JUDGMENT

 This appeal is directed against the order of conviction of the appellant dated November 6, 1992 by the Designated Court, Rohtak at Jind, under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, hereinafter referred to as TADA Act read with section 25 of the Arms Act and consequential order of sentence for a period of five years with a fine of Rs. 500/- in default further imprisonment for six months. The prosecution case in short is that on 2-4-1989, Shri Sumer Singh, Inspector along with the Police Officials and Ram Kishan and Subhash were present in the area of village Gurthali near Canal Bank in connection with investigation of a case (State v. Surinder under Section 25 of the Arms Act and Section 5 of TADA). At that time, the accused Sukhpal was apprehended by the said Police party. The said Sukhpal was carrying one rifle of .315 bore and he was also having three belts each containing 25 cartridges in his waist. A magazine of the rifle containing seven live cartridges of .315 bore was also with him. The accused was also holding one bag of rexin in which two packets each containing 10 cartridges of the said rifle were also recovered. In this way 109