Gurtej Singh vs State of Punjab

Sabina, J.—Petitioner was tried qua commission of offence punishable u/s 25 of the Arms Act, 1959 (''Act'' for short) in FIR No. 23 dated 15.2.2005, registered at Police Station Kotwali Barnala. The Trial Court vide judgment/order dated 10.6.2010 ordered the conviction and sentence of the petitioner u/s 25 of the Act. Aggrieved against the said judgment/order of his conviction and sentence, petitioner preferred an appeal. Appellate Court vide judgment dated 2.3.2013 dismissed the appeal. Hence, the present petition by the petitioner. I have heard the learned counsel for the petitioner and have gone through the record available on the file carefully.

Prosecution story, in brief, is that on 15.2.2005, Assistant Sub Inspector Darshan Singh apprehended the petitioner on suspicion. On personal search of the petitioner, one country made pistol 315 bore was recovered. When the said pistol was unloaded, one live cartridge was recovered. Two more live cartridges were recovered from the personal search of the petitioner. Petitioner failed to produce any licence to keep the weapon in his possession.

During trial, prosecution led its evidence. Assistant Sub Inspector Darshan Singh appeared in the witness box as PW-1 and deposed as per the contents of the F.I.R. PW-2 Harivansh deposed that he had examined the pistol in question and it was found to be in working order.

Prosecution had, thus, been successful in proving its case. Petitioner was found in possession of country made pistol 315 bore along with live cartridges without any licence. Learned counsel for the petitioner has failed to point out any misreading of evidence by the Courts below. In these circumstances, the Courts below rightly ordered the conviction and sentence of the petitioner u/s 25 of the Arms Act.

No ground for interference is made out. Dismissed.