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1. On 29.11.95, PCR official HC Dayanand (PW-9) apprehended one person near Tis Hazari along with some black powder. He flashed the message which was entered vide DD No. 15. Thereafter, ASI Nawab Singh (PW-1) and Ct Ajay Pal (PW-3) received DD no. 15 pursuant to which they reached at Telephone Exchange in front of Tis Hazari. Meanwhile, PW 7 SI Dharampal also received the information on his wireless who also reached at the spot. PW-1 and PW-3 found that accused kept a sack on a rickshaw. The sack was checked and found containing black colour powder. PW 7 ignited small portion of that S/v Shakeel U/s 9B of Explosives Act PS: Subzi Mandi powder which immediately exploded. The accused was not having any licence to carry the explosive substance, hence, he was booked u/s 9B of the Explosive Act, 1884. The sample of powder was separated for FSL and the remaining recovered explosive substance was deposited in the Mal Khana. After completion of investigation, accused was sent up to face trial.

2. After necessary compliances, charge u/s 9B of the Explosive Act was framed against accused on 24.09.97 to which he pleaded not guilty and claimed trial u/s 9B of Explosive Act.

TRIAL :-

3. To establish the charges, prosecution examined eleven witnesses in total and their depositions are briefly touched upon as under :-

(i) PW-9 HC Dayanand stated that on 29.11.95 he along with other staff was posted at PCR and they were present in front of MTNL office, Tis Hazari. They supported one person speaking to rickshaw puller and on suspicion he was inquired upon about the bag he was carrying. On checking, the bag was found containing black colour powder. The local police was informed which arrived at the spot subsequently.
(ii) PW-1 ASI Nawab Singh, PW 3 Ct Ajay Pal and PW 7 SI Dharampal supported the prosecution case regarding apprehension of the accused along with the black coloured powder contained in a sack. The weight of the recovered substance was about 21.5 KG. The recovered articles were duly sealed with the seal of DPS and the sample was also sealed. The explosive substance was produced in the Court in duly sealed condition and is marked as Ex. P-1. The seizure memo of the recovered articles, pullanda and FSL Form is marked as Ex. PW 1/A. The arrest and S/v Shakeel U/s 9B of Explosives Act PS: Subzi Mandi personal search of accused is Ex. PW 1/C. Rukka is marked as Ex. PW 7/A and site plan as Ex. PW 7/B.
(vi) PW -8 SI Sukhpal deposed that on 10.01.96 he was entrusted with investigation of this case. The sample earlier deposited with FSL was returned back being in excess of requirement. Permission was obtained from this Court for taking out 10 grms of the powder towards the sample and this Court put its own seal of RK on the 10 grms of the sample. The sample so taken was sent to FSL on 29.01.96.
(vii) PW-4 Sh Roop Singh is the Scientific Expert who deposed that on 29.01.96 he received the sample of this case duly sealed with the seal of RK. The sample was subjected to laboratory examination including S/v Shakeel U/s 9B of Explosives Act PS: Subzi Mandi chemical tests and in this regard, the report Ex. PW 4/A was prepared.