Supreme Court of India · 1998-09-24
JASPAL SING vs STATE OF PUNJAB
- Citation / case number
- SC 1973/60409
- Court
- Supreme Court of India
- Petitioner
- JASPAL SING
- Respondent
- STATE OF PUNJAB
- Author
- S.P.KURDUKAR G.T.NANAVATI
- Bench
- S.P.KURDUKAR G.T.NANAVATI
Judgment text excerpt
The Supreme Court held that the conviction of the appellant under Section 25 of the Arms Act and Section 5 of the TADA Act could not be sustained due to lack of evidence proving that the gun was in working condition and that the cartridges were live. The Court emphasized that the prosecution failed to provide expert testimony or sufficient evidence to establish the operational status of the firearm. Consequently, the Court set aside the lower court's judgment and acquitted the appellant, ordering his immediate release if not required in connection with other cases.