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| SC directs to produce accused before Bhaderwah Court for trail under Arms Act | | |
Jammu, October, 12-- Principal Sessions Judge Jammu Mr. Subhash Chander Gupta after considering the facts of the case against accused Nissar Ahmed alias Abu Maria s/o Ghulam Mohd Khan r/o upper Dandi Tehsil Bhaderwah, who is facing charges u/s 3 Enemy Agent Ordinance and 7/25 Arms Act has directed that the case be sent back for trial to the Court of Principal Sessions Judge Bhaderwah as the case against accused u/s 3 of E A O is not made out and he is discharged from the commission of offence.
In his order the Judge after hearing Public Prosecutor Mr. EA Tak appearing for the state and Advocate Prince Khanna appearing for the accused, while accused was also present in custody, observed that that there is no material in the file to frame charges against the accused u/s 3 Enemy Agent Ordinance. The incriminating material available on the file against the accused is for the commission of offence u/s 7/25 Arms Act. Public Prosecutor did not rebut the arguments advanced by the Advocate of the accused and conceded that offence u/s 7/25 Arms Act alone is made out against the accused.
According to the police story that on June 24, 2006 a police party conducted search and arrested the accused from the house of Majid Bashir s/o Bashir Ahmed r/o Darijay and one rifle AK 56, two magazine along with 40 live cartridges, one Chinese grenade and one wireless set were seized besides recovering Rs 6625/ from the possession of the accused. A case u/s 3 Enemy Agent Ordinance and 7/25 Arms Act was registered against the accused and challan presented in the competent Court.
While sending back the case to Bhaderwah Court, Principal Sessions Judge Jammu Mr. Subhash Chander Gupta further observed that it is abundantly clear that the person to be charged with the commission of offence u/s 3 EAO should be the Agent employed by or working for or acting upon the instructions received from the enemy. But the evidence of prosecution witnesses, who all are police personals except Majid Bashir owner of the house are entirely with regard to the seizure of the arms and ammunition. There is absolutely no evidence on the file to show or infer with regard to the employment of accused or acting on the instructions received from the enemy. There is also no evidence, which has seen the accused crossing to POK/Pakistan or coming back from Pakistan to India. Whatever evidence available on the file is quite insufficient to frame the charge against the accused for commission of offence U/S 3 of Enemy Agent Ordinance as such accused is discharged for the commission of offence u/s 3 EAO, so far other offence is concerned, the occurrence has taken place within the jurisdiction of P/S Bhaderwah, which is within the jurisdiction of Principal Sessions Judge Bhaderwah. As such the file is sent back to the Court of Principal Sessions Judge Bhaderwah for further trail of the accused. |
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