The Appellant-accused has challenged the judgment and order of the learned 7th Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.714 of 2008, under which he has been convicted of offence under Section 5 of the Explosive Substances Act 1908 (the Act) and sentenced to suffer rigorous imprisonment of 5 years, pay a fine of Rs.500/- and in default, to suffer rigorous imprisonment for 1 month.

2.The Appellant-accused has also been convicted under Rule 3 of the Air Craft (Carriage of Dangerous Goods) Rules, 2003, punishable under Section 10 of the Aircraft Act, 1934 and sentenced to suffer rigorous imprisonment for 6 months and pay a fine of Rs.500/- and in default, to suffer imprisonment for 1 month.

3.The accused is stated to be a national of State of Oman. He was admittedly in Mumbai and on 23.7.2008. When the incident took place he was to board the flight for Muscat. At about 16.50 hours his baggage was kept in the baggage machine at Chhatrapati Shivaji International Airport, Sahar, Mumbai. Several sutali bombs, anars, peacock crackers and other dangerous substances were found sealed in his baggage in two pairs of footwear (4 chapples) amongst clothes.

4.