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1994 DIGILAW 1458 (SC)

Harvinder Kumar v. State of Punjab

1994-12-14

FAIZAN UDDIN, G.N.RAY

body1994
JUDGMENT : Even on second call, the learned counsel for the appellant did not appear. This is an appeal under Section 14 of the Terrorists Affected Areas (Special Courts) Act, 1984 against the conviction of the appellant under Section 25 of the Arms Act by the learned Additional Special Judge, Ludhiana in Criminal Case No. 75 of February 4, 1984. Such Criminal Case was instituted against the appellant on the allegation that on April 25, 1984 he was found waiting in the Railway Station and on suspicion, he was apprehended. On search, the appellant was found in possession of one belt tied around his waist containing 15 live cartridges of 12 bore for which he had no licence. For such possession of live cartridges without any valid licence, the accused was convicted in the said case by the learned Special Judge after accepting the depositions given on behalf of the prosecution to prove the complicity of the appellant in the said case. On such conviction, the learned Judge passed a sentence of rigorous imprisonment for nine months and to pay a fine of Rs. 200/- in default of payment of fine, further rigorous imprisonment for two months. As the learned Judge has passed the said order of conviction and sentence by giving cogent reasons, we do not find any reason to interfere with the same. However, considering the fact that the incident had taken place in early 1984 and the appellant had been released on bail by this Court on August 6, 1985 and also considering the fact that the appellant has already undergone imprisonment for a few months. We reduce the sentence to the period already undergone by him. With such modification of sentence, the appeal is dismissed. Appeal dismissed.