Sanjiv Khanna, J.

1. These three appeals have been preferred by Noor Mohd. Tantray, Parvez Ahmed Mir, Farooz Ahmed, Raees-uz-Zama, and Atique-uz-Zama, who for the sake of convenience have been referred to as A1, A2, A3, A4 and A5. A4 and A5 are brothers. The appellants, i.e., the five accused, have been convicted under Sections 3(3), 3(5) and 4 of Prevention of Terrorism Act, 2002 (hereinafter referred to as, POTA) and sentenced to life imprisonment and fine of Rs.5,000/-for each offence. The appellants have been convicted under Section 20 of POTA and sentenced to Rigorous Imprisonment for 10 years and fine of Rs.5,000/- each. The appellants have also been convicted under Sections 121, 121A and 122 of the Indian Penal Code, 1860 (IPC, for short) and sentenced to life imprisonment and fine of Rs.5,000/- each and Section 123 IPC and sentenced to Rigorous Imprisonment for 10 years and fine of Rs.5,000/-each. The appellants have been convicted under Sections 4 and 5 of the Explosive Substances Act, 1908 and have been sentenced to life imprisonment and Rigorous Imprisonment for 10 years, respectively, with fine of Rs.5,000/- on each count.

2. In the charge sheet, one Rajender Prasad Goel was arraigned as an accused, but in view of exculpating findings of the POTA Review Committee an application was moved by him before the Sessions Court and the case against him, was withdrawn vide order dated 18th February, 2005.

3. The prosecution case in nut-shell is that on 30th August, 2003, accused A1 to A3 were apprehended in a raid on Truck No. JK 03 0153 at Qutub Road parking lot and 10 hand grenades, 10 grenade shells and a grenade launcher was recovered. They were arrested. On the same night at about 9.15 P.M. in a police encounter at Indraprastha Park two persons Zahoor and Habib were killed. The said encounter and alleged recoveries were subject of a separate FIR No. 445/2003, Police Station Nizamuddin which is not the subject matter of the present impugned judgment and the appeal before us. A1 (Noor Mohd. Tantray) disclosed about involvement of A4 and A5 and a raid was conducted at their residence in Sikandrabad, U.P. on 14th August, 2003 morning. From A4, eighteen (18) electronic detonators and from A5 five (5) electronic detonators and three (3) remote controlled detonating devices were recovered. The allegation is that the five appellants were members of Jaish e-Mohammad (JeM) a banned organization under the Unlawful Activities (Prevention) Act, 1967. The prosecution further alleges that at the pointing out of A1, hawala money of Rs.19.20 lacs was recovered from House No. A-44, Mohindra Park, Azadpur, Delhi. It is alleged that this money was to be delivered to Zahoor and Habib. Recovery of hand grenades/shells/launcher.

4. To prove and establish recovery of 10 hand grenades, 10 grenade shells and one grenade launcher on 30th August, 2003 from A1 to A3, the prosecution relies upon the testimonies of police officers SI Umesh Barthwal (PW-33), Inspector Hridey Bhushan (PW-43), ASI Rakesh Ahluwalia (PW-39), Inspector Arvind Kumar (PW-35) and Inspector Govind Sharma (PW-49). The prosecution also relies upon the statement of public witness Sanjay Rai (PW-41), a parking attendant at the Qutub Road parking.

5. SI Umesh Barthwal (PW-33) has deposed that he was briefed by the then ACP Rajbir Singh regarding information received from Central Intelligence Agency that terrorists belonging to JeM were using fruit laden trucks from Kashmir to Delhi to carry arms, ammunitions and explosives. As per the computer records, one such truck with registration No. JK 03 0153 had entered Azadpur Mandi, New Delhi on 28th August, 2003 at 10.55 P.M. but, thereafter, could not be located. Different teams were sent to trace the truck and he, along with ASI Rishi Pal, was sent to Central District. ASI Rishi Pal spotted the truck at Qutub Road parking, Sadar Bazar, Delhi, at about 2.00 P.M. and he immediately informed the senior officers. A team comprisi