1994 (11) TMI 427

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ew Delhi to answer charges under Sections 5 of the Terrorist and Disruptive Activities (Prevention) Act. 1987 ('TADA' for short) and 25 of the Arms Act, 1959. On conclusion of trial the learned Court recorded and order of conviction against the appellant in respect of both the charges. For the conviction under section 5 of TADA the appellant was sentenced to suffer rigorous imprisonment fo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nst the appellant at Dabri Police Station and S.I. Sube Singh took up investigation of the case. In course of investigation he forwarded the seized arms and ammunitions to the Central Forensic Science Laboratory (CFSL) for examination. On completion of investigation and receipt of sanction from the deputy Commissioner of Police, New Delhi to prosecute the appellant under section 25 of the Arms Act....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... prepared and signed by them. They next spoke about the packaging and sealing of those arms and ammunitions. 5. Const. Bhim Singh (PW 4) testified that on May 3, 1991 he had taken the sealed parcels form the Malkhana of Dabri Police Station to CFSL and delivered them in fact. The report of CFSL (Ext. A) shows that all the pistols were in working order and the cartridges were live. Const. Bhim S....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....el appearing for the appellant first contended that non-examination of S.I. Sube Singh who investigated into the case, raised a great suspicion about the truth and bona fides of the prosecution story. We do not find any substance in the contention. It appears that in spite of best efforts the prosecution could not produce him and therefore- no adverse presumption can be drawn against the prosecuti....