JUDGMENT

HARJIT SINGH BEDI, J.—

1.This appeal under section 19 of the Terrorist and Disruptive Activities (Prevention) Act 1987 (hereinafter referred to as the “Act”) has been filed against the judgment of the Designated Court dated 2nd December 2000 whereby all the accused have been acquitted for offences punishable under sections 3 (3) & 4 (1) of the Act though Ajit Singh alone has been convicted under Rule 3/6 of the Pass Port Rules 1950 and awarded a sentence of 6 months simple imprisonment. The facts leading to the appeal are as under:

2.At about 10 a.m. on 12th August 1991 PW7 Hira Lal along with PW9 Sada Nand, Narender Soni, Inspector Customs and several other officers of the department were on patrol duty on the Indo Pakistan Border in Jaisalmer district of Rajasthan. As they reached village Avaya, a Jonga bearing No. RSS 3479 which was coming from the opposite direction was stopped by them as some suspicions had been raised. On enquiry it transpired that the vehicle driver was Shri Ram Vishnoi and the passenger was Ajit Singh @ Jeeta who disclosed that they were returning from the house of Mehardeen son of Allabachaya, a resident of village Avaya, who with the assistance of o