TMI Blog1999 (3) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... ch he was tried, convicted him of the said offences and sentenced him to imprisonment for three months on the first count and for 5 years on the second count. This is his appeal under Section 19 of the TADAA. Facts are too simple for narration. On 13.3.1990, the Sub-Inspector of Police, Sultanpuri(Delhi) had source information that two persons carrying lethal weapons were on the move towards New Delhi Railway Station. He immediately organised a raiding party and waited near the gate of the Railway Station. Around noon appellant was spotted as the suspected person while he was stepping out of Railway Station with a suit-case and a handbag. He was intercepted and on being questioned he revealed his name as Sheik Mohammad Irfan, resident of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... name was shown as Akmal Ahmad in all other documents he obtained a passport describing himself as S.M. Irfan. The trial judge has stated the following while arriving at the finding against him: All these documents therefore, reveal that accused is known as Akmal Ahmad. Still he obtained Pakistani passport describing himself as S.M. Irfan. He also got the entry permit Ext.P8 of Attari Border on the strength of said passport. All these acts of accused clearly attracts Section 12 of the Passports Act read with Section 3 thereof inasmuch as he contravened clauses (a) and (b) of the said section. Section 12 also covers Passport and travel documents issued by or under the authority of the Government of foreign countries as per Section 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he purposes of this section,- (a)passport includes a passport which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed under the Passport (Entry into India) Act, 1920 (34 of 1920), in respect of the class of passports to which it belongs; (b) travel document includes a travel document which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed. Departure from India is the point of time envisaged in Section 3. Unless there is departure or at least an attempt to depart from India, there is no question of invoking Section 3 of the Passports Act. It is nobodys case that appellant was trying to depart from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s already undergone. Regarding the first point, it is true that evidence of PW-8 Sub Inspector of Police is not supported by any witness other than police personnel. It is now well settled that evidence of search or seizure made by the police will not become vitiated solely for the reason that the evidence is not supported by independent witness. PW-8 Sub Inspector of Police said that he, in fact, tried to get some person from the locality to remain present for witnessing the search but none obliged him to do so. PW-7 - a constable who assisted PW-8 in the search also said the same fact. We have no reason to disbelieve the testimony of PW-8 and PW-7 regarding the factum of seizure of revolver loaded with live cartridges. The Forensic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 25 of the Arms Act. In other words, Section 5 of the TADAA is a more aggravated offence than Section 25 of the Arms Act. In the above context reference to the decision of the Constitution Bench in Sanjay Dutt vs. State (1994 5 SCC 410), has to be made. The five-Judge Bench considered the proper construction of Section 5 of the TADAA. In paragraph 25 of the judgment it has been observed thus: The significance of unauthorised possession of any such arms and ammunition etc. in a notified area is that a statutory presumption arises that the weapon was meant to be used for a terrorist or disruptive act. This is so, because of the proneness of the area to terrorist and disruptive activities, the lethal and hazardous nature of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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