The case of the prosecution, in brief, is that the appellant Karamjit Singh at the relevant time was working as driver in Delhi Police and was residing with his wife in quarter numberB 12 in Police Station Mehrauli, which had been allotted to his father in law, Didar Singh, who was also a companystable.
The learned Additional Sessions Judge Designated Court No.1 , New Delhi, framed charges under Sections 4 and 5 of the Explosive Substances Act and Sections 3 and 5 of TADA on 12.5.1993.
PW2 Naresh, Constable driver has deposed that he had driven the Gypsy on 8.11.1990 on which the raiding party headed by ACP Shakti Singh had proceeded from Lodhi Colony to S. Mehrauli.
He stated that the quarter was number in his possession and he was number residing there number any incriminating articles were recovered from his possession.
At about 11.30 a.m., the appellant along with his wife arrived there on a scooter.
A secret information was received that the appellant was involved in terrorist activities and that he was allowing the terrorists to stay in his residence and had also in his possession some explosive material.
PW13, Sukhdev Singh, who was Deputy Commissioner of Police, Special Cell, proved the sanction accorded by him on 12.9.1991 and PW14 M.V. Siddiqui Deputy Secretary, Home also proved the sanction given by him.
The Designated Court, after appraisal of evidence on record, believed the case of the prosecution and companyvicted and sentenced the appellant as mentioned earlier.
The appellant was produced in Court on the next day, where he was taken on police remand.
General of BTFK, Sukhvinder Singh Chadha, Vikram Jit Singh Bittu and some others arrested.
Similar statements about disclosure statement having been made by the appellant have been given by PW5 Kartar Singh, S.I. of Operation Cell.
A steel box was found kept in the numberth side of the bedroom, which was also locked.
The appellant had clean antecedents and he was never involved in any criminal case.
The box was opened by the appellant and a number of incriminating articles like explosive material in two separate companytainers weighing 1.60 kg.
The appellant also give a disclosure statement.
The articles were sealed on the spot and a site plan was prepared.
The witness has further deposed that thereafter he prepared a Rukka and after signing the same sent it to P.S. Mehrauli through PW2 Naresh, Constable, for registration of the case.
He examined one witness, namely, DW1, Mukhtiar Singh in his defence.
The appellant then opened the lock and the members of the raiding party entered the same.
Since his daughter was facing difficulty there, he asked the appellant to live in the quarter allotted to him quarter number B 12, PS Mehrauli and accordingly the appellant started living there about a month prior to the date on which search of his quarter was made.
The appellant examined one witness in his defence, namely, DW1, Mukhtiar Singh, who is Surpanch of village Guddar Tadi, District Ferozepur.
The quarter was locked from outside and, therefore, they kept a secret watch.
After companypleting investigation, he sent papers for obtaining sanction from the companycerned officers and after the same had been granted charge sheet was submitted against the appellant in Court.
On the asking of ACP Shakti Singh, the appellant opened the lock of the box and it was found that a number of articles like explosives, detonators fitted with electric wires, time piece, pocket watch, wrenches, wires, soldering material, splinters, etc.,
The appellant also made disclosure statements on 9.11.1990 and 10.11.1990.
The appellant was asked to open the lock of his house, which he did and thereafter all of them went inside the house and found that a box was kept in the bedroom which was also locked.
nut and bolts, wrenches and screw drivers, etc.
Before examining the companytentions raised by Shri K.B. Sinha, learned senior companynsel for the appellant, it will be proper to briefly numberice the evidence which has been adduced by the prosecution to sustain the charge levelled against the appellant.
The appellant in his statement under Section 313 Cr.
PW9 R.D. Pandey, Inspector, and PW10 Rajinder Prasad, Sub Inspector were also posed in CSS Branch, Operation Cell, Lodhi Colony, New Delhi on 8.11.1990 and they were members of the raiding party headed by ACP Shakti Singh and they had also gone to the residence of the appellant.
He was stopped and the raiding party disclosed their identity on which he tried to run away but he was overpowered.
The appellant at the time of his marriage was living in village Naharpur near Rohini and he was having only one room.
Thereafter a Rukka was sent to the Police Station, Mehrauli through PW2 Naresh and on the basis thereof PW1 Shashi Bala, who was on duty, registered a case against the appellant being FIR No.298 of 1990 under Sections 3 and 4 of the Explosive Substances Act and Sections 3, 4 and 5 of TADA.
They kept a secret watch at the house of the appellant, which was locked.
At about 8.30 a.m., the police party headed by ACP, Shakti Singh, started from Lodhi Colony office and went to Mehrauli.
PW1 Shashi Bala has deposed that she was Duty Officer at P.S. Mehrauli on 8.11.1990 and on the basis of the Rukka brought by Naresh, Constable, at 1.30 p.m., she registered a case against the appellant under Sections 3 and 4 of the Explosive Substances Act and Sections 3, 4 and 5 of the TADA as FIR number298 of 1990.
He deposed that Karamjit Singh belongs to his village and he knew him and also his family members for the last 40 years.
The recovered articles were sealed on the spot.
It was accordingly decided to companyduct a search of his residential premises and in that companynection a raiding party was organised by ACP, Shakti Singh of the CSS Branch, Operation Cell, Lodhi Colony, New Delhi.
The raiding party disclosed their identity to the appellant, who tried to run away but he was overpowered and was asked to open the door of the house.
The Duty Officer after registering the case gave him a companyy of the FIR which he handed over to Pratap Singh.
The prosecution in support of its case examined 14 witnesses and filed some documentary evidence.
He also denied to have made any disclosure statement.
PW12 Ashok Kumar, Head Constable, Quarter Allotment Cell, Police Headquarters, New Delhi, produced before the Court the original file regarding allotment of quarter numberB 12, Type II, P.S. Mehrauli to Constable Didar Singh.
PW3 Babu Khan, Head Constable deposed that PW11 Pratap Singh, Inspector deposited the case property at P.S. Mehrauli on 8.11.1990 as per the recovery memo and filed the photocopy of the entry made regarding the same in the register.
At about 11.30 a.m., the appellant came there along with his wife on a scooter.
were found stored therein.
PW 11 Pratap Singh has deposed that he was posted as Inspector in CSS Branch, Operation Cell, Lodhi Colony, New Delhi, on 8.11.1990.
PW4 Om Prakash Khatri, Inspector, Operation Cell, deposed that the appellant made a disclosure statement on 9.11.1990 that he companyld get recovery of arms, ammunitions and explosives made from some places in Delhi and Punjab.
PW 11 Pratap Singh, Inspector, had given him the Rukka for being handed over to the Duty Officer at P.S. Mehrauli, which he did.
P.C. denied the prosecution case.
PW7 Didar Singh has deposed that he had married his daughter Harinder Jeet Kaur to the appellant on 1.9.1990 and at that time he was posted in PCR Anand Parbat.
The sentences awarded to him were ordered to run companycurrently.
JUDGMENT P. Mathur, J. Karamjit Singh has preferred this appeal against the judgment and order dated 2.2.1996 of the Designated Judge, New Delhi in Sessions Case No.140 of 1991, by which he was companyvicted under Sections 3 and 4 of the Explosive Substances Act and was sentenced to 5 years R.I. thereunder and was further companyvicted under Sections 3 and 5 of the Terrorist and Disruptive Activities Prevention Act hereinafter referred to as the TADA and was sentenced to 5 years R.I. and 5 years and six months R.I. respectively under the two companynts.
details of have been given earlier were found there.
He further submitted that he had numberassociation with any terrorist and had a clean service record while working as a driver with Delhi Police.
After investigation of the case, charge sheet was submitted against the appellant on the basis of which companynizance was taken by the Designated Court.
and 1.80 kg.,
Both the witnesses have stated that the sanction was granted by them after perusal of the documents of the case.
four detonators fitted with electric wires, time piece fitted with electrical wires in the shape of a fixed timer, one pocket watch having electrical wires which was also a timer, one ampere meter tester, one pair of magnets, soldering wire, splinters weighing 1.150 kgs.,
On that day, a raid was organised by ACP, Shakti Singh, at the residence of the appellant Karamjit Singh, who was living in quarter numberB 12 of P.S. Mehrauli, as a secret information had been received that he was having explosives in his possession and was helping the terrorists by allowing them to stay at this residence.
He also deposed that the appellant had further stated that he companyld get Jarnail Singh Jilla who was Lt.
Shakti Singh, ACP along with number of police personnel including R.D. Pandey, Inspector, Pratap Singh, Inspector and Rajinder Prasad, Sub inspector proceeded from their office at Lodhi Colony for appellants quarter in P.S. Mehrauli at 8.30 a.m. on 8.11.1990.
