MOHD. ZAHID versus THE GOVT. OF NCT OF DELHI

Citation: [1998] 3 S.C.R. 311 · Decided: 05-05-1998 · Supreme Court of India · Bench: M.K. MUKHERJEE · Disposal: Case Allowed

Judgment (excerpt)

MOHD. ZAHID 
v. 
THE GOVT. OF NCT OF DELHI 
MAYS,1998 
[M.K. MUKHERJEE AND G.B. PATTANAIK, JJ.] 
Terrorist and Disruptive Activities (Prevention) Act, 1987/Arms Act, 
1959 .. 
A 
B 
Section 5/Section 7-Arms and An~munitio11c-Alleged recovery from C 
the Appellant-Appellant's father complained against the illegal arrest of 
the appellant two days prior to the alleged date of arrest-No independent 
witness-Prosecution evidence held reliable-Conviction by the Designated 
Judge-Interpolations in the relevant entries of Daily Dairy Book of Police 
Post found-Held, Defence Version Probable-Conviction and sentence set D 
aside-Appellant made victim of prolonged illegal incarceration-
compensation awarded. 
Criminal Procedure Code, 1973-Inidan Penal Code-Ss 3401193, 
195 and 21 I-Fabrication of evidence-Enquiry against the erring Police 
Personnel-Show cause notice-issued. 
According to the prosecution, in the afternoon of March 8, 1990, Sub 
Inspector 'G' (PW-6) of l.S.B.T. (Inter State Bus Terminus) Police Post 
along with Assistant Sub-Inspector 'C' (P.W. 5) and other police personnel 
E 
on patrolling duty saw the appellant alighting from a bus with a rexin bag. 
Seeing them he tried to move away briskly. P.W. 6 apprehended him on F 
suspicion and found, on search of his bag, 3 country made pistols and 12 
cartridges. The seized articles were thereafter sent for examination by the 
Central Forensic Science Laboratory, which reported that the pistols were 
in working order and the cartridge were alive; 
After obtaining necessary sanction under S. 39 of the Arms Act, 1959 G 
the appellant was charge sheeted. The appellant pleaded not guilty to the 
charges levelled against him. He asserted that no country made fire arm or 
cartridge was recovered from him and that false case has been foisted 
ag:iinst him and he was apprehended by the Police on the evening of March 
6, 1990 when he got down at the I.S.B.T. The appellant produced before the H 
311 
312 
SUPREME COURT REPORTS 
[1998] 3 S.C.R. 
A Court certified copy of a telegram sent by his father to the higher authorities 
on March 8, 1990, wherein he complained that his son, the appellant was 
arrested by the Police Post, I.S.B. T. on March 6, 1990 and an application 
which he moved before a Metropolitan Magistrate, New Delhi on the same 
day making identical complaint. 
B 
The Designated Court held that the evidence of PWs 5 and 6 was 
reliable and could be made the basis for conviction, notwithstanding the fact 
that no independent witness was examined to corroborate their evidence as 
the explanation offered by PWs 5 and 6 that none of the members of the 
public present at the bus terminus agreed to join the search, was reasonable. 
C 
In appeal before this Court, Daily Dairy Book of the Police Post 
containing entry No. 33 dated March 8, 1990, a copy of which was exhibited 
by Head Constable 'P' (PW-4), was called to prove that the patrolling party 
left the police post at 5 p.m. It was found that the time at which the party left 
stood interpolated and the time of departure of the party which was earlier 
shown as 6 P.M. was changed to 5 P.M. Similar interpolations were found 
D to have been made in the earlier two entries. While entry no. 31 which was 
initially shown to have been made at 5.40 P.M. was subsequently changed to 
4.52 P.M., and entry no. 32 earlier made at 5.35 P.M. was changed to 4.55 
P.M 
Allowing the appal and setting aside the conviction and sentence of the 
E appellant, this Court. 
F 
G 
HELD : 1.1. It was only on receipt of the order of the Magistrate as 
communicated through the Station House Officer of Kashmere Gate Police 
Station that PWs 5 & 6 along with other police personnel felt it absolutely 
necessary to justify the detention of the appellant and with that ulterior 
object cooked up the story of his apprehension at 5.30 P.M. on March 8, 1990 
with unauthorised live arms and ammunitions. Since, according to the 
prosecution the appellant was arrested at 5.30 P.M., the above circumstance 
makes the defence version probable. [315-F, A) 
2.2 An enquiry should be made in accordance with sub section (1) of 
Section 340 Cr. P.C. into commission of offence under Sections 193, 195 and 
21 l I.P.C., by P.W.6 and under Sections 193 and 195 I.P.C., by P.W.4, and 
show cause notice is issued to both of them. (316-C] 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 
892of1997. 
H 
From the Judgment and Order dated 19.7.1997 and 22.7.1997 of t

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