Case Note & Summary
The case involved Kaka Singh, who was apprehended by Inspector Sohan Singh during a patrol on 14.5.92 near village Barnala. The inspector noticed Singh attempting to hide something in his arms, which led to a search revealing a single barrel rifle. Singh did not possess a license for the firearm or the live cartridges, resulting in charges under Section 5 of the TADA Act and Section 25 of the Arms Act. The prosecution presented Inspector Sohan Singh as a witness, whose testimony was deemed credible by the Designated Court, leading to Singh's conviction. The Supreme Court reviewed the evidence and found no reason to disbelieve the police officer's account, confirming that the rifle recovered was indeed the one presented in court. The court dismissed the appeal, affirming the conviction based on the established illegal possession of the firearm in a notified area.
Headnote
A) Criminal Law - Possession of Firearm - Conviction for Illegal Possession - Arms Act, 1959, Section 25 - Appellant was found in possession of a single barrel rifle without a license, leading to prosecution under the Arms Act and TADA Act. The court upheld the conviction based on credible evidence from the police officer who conducted the search and recovery. Held that the evidence was sufficient to confirm the appellant's illegal possession (Paras Not mentioned).
Issue of Consideration
Whether the conviction under Section 5 of the TADA Act and Section 25 of the Arms Act was justified.
Final Decision
The Supreme Court dismissed the appeal, upholding the conviction of the appellant under Section 5 of the TADA Act and Section 25 of the Arms Act for illegal possession of a firearm without a license.
Law Points
- Possession of firearm without license
- Prosecution under TADA Act
- Evidence evaluation
