H.K.Chaudhuri, J.

1. The learned Assistant Sessions Judge for Jamshedpur has convicted the appellant under Sec. 5 of the Explosive Substances Act and sentenced him to undergo rigorous imprisonment for a period of five years.

2. The prosecution case was that at about 10-30 p.m. while Ramkrit Singh (P.W. 9), a constable attached to Golmuri police station an the town of Jamshedpur, was proceeding to his standpost duty he found the appellant lying on a pucca platform known as Golchakkar near the railway bridge. On being questioned as to why he was there at such a late hour the appellant said that he was waiting there to meet a person from the factory. The constable told him that all the factory people had gone away & the appellant should go and stay at the railway platform. As the appellant rose to go with his jhola the constable enquired what the Jhola contained. The appellant replied that it contained clothes and a bomb.

On being asked to show the contents of the jhola the appellant showed the constable "two wires and two pieces of masala". He added that the articles could be used to blow up a building in a moment.

The constable thereupon took the appellant to Jug-salai thana