Judgment

Thomas, J.-Appellant has two passports, one issued by the au­thorities in India and the other by Pakistan authorities. When he was caught and searched at the New Delhi Railway Station a revol­ver studded with live cartridges was recovered from him. He was charged and tried for offences under Section 12 of the Passport Act, 1967 and under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act (for short ‘the TADA’). The Designat­ed Court, before which he was tried, convicted him of the said offences and sentenced him to imprisonment for three months on the first count and for 5 years on the second count. This is his appeal under Section 19 of the TADA.

2. Facts are too simple for narration. On 13.3.1990, the Sub-Inspector of Police, Sultanpuri (Delhi) had source information that two persons carrying lethal weapons were on the move towards New Delhi Railway Station. He immediately organised a raiding party and waited near the gate of the Railway Station. Around noon appellant was spotted as the suspected person while he was stepping out of Railway Station with a suit-case and a handbag. He was intercepted and on being questioned he revealed his name as Sheik Mo