JUDGMENT

Thomas, J.-The Designated Court, Jamnagar convicted 4 persons under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, (for short TADA ). They were also tried for certain offences under Section 25 of the Arms Act, 1959 but the trial Judge refrained from convicting them under that section on the premise that the other offence under TADA is a cognate offence of a graver dimension. In the matter of sentence the trial Court awarded rigorous imprisonment for 7 years as against first accused Rambhai Nathabhai Gadhvi, while the three others were given only a sentence of rigorous imprisonment for 5 years each. The convicted persons have come up in appeal under Section 19 of TADA and the State of Gujarat have filed an appeal for enhancement of the sentence of the first accused to the maximum limit provide in law. We heard both appeals together.

2. First accused is the father of second accused Kalu Rambhai Gadhvi and also elder brother of the fourth accused Nagshi Nathabhai Gadhvi. The third accused Hitesh Vajshi Pindariya is their neighbour. The nub of the case against them is that they all were actively engaged in smuggling of goods particularly arms and a