VIRENDRA KUMAR SRIVASTAVA, J.

1. This appeal has been preferred against judgment and order dated 3.9.2003, passed by Addl. District and Sessions Judge, Fast Track Court No. 3, Kanpur Nagar in Session Trial No. 100 of 2003 (State of U.P. Vs. Qamar Alam), under Section 4/5 Explosive Substances Act, arising out of Case Crime No. 89 of 2000, P.S.- Chamanganj, Distt.- Kanpur Nagar whereby the accused appellant- Qamar Alam (hereinafter referred as appellant) has been convicted under Section 5 of Explosive Substances Act and has been sentenced for rigorous punishment of two years and fine of Rs. 1000/- and in case of default in payment of fine with an additional period of simple imprisonment of two months.

2. The brief facts relevant for disposal of this appeal are that on 23.8.2000 S.O. of P.S.- Chamanganj, S.I. Rajesh Kumar Tiwari (P.W.-2) with S.I.-Anil Kumar (P.W.-1), Const.- Virendra Singh, Const.- Ravindra Kumar Tiwari, Const.-Chhote Singh Yadav was on patrolling duty to maintain law and order and in the search of wanted criminals. When they reached Mohalla-Humayun Bagh in the area of Dalelpurawa, S.I.-K.N. Tripathi and Const. Jawahar Singh, who were also on patrolling duty, met them. Meanwhile, they got an information that two persons, having a stolen scooter and bomb, were coming from Zarif police outpost side and would go towards Chandrika Devi Temple. Upon that information police party, led by S.I. Rajesh Kumar Tiwari (P.W.-2), asked the persons who were passing away (Rahgir), to join them as witness but none had given his assent. The police party along with informer searched out themselves personally and after satisfaction that no objectionable article was with them, stood at north-east corner of Chandrika Devi temple and waited for the persons, as informed by informer. After sometime they saw that two persons were coming by a red colour scooter and grey colour scooter from Zarif police outpost side. On the pointing out of the informer the police party intercepted them, searched them in person and asked their names and address. The person riding on red colour Bajaj Classic scooter bearing Registration No. UP 78 P 6354, told his name-Ziaul Hasan R/o 88/443 Humayun Bagh, P.S. Chamanganj, Kanpur Nagar. He could not produce any paper regarding the scooter but no objectionable article was recovered from him whereas another person told his name as Qamar Alam (appellant) s/o Mohd. Zafar R/o 92/202 Heeraman Ka Purwa, P.S. Bekanganj, Kanpur Nagar. He also could not produce any paper of his scooter. On his personal search two country made bombs were recovered from his left pocket of trouser (Pajama) and other two country made bombs from right pocket of his trouser. All of them were separately packed in small tin boxes, wrapped with black tape. Both the persons failed to give a satisfactory answer regarding absence of papers of their scooters. Thereafter, appellant was arrested for the offence under Sections 41/102/411 IPC and 4/5 Explosive Substance Act whereas other co-accused was arrested only for the offence under Sections 41/102/411 IPC at 20:25 pm.

3. The recovered bombs were kept in a tin container, having water. Seizure memo (Ex.Ka-1) was prepared in the light of torch and bulb and got signed by the member of police party and copy of seizure memo was also given to appellant as well as to other accused. On the basis of seizure memo the first information report under sections 41/102/411 IPC and 4/5 Explosive Substances Act, was lodged at P.S. Chamanganj on 23.8.2000 at 23:05 pm.

4. Investigation of the case was given to S.I. Arun Kumar Shukla (P.W.-4) who during investigation inspected place of occurrence, prepared site plan (Ex.Ka-2). He sent the recovered bombs, after their disposal, to forensic science laboratory for examination and produced the papers before the D.M., Kanpur Nagar for prosecution sanction (Ex.Ka-4) and after investigation he filed charge sheet (Ex.Ka-5) against appellant.

5. During trial prosecution ha