ORDER

This appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter called the TADA ) is directed against the judgment and order dated 14th February, 1996 by which the appellant has been convicted for an offence under Section 5 of TADA and sentenced to undergo rigorous imprisonment for eight years and to pay a fine of Rs. 1,000/- and in default to undergo simple imprisonment for six months.

2. The prosecution case against the appellant is that on 6th April, 1992, PW.1 H.C. Maru Ram, who was incharge of PCR Van No. Victor 79, Maruti Gypsy bearing registration No. DDV 6920 based in Kailash Colony, alongwith constable Chander Pal and driver constable Raj Kumar, received a wireless message at about 2.05 p.m. to the effect that a person wearing green coloured pant, green coloured shoes and having a green coloured bag was present in suspicious circumstances and that if his bag was searched it might show presence of some contraband. On receipt of this information, PW.1 alongwith the other members of the police party proceeded towards Relax Restaurant. On reaching Relax Restaurant, an enquiry was made from the owner of the Restaurant if he had s