ORDER

1. This appeal is directed against the decision of the Designated Court Bhatinda dated 19-11-1992 whereunder he recorded a conviction under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and sentenced the appellant to suffer rigorous imprisonment for five year and to pay a fine of Rs. 500 and in default of payment of fine to suffer rigorous imprisonment for two months. The prosecution case was that the appellant was found with a pistol and two cartridges in the notified area the State of Punjab.

2. The only short question which we are required to consider is whether the mere finding of an article described as pistol and cartridges is sufficient to bring home the charge under Section 5 of the Act. That provision states :

"5. Possession of certain unauthorised arms, etc., in specified areas. - Where any person is in possession of any arms and ammunition specified in Columns 2 and 3 of Category I or Category III (a) of Schedule I to the Arms Rules, 1962, or bombs, dynamite or other explosive substance unauthorisedly in a notified area, he shall notwithstanding anything contained in any other law for the time being in force, be punishable with impriso