JUDGMENT

G.P. Mathur, J.-Criminal Appeal No. 941 of 1998 has been preferred by Mohd. Ishtiaq and Criminal Appeal No. 307 of 1998 has been preferred by Aslam Parwez against the judgment and order dated 2.2.1998 of Addl. Designated Court (II) Delhi by which the former was convicted under Section 25 of the Arms Act and Section 5 of Explosives Substances Act and was sentenced to two years RI and a fine of Rs.1,000/- under the first count and four years RI and a fine of Rs. 1500/- under the second count and the latter was convicted under Section 5 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred as the TADA") and was sentenced to five years RI and a fine of Rs.1500/-. The sentences imposed upon Mohd. Ishtiaq were ordered to run concurrently.

2. The case of the prosecution, in brief, is that on 8.9.1987 Surinder Kumar, who was posted as Sub-Inspector in PS Subzi Mandi was patrolling in the area along with Shashi Pal, Head Constable, and some others. At about 9.30 a.m. the S.H.O. of P.S. Subzi Mandi informed him that he had received information that Mohd. Ishtiaq resident of Kabir Basti was manufacturing arms in his workshop and was supplying the same to