Judgement

JUDGMENT :- This is an appeal against the judgment and order of the Additional Judge, Designated Court, Delhi in Sessions Case No. 47/97, whereby the accused-appellant Sans Pal Singh stands convicted for offences under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 read with Section 25 of the Arms Act and sentenced in a measure disclosed in the order of sentence.

2. The prosecution case was that on 5-2-1991, Head Constable, Sat Pal Singh, P.W. 5 and S.I., Mahipal Singh, PW-6 together with some constables were on duty to check vehicles at G.T. Karnal Road near Model Town police Post. A vehicle was stopped wherefrom alighted the appellant. He swiftly walked towards Gujrawala Town Road which arose suspicion in the minds of the police officers. He was stopped and his search was conducted by the aforenamed two police officials. As a result, a country-made pistol was recovered from the right pocket of his trousers as also two live cartridges. It is on that basis that the appellant was ultimately charged before the Designated Court, convicted and sentenced, as aforesaid.

3. Inter alia, it has been urged by learned counsel for the appellant that it woul