Judgment

C.K. Thakker, J.—This appeal is directed against an order of conviction and sentence passed by the Designated Court, New Delhi on February 4, 2003 and February 5, 2003 in Sessions Case No 49 of 2001. The said case was registered against the appellant under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as ‘TADA’) as also under the Arms Act, 1959 (hereinafter referred to as ‘Arms Act’). For the offence under the Arms Act, the appellant was sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 50,000/-, in default to undergo R.I. for one year more. For the offence under TADA, he was ordered to undergo rigorous imprisonment for ten years and a fine of Rs. 5,00,000/-, in default to undergo R.I. for one year more. Both the sentences were to run concurrently. He was given benefit under Section 428 of Code of Criminal Procedure, 1973 for the period already undergone by him as set off.

2. The case of the prosecution was that the appellant was found in possession of several fire arms and ammunitions near Bahai Temple, Kalkaji, New Delhi, on 11th December, 1993. The case was closely linked with another case o