2009 (5) TMI 556

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....P.S. Ghuman, Advocate, for the Respondent. [Order (Oral)]. - This petition is directed against an order dated 16-3-2002 passed by Additional Sessions Judge, Amritsar dismissing the appeal of the petitioner accused (herein referred as the petitioner) against the judgment dated 26-8-1997 passed by Chief Judicial Magistrate, Amritsar. However, the Appellate Court had reduced the sentence from ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....olver without marking were recovered from the said tin of Ghee carried by the petitioner No documentary evidence could be shown by her regarding the possession of the aforesaid arms. The Customs Officer seized the aforesaid arms under Section 110 of the Customs Act. In her statement dated 24-4-1990 the petitioner admitted about the recovery of weapons from her baggage and further deposed that the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eparate case under Section 25 of the Arms Act was registered against her. 5. It would be worthwhile to mention that she has been acquitted in the Arms act case. However she was convicted and sentenced under Section 135 of the Customs Act (i.e. present case). 6. The appeal preferred by her was also dismissed. The only argument advance by counsel for the petitioner is that in case ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ealing of the revolver there was delay of two months in sending weapons for testing to the laboratory and third infirmity was found that the Sub-Inspector instead of sealing the weapon at the time of recovery had handed over the same to another person who was not examined by the prosecution. The fourth infirmity found was that the weapon was not sent to the armour. 7. In these circumstanc....