JUDGMENT

N.S.Shekhawat, J. (Oral) - The present appeal has been directed against the impugned judgment of conviction and order of sentence dated 18.12.1999 passed by the Court of learned Additional Sessions Judge, Gurdaspur, whereby, the present appellant had been convicted under Section 5 of the Explosive Substances Act (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1,000/- and in default of payment of fine, he was further sentenced undergo simple imprisonment for one month.

2. The brief facts of the case are that on 29.10.1995, SHO Gurdial Singh alongwith ASI Jaswinder Singh, Constable Gurdip Singh and other police officials held a Naka at Simble Chock, Pathankot on the directions of the Deputy Superintendent of Police. A jeep bearing registration No. HP-02-3098, being driven by the accused was seen coming from the opposite side, which was stopped by the police party. It was checked by the police party and on the search two gunny bags were recovered from the spot from the seat of the jeep. The two gunny bags were opened and it was found that there was explosive substance in the same. Two sam