( 1 ). The conviction and sentence passed against the appellant by the learned Designated court, Valsad at Navsari by the judgment dated 22-12- 1989 in Sessions Case No. 79 of 1988 are impugned in this appeal

( 2 ). The prosecution case in short is that a theft had taken place in Village kakaduva on 13/6/1988. When the owner of the house and other villagers were in search of the miscreants responsible for such theft, they spotted five persons present near a tea stall and they suspected their involvement in the case of theft. The matter was reported to the local police and on being searched from the possession of one of the persons, two sarees alleged to be stolen and a country-made pistol and some live cartridges were recovered. The appellant and the other accused were, therefore, tried for offence under section 3 and Section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA) and also under section 25 (1 (b) (a) of the Arms Act. The learned Designated court, however, acquitted the co-accused because nothing was recovered from his possession but considering the evidences adduced in the case, the appellant was convicted for the offen