Early Times Report
Jammu, May 23: The Court of Additional Sessions Judge, Jammu, has awarded three years’ rigorous imprisonment to Azan Hameed Gazi of Hilalabad Qamarwari, Parimpora Srinagar, in an Arms Act case arising out of FIR No. 170/2025 registered at Police Station Nagrota.
The case pertained to the recovery of arms and ammunition from an Etios car bearing registration No. HR38Z-2066 during routine naka checking at TCP Bypass Nagrota on July 29, 2025. According to the prosecution, the vehicle was moving from Jammu towards Srinagar when it was stopped by police. During search, a black handbag kept under the co-driver seat was found containing three pistols, three empty magazines, eight live cartridges and two empty cartridges. The accused, who was driving the vehicle, failed to produce any valid document regarding the weapons.
The prosecution had also invoked Section 113(2)(b) BNS alleging a terror-related angle. However, the court held that the prosecution failed to prove that the accused had committed any act with intent to threaten the sovereignty, integrity or security of India or to strike terror among people. The court also noted that no incriminating material was found from the mobile phone data and no link with alleged handler Tony @ Tausif Malik or any terrorist activity was proved.
After trial, the court found the accused guilty under Section 3 read with Section 25 of the Arms Act. On the question of sentence, the prosecution sought maximum punishment, submitting that three pistols and ammunition had been recovered. Defence counsel Advocate Rakesh Sharma pleaded for leniency, arguing that the convict was a 31-year-old first-time offender, had no previous criminal record and had already been acquitted of the terror-related charge.
After considering the rival submissions, the court observed that while the accused was not shown to be a habitual criminal and his young age was a mitigating factor, the court was required to strike a balance between the circumstances projected by the defence and the interest of a law-abiding society.
Accordingly, the court sentenced the accused to three years’ rigorous imprisonment for commission of offence under Section 3 read with clause (a) of sub-section 1B of Section 25 of the Arms Act and imposed a fine of Rs 3,000. In default of payment of fine, he shall undergo further rigorous imprisonment for one month. The court also directed that the custody period already undergone by the accused from July 29, 2025, shall be set off against the sentence. (JNF) |
