JUDGMENT

S.P. Kurdukar, J. - This appeal under Section 19 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (for short the TADA ) is filed by the appellant challenging the legality and correctness of the judgment and order of conviction and sentence passed by the Designated Judge, Jam Nagar on June 19, 1996 for various offences punishable under Sections 302, 307, 225, 333 of the Indian Penal Code.

2. Briefly stated the prosecution case is as under:

On March 22,1992, the Custom Officers intercepted a ship called Safina-A1-Burhani and upon Search thereof recovered five belts of gold biscuits of foreign origin. During interrogation, Abbas Hasan Subhaniya, the tandel of the said ship, disclosed that Harun Jusab Bhaya (A-8) was to receive the delivery of the said gold biscuits. The Custom Officers then decided to apprehend A-8 and for that a team of Custom Inspectors along with three sepoys went to Kharribhalia in a jeep which was driven by Chuni Lal Barad (PW 46). The Custom Officers came to the office of Brother & Brother Transport at Khambhalia where they spotted A-8 and informed him that he was being arrested in connection with the smuggling of gold. A-8 then started