1. In this appeal preferred under Section 34 of the Prevention of Terrorism Act, 2002 (for brevity 'the POTA') the defensibility and pregnability of the order dated 29-11-2005 passed by the Special Court under the POTA at Jabalpur in Misc. Cr. No. 3439/2005 whereby the Designated Court has declined to admit the appellant to bail has been called in question.

2. The factual score as frescoed is that the house of Uday Pratap Singh, the father of the accused appellant, was raided in pursuance of execution of warrant of arrest in connection of Crime No. 93/93 under Section 2/3 of the Gangster Act pending before the learned Special Judge, Allahabad. During the raid the concerned police officer and his team found Uday Pratap Singh standing with one AK 56 rifle with black colour belt hanging on his right shoulder. On being asked to produce the licence, said Uday Pratap Singh could not produce the licence nor was he ready to divulge how he had acquired the said weapon along with the bullets. When they entered into the bedroom they found certain other articles which are impermissible to be retained under POTA. The Investigating Officer while preparing the recovery memorandum disclosed