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PETITIONER: HARNEK SINGH

       Vs.

RESPONDENT: STATE OF PUNJAB

DATE OF JUDGMENT:       12/11/1998

BENCH: G.T.  NANAVATI, S.  RAJENDRA BABU.

ACT:

HEADNOTE:

JUDGMENT: J U D G M E N T Nanavati, J. The appellant has been convicted by  the  Designated Court, Sangrur, under Section 25 of the Arms Act and Section 5  of  of  the TADA Act as he was found in possession of one .22 bore pistol with 25  live  cartidges.    The  Designated Court  relying upon the evidence of Inspector Sant Kumar and ASI -  Darshan  Singh  held  that  when  the  appellant  was apprehended  he  was  found in possession of the said pistol and the cartidges.  As 10 cartidges were found loaded in the pistol, the Designated Court relying upon the decision dated 3.2.98 of this court in Kashmira Singh vs.  State of  Punjab in Criminal  Appeal No.  228/97 and also the evidence of the said two witnesses held  that  the  pistol  was  in  working order.  Therefore, even through the pistol and the cartidges were   not  sent  to  the  armourer  for  test  firing,  the Designated Court thought it fit to convict the appellant for the said offences. We  have  gone  through  the  evidence of both these witness.  Nothing was brought out in  the  cross-examination to  create  any  doubt regarding the identity of the weapon. There was no cross-examination regarding  working  condition of the  pistol.    Considering  the fact that the two Police Officers were competent enough to depose about the condition of the weapon and  the  circumstance  that  the  pistol  was loaded  with  cartidges,  it  can  be  said  with reasonable certainity that it was in working condition. We  are therefore of the opinion that he was rightly convicted for possessing the said arm without  a  permit  of licence.   As  he was found in a possession of a fire arm in the notified area, he was rightly convicted under  the  TADA ACT also. For these reasons, appeal is dismissed.