JUDGMENT

Dr. Anand, J.-This Appeal under Section 19 of the Terrorist and Distruptive Activities (Prevention) Act, 1987, (hereinafter referred to as TADA ), is directed against the Judgment and Order dated 27.4.1995 of the Addl. Judge, Designated Court for Greater Bombay convicting the appellant for an offence under Section 5 of TADA read with Section 3(1) and Section 25(1-B)(a) of the Arms Act, 1959 and sentencing him to suffer R.I. for 5 years. The appellant has called in question his conviction and sentence through this appeal.

2. According to the prosecution story, on prior information received by PSI Varpe (PW-2) that the appellant herein, who was a wanted criminal, was likely to visit Sanket Hotel situate in the hamlet of Worli Koliwada, Bombay, the police officials of Dadar Police Station proceeded to Sanket Hotel on 1st of April, 1992, at about 9.00 P.M. As soon as the appellant entered the hotel, he was over-powered by PSI Sawant (PW-1) who took him in his clutches. Sanjay Kashinath and Arjun Padmathali, two panches from the public were joined and in their presence from the personal search of the appellant, a country made revolver loaded with two live cartridges and cash amo