JUDGMENT

The appellant has called in question his conviction and sentence for an offence under Section 5 of the Terrorists & Disruptive Activities (Prevention) Act, 1987 (hereinafter TADA) as recorded by the learned Additional Judge of the Designated Court, Rohtak at Sonipat on 11th December, 1993.

2. The prosecution case in brief is that while S. I. Jaipal Singh was on patrol duty alongwith ASI Hari Kishan and other police officials on 16th May, 1990 he received secret information, near the High School while they were taking to Raldu, PW, that the appellant alongwith one Rajpal was sleeping in a Dharamshala situated near Rajbaha in the area of village Baroda and if a raid is conducted, the appellant could be apprehended along with illicit arms. On receipt of the secret information a ruka Ext. PC for registration of the case was sent by S. I. Jaipal Singh and formal FIR Ex. PC/1 was registered by Moharir Head Constable Surat Singh. The police party then raided the Dharamshala. Raldu, PW was present alongwith the raid party. The appellant and Rajpal who were sleeping in the Dharamshala were overpowered. From the search of the appellant, a loaded pistol, Ext. P.1 with live cartridge Ex