ORDER :

R.C. Lahoti, J. - The appellant has been held guilty of an offence punishable under Section 25 of the Arms Act and sentenced to 3 years R.I. with a fine of Rs. 50,000/-, in default to further undergo one year's R.I. He has also been sentenced under Section 5 of the TADA (P) Act and sentenced to 10 years' R.I. with a fine of Rs. 5 lakhs and in default, to further undergo one year's R.I.

2. This appeal accompanied by an application for suspension of sentence of imprisonment came up for hearing before this Court on 1.5.2003 and again on 22.7.2003. On each occasion, the hearing of the bail application was adjourned. As required by Rule 5 Order 20D of the Supreme Court Rules, 1966, the paper books have to be prepared by the State concerned and filed within thirty days from the settlement of index and the appeal has to be heard on the paper books filed by the State Government. Though the paper books have been filed belatedly on 14.8.2003, but they are not yet complete and the appeal cannot be heard.

3. The learned counsel for the appellant submitted that on the material available on record, the charge under Section 5 of the TADA (P) Act cannot be substantiated and so far as the conv