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| Court acquits accused involved in Explosive Substance Act | | | Et Report
Jammu, Aug 27 : Principal Sessions Judge Jammu Kartar Singh has acquitted two accused namely Pawan Singh and Jaswant Singh who were facing trial in Explosive Substance Act after 14 years investigation and trial.
According to the police case that 21.8.1999, an information was received in the police station from reliable source that the accused Pawan Singh and Jaswant Singh have entered into criminal conspiracy with the enemy agents and they have brought the explosive substance and prohibited arms and ammunition.
On this information, FIR No. 151/99 for the commission of offences falling u/s 4/5 Explosive Substance Act and 7/25 Arms Act was registered. During investigation, one pak made mouser with four live cartridges was recovered from the accused Pawan Singh. On interrogation, the accused divulged that the accused Jaswant Singh is having liaison with enemy agencies and he smuggled arms and ammunition which he has kept in his possession.
He further made a disclosure statement that he had kept one mouser, magazine having two live cartridges in the cattle shed and on his disclosure statement they were recovered and seized.
He further made a disclosure statement that he had concealed four mousers, six magazines with 14 live cartridges on the back side of his house.
On his disclosure statement, the prohibited arms were recovered from behind the residential house of the accused Jaswant Singh and RDX was also recovered.
All the prohibited arms and ammunition and explosive substance were got resealed from the Tehsildar and sent to FSL for examination. After investigation, the final report was submitted in this court.
Principal Sessions Judge Jammu Kartar Singh after hearing Public Prosecutor Shabir Choudhary for the state whereas Adv AK Chib for the accused persons observed that One S.H.Bukhari is the author of the said report but he has not been examined in the court.
On the other hand, the prosecution has examined H.C.Bhagat, who was the Deputy Director FSL Jammu and he has stated that he has only countersigned in the report but he cannot say anything about its authenticity or correctness.
The prosecution thus failed to prove that arms and ammunition seized from the accused were in working condition.
Court acquitted the accused with observation that prosecution has miserably failed to prove its case against the accused beyond any reasonable shadow of doubt. JNF |
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