Judgment

Nanavati, J.-This appeal is directed against the judgment and order passed by the Additional Judge, Designated Court, Delhi, in Sessions case No. 149/93 (arising from FIR No. 190/93 of Tilak Nagar Police Station). The learned Judge has convicted the appellant under Section 5 of the TADA Act and also under Section 5 of the Explosive Substances Act, 1908. For the offence punishable under Section 5 of the TADA Act, the appellant has been sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/-. For the offence punisha­ble under Section 5 of the Explosive Substances Act, he has been sentenced to suffer rigorous imprisonment for three years.

2. It was the prosecution case that the police had information that some terrorists of Punjab were to carry out explosions in various parts of Delhi and, therefore, they were keeping a watch at Vishnu Garden, Rajouri Garden and Tilak Nagar. A watch was also kept on appellant who was residing in a house bearing No. F-167, near Vishnu Garden, as some unknown persons were seen visiting his house. On 6.4.93, the police party consisting of Inspector Babu Singh, Inspector Nand Kishore and Sub-inspector Satish Kumar