(1) THIS appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter called TADA) is directed against the order of the Designated court dated 28/2/1996 by which the appellant has been convicted for an offence under Section 5 of TADA and sentenced to Rl for five years and to pay a fine of Rs. 1,000.00 and in default to undergo Rl for two months more.

(2) ACCORDING to the prosecution case on 1/5/1988 at about 11.30 a.m. while ASI Inder Singh Public Witness 3 was on patrol duty along with Head Constable Satbir Singh and others, he received secret information to the effect that two boys were standing at the DTC bus-stand at G.T. Road and had with them unauthorised arms and ammunition. The police party, after unsuccessfully making efforts to include some passers-by as witnesses, arrived at the spot and on being pointed out by the informer, apprehended the appellant. The appellant had a bag with him and from search of the bag. one country-made pistol and three live cartridges were recovered. A sketch. Ex. Public Witness 2-A, of the pistol and Ex. Public Witness 2-B of the cartridges was prepared. The pistol and the cartridges were