Accordingly, the appellant was convicted and sentenced as aforesaid.