PARAS RAMversusSTATE OF HARYANA

                            PARAS RAM                                            A
                                 v.
                         STATE OF HARYANA

                            OCTOBER 20, 1992                                     B
               [J.S. VERMA AND S.P. BHARUCHA, JJ.]

      Te"orist and Disrnptive Activities (Prevention) Act, 1987:
                                                                                 c
      Sections 5, 12-0ffence under Section 25 of the Anns Act-Conviction
under Section 12 of the T.DA. Act by Designated Court-l..ega/ity-Sen-
tence-Modification of
                                                                                 D
      Anns Act, 1959:

      Section 25(1B)(a}-Offence under-conviction by Designated Court
u/s. 12 of the T.DA. Act-Legality of-Sentence-Modification of
                                                                                 E
       Interpretation of Statutes-Terrorist and Disrnptive Activities (Preven-
tion) Act, 1987-Section ~'Anns and ammunition''-Construction.

     On 7.4. 1988, the Police apprehended the appellant on the G.T. Road
on suspicion, and he was found carrying a 12 bore country-made pistol
without licence or permit.

      The District Magistrate issued sanction for prosecuting the appel-
lant for an offence under Section 25 of the Arms Act, 1959.

      The Judicial Magistrate, First Class ordered that as the case should
be tried by the Designated Court under Section 5 of the Terrorist and
Distruptive Activities (Prevention) Act, 1987. The case was transferred to
the Additional Judge, the Designated Court, for Trial, charging the appel-
lant for the offence punishable under Section S of the T.A.D.A. Act, 1987.
The appellant pleaded not guilty.

      The Designated Judge found that the prosecution had brought home
the offence to the appellant beyond reasonable doubt and the appellant
was convicted of an offence punishable under Section S of the T .A.D.A. Act
and sentenced to undergo rigorous imprisonment for five years and to pay
a line of Rs. 200 or, in default, to undergo rigorous imprisonment for a
further period of three months.
                                     55
    56                  SUPREME COURT REPORTS (1992] SUPP. 2 S.C.R.

A        Against the judgment and order of the Designated Court, the
    present appeal was flied.

          The appellant contended that the prosecution itself did not consider
    the case against him to be a 11¢ case to frame a charge and proceed under
    the T.A.D.A. Act, 1987 and that it was, therefore, not proper to try and
B   convict thereunder; that a country-made pistol fell outside the ambit of the
    Category III (a), of Schedule l to the Arms Rules, 1962; that Section 5 of
    the T.A.D.A. Act, 1987 applied only when a person was in possession of
    "arms and ammunition" and that the provisions of Section 5 of the T.A.
    D.A. Act did not apply to the appellant.
c         The respondent-Slate >ubmitted that the prosecution had con-
    sidered the case to be a fit case to frame a charge and proceed against the
    appellant under Section 5 of the T.A.D.A. Act, 1987 and had requested the
    Magistmte to tmnsfer the casl! to the Designated Court for trial.

D         Modifying the sent•nce, this Court,

           HELD : 1.01. Section 12 of the T.A.D.A. Act, 1987 empowers the
    Designated Court to con·vict a person of any offence under any other law
    if he is found to have IJet,n guilty of the same during the course of a trial
    under that Act and to punish appropriately. [60-E]
E
          Ja/oba v. State of Haryana, [1989) SCC Supple. II 197, followed.

          1.02. Upon the authority of the judgment infaloba's case, the appel-
    lant was rightly tried by the Designated Court under the provisions of the
    T.A.D.A. Act, 1987. [59-E]
F
          1.03. That the evidl!nce relied upon was of two police officials does
    not ipso facto give rise to doubt about its credibility. On examination of       '
    the evidence no reason was found to question the conclusion of the Desig-
    nated Court that the appellant was guilty. [60-G-F)
G          1.04. The appellant, being guilty of an offence under Section
    25(1B)(a) of the Arms Ao:!, is punishable with imprisonment for a term
    whii:;1 shall not be less than one year but which may extend to three years
    and he is also liable to fine. In l:he circumstances of the case the appellant
    must undergo rigorous imprisonment for a term of one year and pay a fine
H   of Rs. 200. [60-H, 60-A]
-            PARAS RAM v. STATE OF HARYANA [BHARUCHA, J.]                      57

           2.01. The words "arms and ammunition" in Section 5 of the Terrorist A
    and Disruptive Activities (Prevention) Act, 1987 should be read conjuc·
    lively. This is not merely a matter of correct grammar but also subserves
    the object of the Act. (60-C]

          2.02. A person in possession of both a firearm and the ammunition
    therefor is capable of terrorist and disruptive activities but not one who      B
    has a firearm but not the ammunition for it or vice versa. (60-D]

         CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
    341of1990.
                                                                                    c
            From the Judgment and Order dated 4/5.6.90 of the Additional
    . Judge, Designated Court, Rohtak at Sonepat in Sessions Case No. 42/88,
      Sessions Trial No. 18/90 & F.l.R. No. 96 dated 7.4.88, Police Station, Rai.

          K.L. Rathee, Raghu Raman and S. Balakrishnan for the Appellant.
                                                                                    D
          Ms. Indu Malhotra for the Respondent.

          The Judgment of the Court was delivered by

          BHARUCHA, J. This is an appeal against the judgment and order
    of the Additional Judge, Rohtak, being the Designated Court under the           E
    Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short
    T.A.D.A. Act, 1987) whereby the appellant was convicted of an offence
    punishable under Section 5 thereof and sentenced to undergo rigorous
    imprisonment for five years and to pay a fine of Rs. 200 or, in. default, to
    undergo rigorous imprisonment for a further period of three months.             F

          The appellant was apprehended by Sub-Inspector Rohtas Singh and
    Head Constable Ram Krishan near the Hilton factory on G.T. Road in the
    State of Haryana on 7th April, 1988 on suspicion. In the envelope of wax
    paper that the appellant was carrying was found a .12 bore country-made
    pistol for which he had no licence or permit. After the necessary for- G
    malities, sanction was issued on 26th April, 1988 by the District Magistrate,
    Sonepat, for prosecuting the appellant for an offence under Section 25 of
    the Arms Act, 1959. On 7th December. 1989, the Judicial Magistrate, First
    Class, Sonepat, before whom the appellant was being prosecuted for the
    said offence, passed the following order:                                     H
A
    58                  SUPREME COURT REPORTS [1992] SUPP. 2 S.C.R.

            "Present A.P.P. for the State.
                                                                                    ..
            Accused on bail.

            At this stage it has come to my notice that this case should
            Jiave been tried by the learned Designated Court under
B           Section 5 of th" Terrorist and Disruptive Activities
            (Prevention) Act, 1987. Consequently this case is sent to
            learned Designated Court (Shri B.R. Gupta learned Add!.
            Sessions Judge), :>onepat. Accused is directed to appear
            in that court at 12.00 noon today itself. File completed in
c            all respects be sent immediately.

                                                          Sd/- J.M.l.C. Sonepat
                                                                    Announced
                                                                     7.12.1989."

D          The appellant was then tried by the said Additional Judge under
    Section 5 of the TA.DA. Act, 1987. The judgment under appeal noted
    that the. appellant was charged on 18th December 1989 by .the said Addi-
    tional Judge for the offence punishable under Section 5 of the T.A.D.A.
    Act, 1987, to which the appellant pleaded not guilty. Upon the evidence
E   led, the said Additional Judge found that the prosecution had brought
    home the offence to the appellant beyond reasonable doubt. Accordingly,
    the appellant wa> convicted and sentenced as aforesaid.

           The appellant has in his grounds of appeal taken, inter alia, the plea
    that the prosecution itself had not considered the case against him to be a
F   fit case to frame a charge and proceed under the T.A.D .A. Act, 1987 and
    that it was, therefore, not proper that he should have been tried and
    convicted thereunder. In the cow1ter filed by Khajan Singh, Sub-Inspector,      •
    Police Station Rai, it is submitted in reply that the prosecution had con-
    sidered this to be a fit case to frame a charge and proceed against the
G   appellant under Section 5 of the TAD.A. Act, 1987 and had requested
    the learned Magistrate to transfer the case to the Designated Court for
    trial.

         It is not in dispute that the provisions of the T.A.D .A. Act, 1987 had
    been extended to cover the whole of the State of Haryana by a notification
H   dated 18th November, 1987.
         PARAS RAM v. STATE OF HARYANA [BHARUCHA, J.]                      59

       This Court io the judgment in Ja/oba v. State of Haryana, [1989] SCC A
Supple. II 197 considered the submission that the Designated Court had
no jurisdiction to try the appellant Jaloba because he had not been charged
with having committed any offence under the T.A.D.A. Act, 1985. He had
been charged under Section 25 of the Arms Act. This Court rejected the
submission noting Sections 6 and 9 of the T .A.D .A. Act, 1985 (equivalent B
to Sections 5 and 11 of the T.A.D.A. Act, 1987). Section 6 laid down that
if io any area notified by the State Government under the T.A.D.A. Act,
1987, a person contravened any provision or rule made, inter alia, under
the Arms Act, then he was liable to the enhanced punishment provided for
io the section. Section 9 of the T.A.D.A. Act, 1985 laid down that, not-
withstanding anythiog contaioed in the Criminal Procedure Code, every C
offence punishable under that Act or a rule made thereunder was triable
only by the Designated Court within whose local jurisdiction it was com-
mitted. It, therefore, followed that though the offence committed by the
appellant was in contravention of Section 25 of the Arms Act, it became
exclusively triable by the Designated Court because of the notification D
made by the State Government and the operation of Section 6 of the
T.A.D.A. Act, 1985. It was, therefore, futile for the appellant to contend
that the Designated Court did not have jurisdiction to try him for the
offence for which he stood charged.

                                                                                 E
      Upon the authority of the judgment in Ja/oba's case it must be held
that the appellant before us. was rightly tried by the Designated Court
under the provisions of the T.A.D.A. Act, 1987.


       It was submitted on behalf of the appellant Iha~ io any event, the
provisions of Section 5 of the T.A.D.A. Act did not apply to the appellant.
                                                                                 F
These provisions applied where nany person is in possession of any arms
and ammunition specified in ........ Category III(a) of Schedule I to the Arms
Rules, 1%2, unauthorisedly in a notified area". Category III(a) of Schedule
I to the Arms Rules reads thus:
                                                                                 G
 "Ill Firearms other than those in   Ammunition for firearms other than
 categories I, II and IV, namely:    those in categories I, II and IV,
                                     namel.
 (a) Revolvers and pistols           Ammunition for fire arms of category
                                     III a."                                     H
    60                  SUPREME COURT REPORTS [1992) SUPP. 2 S.C.R.

A         It was pointed out that the appellant was found to be carrying a
    country-made pistol and submitted that a country-made pistol fell outside
    the ambit of the said Category III( a). That category speaks in broad terms
    of "revolvers and pistols" and there is no reason to exclude a country-made
    revolver or pistol therefrom.

B          It was then argued, and, we think, with substance, that Section 5 of
    the T .A.D .A. Act, 1987 applied only when a person was in possession of
    "arms and ammunition" and that the appellant, while he had been found in
    possession of a country-made pistol, had not been found in possession of
  any ammunition. We think that the words 'arms and ammunition in
                                                    1                       11



C Section 5 should be read conjuctively. This is not merely a matter of correct
  grammar but also subserves the object of the T.A.D.A. Act, 1987. A person
  in possession of both a firearm and the ammunition therefor is capable of
  terrorist and disruptive activities but not one who has a firearm but not the
  ammunition for it or vice versa. It is, therefore, our view that the provisions
D of Section 5 of the T.A.DA. Act, 1987 could not have been applied to the
  appellant.

          This is not to say that the appellant should necessarily have been
    acquitted. Section 12 of the T.A.D.A. Act, 1987 empowers the Designated
    Court to convict a person of any offence under any other law if he is found
E   to have been guilty of the same during the course of a trial under that Act
    and to punish appropriately.

           It was submitted that the evidence against the appellant did not
    establish that he was guilty of an offence under Section 25(1B)(a) of the
    Arms Act, namely, of having iu his possession an unlicenced firearm. We
F   have examined the evidence and found no reason to question the con-
    clusion of the Designated Court that the appellant was so guilty. That the
    evidence relied upon was of two police officials does not ipso facto give
    rise to doubt about its credibility. There is nothing on record to show that
    these police officials were hostile to the appellant and their evidence was
G   not shaken in cross-examination. That the private party who was called as
    a witness by the prosecution did not support it does not, in the circumstan-
    ces, lead to the conclusion that the appellant was innocent.

          The appellant being guilty of an offence under Section 25 (lB) (a)
    of the Arms Act is punishable with imprisonment for a term which shall
H   not be less than one year but which may extend to three years and he is
         PARAS RAM v. STATE OF HARYANA [BHARUCHA, J.]                    61

also liable to fine. In the circumstances of the case, we think that the      A
appellant must undergo rigorous imprisonment for a term of one year and
pay a fine of Rs. 200.

      The appeal is, accordingly, allowed in the aforesaid terms. The
appellant has already paid the fine of Rs. 200 and has served a part of the
sentence of imprisonment imposed upon him. He is presently on bail. The       B
bail now stands cancelled and the appellant shall surrender to serve the
balance of the sentence of imprisonment.

V.P.R.                                                    Appeal allowed.