JUDGMENT

C.K. Thakker, C.J. -This appeal is filed by the State against an order of acquittal recorded by Additional Chief Judicial Magistrate, Sirmaur District at Paonta Sahib in Criminal Challan No. 147/3 of 1994 dated June 4, 1996.

2. The case of the prosecution was that PW -5 Station House Officer Hardesh Bisht, was investigating a criminal case being FIR No. 20 of 1993 instituted under the provisions of Sections 3 and 4 of Terrorist and Disruptive Activities (Prevention) Act, 1987 read with under Section 25 of the Arms Act and Section 307 of the Indian Penal Code against Bhupinder Singh and Tejinder Singh. During interrogation, it was revealed that the accused were supplied arms and

ammunitions by Shahbaz Khan (respondent accused in the present-appeal). Said Shahbaz Khan belonged to Village Kailashpur, District Saharanpur (D.P.) and was helping terrorists and their associates. He was tenant of one Akbar Ahmed of Village Matralion, Tehsil Paonta Sahib. The Investigating Officer was also informed that if a search would be carried out immediately, lot of arms and ammunitions could be recovered from the house of Shahbaz Khan. On apprehension of arms and ammunitions being removed fr