State vs Md Ali Reza (2019) 71 DLR (AD) 332

Facts of the case:

Md Ali Reza and Nurul Faysal Mahmud were caught with a revolver which is in the possession of Md Ali Reza and Nurul Faysal Mahmud with booties and gold ornaments. Md Ali Reza and Nurul Faysal Mahmud together committed a robbery and the law enforcement agency caught both of them on the spot with firearms.

Issues of the case:

1. Whether the accused respondent will get the benefit under section 35A of the Code of Criminal Procedure, 1898?

2. The imprisonment which is the accused already in prison before the judgment is deducted or not?

3. Whether the charge of carrying firearms will apply to both of them or not?

 

Decisions:

In this case, the respondent accused will get the benefit by deducting the period from the 10 years imprisonment which the accused may have been in custody before the judgment. The charge of carrying firearms only applies to the person who is in possession. So, in this case, only the person Md Ali Reza will be aggrieved under the Special Powers Act, 1974 as he did not carry the firearms.

Justification:

Md Ali Reza and Nurul Faysal Mahmud were caught together with firearms after committing an offense of robbery. The firearm was in the possession of Md Ali Reza when he was caught by the law enforcement agency. At that time, Nurul Faysal Mahmud had gold and ornaments. When they were caught by the law enforcement agency, the police Officer made a charge sheet Against Md Ali Reza under sections 19A and 19(f) of the Arms Act and gave a report in favor of Nurul Faysal Mahmud. The judgment of the High Court Division is set aside. The accused respondent shall get the benefit under section 35A of the Code of Criminal Procedure, 1898.

Written by---
Saiful Islam
Department of Land Management and Law
Jagannath University, Dhaka

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