Judgment

S.P. Kurdukar, J.-The appellant along with Pravin Krishna Gawand (since deceased) and Sunil Dattaram Sawant (since absconding) were put up for trial for the offences punishable under Sections 3(3), 5 and 6 of the TADA (P) Act, 1987, under Section 7 read with Sections 25(1A) of the Arms Act and Sections 4 and 5 of the Explosives Sub­stance Act, 1908. The Designated Court under TADA (P) Act, 1987, Greater Bombay, by its judgment and order dated 30th January, 1999 found the appellant guilty of the aforesaid offences and convicted him under Section 5 of the TADA (P) Act, 1987 (hereinafter referred to as “the Act”) and sentenced him to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/-. In default of payment of fine to undergo further rigorous imprisonment for six months. The appellant although convicted on other counts but no separate sentences were awarded to him for those offences. It is against this judgment and order passed by the Designated Court, Greater Bombay, the appellant has filed this appeal under Section 19 of the Act.

2. Briefly stated the prosecution case is as under :-

Several criminal gangs were operating in Mumbai and they indulged in or