2. On consensus of the Learned Counsel for the parties the appeal is taken up for final disposal.

3. This is an acquittal appeal directed against the judgment of Learned Sessions Judge Jammu dated 22nd February 2006 in case titled State v. Balkar Singh and others (File No. 95/Sessions) under Section 3 EAO and Section 7/25 Arms Act. The appeal arises in the following circumstances:-

4. The troops of 143 Bn. BSF on 29th August 2001 noticed movement of two persons near sub distributory No. 17 of India Pakistan Border. The suspected were allegedly called by Sh. Raja Ram and Satish Kumar --BSF personnel, were upon the suspected made an attempt to run away but were given a chase and caught by BSF personnel. Shri A.K. Pandey Coy Commander was informed and suspects -accused 1 and 2 questioned. The accused allegedly spilled beans and admitted to have concealed some explosives between border observation post 15 and Chowani. The search operation is said to have lead to recovery of improvised explosive devices weighing 1.5.Kilogram and 1. Kilogram and four time pencils. The explosives allegedly were brought by the accused 1 and 2 (respondents 1 and 2) from across border and concealed to