JUDGMENT

Arijit Pasayat, J.-Appellants call in question legality of the judgment rendered by a learned Single Judge of the Gujarat High Court upholding their conviction for offence punishable under Section 9-B(i)(b) of the Explosive Act 1884 (in short the Act ). The Trial Court sentenced each of the appellants to undergo imprisonment for one year and pay a fine of Rs. 1,000/- with default stipulation.

In a nutshell the background facts are as follows :

2. On 20.4.1988, the appellants came to Surat from Indore and were intercepted by the police at the bus stand. They were found to be in possession of 180 detonators. A criminal case No. 4 of 1990 was registered against the appellants-accused. They were charge-sheeted for the offence punishable under Sections 9-B(i)(b) of the Act and Section 5 of the Terrorists & Disruptive Activities (Prevention) Act, 1985 (in short the TADA ). By judgment and order dated 12.10.1998 of the Trial Court, the accused were acquitted of the offence punishable under Section 5 of the TADA. However, they were convicted for the offence punishable under Section 9-B(i)(b) of the Act and were sentenced as aforesaid.

3. In the appeal before the High Court stand of