( 1 ) THE purpose of this order is merely to indicate the reasons for referring the matter to the Constitution bench.

( 2 ) SECTION 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) provides:

"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 substances unauthorisedly in a notified area, he shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine. "

( 3 ) ACCORDING to this section, unauthorised possession of any of the specified arms and ammunition [specified in Columns 2 and 3 of Category I or Category iii (a) of Schedule I of the Arms Rules, 1962] or bombs, dynamite or other explosive substances in a notified area is sufficient by itself to attract the provision. Mens rea is not an ingredient of the offence. The non obstante clause "notwithstanding a