- (1.) The appellant was placed on trial before the Designated court, New Delhi to answer charges under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 ('tada' for short) and Section 25 of the Arms Act, 1959. On conclusion of trial the learned court recorded an order of conviction against the appellant in respect of both the charges. For the conviction under Section 5 of TADA the appellant was sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 5,000. 00, in default, to suffer rigorous imprisonment for 6 months more but no separate sentence was passed for the other conviction. Hence this appeal.
(2.) Briefly stated, the prosecution case is that in the evening of 23/4/1991 a police party, while on patrol duty in and around Palam Village, found the appellant standing near the bus stand with a bag in his possession. As his Movements aroused suspicion they apprehended him and searched the bag which was found to contain 8 country-made pistols and 31 live cartridges. As he appellant could not give any satisfactory explanation for possession of those Arms and ammunition, they were seized under a recovery memo and then packaged and sealed. A first information report was thereafter lodged against he appellant at Dabri Police Station and SI Sube Singh took up investigation of he case. In course of investigation he forwarded the seized arms and ammunition to the central Forensic Science Laboratory (CFSL) for examination. On completion of investigation and receipt of sanction from the deputy Commissioner of Police, New Delhi to prosecute the appellant under section 25 of the Arms Act he submitted charge-sheet against the appellant.
(3.) The appellant pleaded not guilty to the charges levelled against him and is contention was that he was falsely implicated in the case at the instance of SI Sube Singh.;