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1992 DIGILAW 905 (SC)

Rajbir Singh v. State of Haryana

1992-11-03

G.N.RAY, K.JAYACHANDRA REDDY

body1992
ORDER : K. Jayachandra Reddy, J. The appellant is convicted under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and sentenced to five years rigorous imprisonment and to pay a fine of Rs. 200, in default of payment of which to further undergo rigorous imprisonment for three months. 2. According to the prosecution case on January 28, 1991 at about 6.15 p.m. PW 4 the Sub-Inspector along with Head Constable and constables and one Krishan PW 3 an independent witness saw the accused. But on seeing them he turned back but on suspicion he was apprehended and from him a 12 bore gun and two cartridges were recovered. PWs 1 to 3 including the independent witness supported the prosecution case. The prosecution proved that the accused was having a gun without a valid licence. The accused, however, pleaded not guilty. The designated court accepted the prosecution case and convicted the appellant. 3. The learned counsel for the appellant submits that the police did not establish that what was recovered was a weapon answering the description of firearms since it was in two parts at the time of recovery and, therefore, the provisions of Section 5 of the TADA Act are not attracted. This submission is devoid of force. Merely because the gun was in two parts, it cannot be said that it cannot come within the meaning of firearms. As a matter of fact, the expert who was Head Armourer, PW 2 deposed that he tested the firearm and that it was in workable condition. The next submission is that the 12 bore gun which was alleged to have been recovered from the accused does not come within the category mentioned in Clauses II and III of Category I or Category III under the Arms Rules. The submission of the learned counsel is that the categories mentioned thereunder do not include a gun. This, in our view, is a misreading of the description of the weapons mentioned in those relevant columns. Schedule I to the Arms Rules, 1962 gives the description of various kinds of weapons. They are "Prohibited arms, semi-automatic firearms, bolt action or semi-automatic rifles revolvers and pistols, etc." Category I(b) includes "smooth-bore guns having barrel of less than 20'' in length". Thus requirements of the section are satisfied. 4. There is no merit in this appeal. The appeal is dismissed accordingly.