Judgment

Nanavati, J.-The appellant has been convicted under Section 25 of the Arms Act and Section 5 of the TADA Act by the Designated Court, Bhiwa­ni as he was found in possession of a countrymade .315 bore pistol and a live cartidge.

2. The Designated Court relying upon the evidence of PW 2 - Ganga Ram held that the allegation made against the appellant was proved and he was infact found in possession of a pistol and a live cartidge. The Designated Court also relied upon the report of Forensic Science Laboratory and held that the pistol was in a working condition.

3. What is contended by the learned counsel for the appellant is that the Designated Court failed to appreciate that the evidence of Ganga Ram was so improbable that it did not deserve to be accepted. As disclosed by the prosecution evidence, a case was registered against the appellant and seven others for the offence of murder on November 1, 1988 at Fatehabad Police Station. The police was on look out for the appellant. On 8th November, 1988, the appellant accompanied by his maternal uncle presented himself before the Officer incharge of the Fatehabad Police Station. SHO - Ganga Ram took him in custody and at that time