JUDGMENT

JUDGMENT:— This appeal is directed against thejudgment of the Designated Court under Terrorist and Disruptive Activities (Prevention) Act (for short TADA). The appellants convicted under Section 3(3) of the Act are sentenced to three years imprisonment and also to pay a fine of Rs. 1 00/ - each in default to undergo simple imprisonment for one month. The first appellant is also convicted under Section 25(1)(a) of the Indian Arms Act and sentenced to one years imprisonment. The second appellant is convicted under Section 5 of Explosive Substances Act. All the sentences are to run concurrently. Section 3(3) of theTADAIays down that whoever conspires or attempts to commit. or advocates, abets, advises or incites or knowingly facilitates the commission of a terrorist act or any act preparatory to a terrorist act shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to term of life and shall be liable to fine. The submission of the learned counsel for the appellant is that even if the prosecution case is accepted in to the provisions of Section 3(3) were not attracted. It is necessary to state the necessary facts.

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