1. Through the medium of instant criminal acquittal appeal challenge is thrown to the judgment dated 02.01.2014 passed by the learned Special Judge (Principal Sessions Judge) Jammu (hereinafter referred to as 'the trial court'), whereby and whereunder the trial court has acquitted the Respondents (hereinafter referred to as A - 1 Tajinder Singh and A - 2 Ravinder Singh) of the charges under Sections, 4/5 Explosive Substance Act, 7/25 Arms Act and 120 - B RPC, respectively.

2. Before adverting to the grounds of challenge, it will be profitable to take note of the prosecution case in brief.

3. FACTUAL MATRIX
The accusations germane lead to the trial of A - 1 Tajinder Singh and A - 2 Ravinder Singh are that on 24.08.2005, a source information was received by PW - 6 Diwakar Singh (SHO Police Station, Gandhi Nagar) that A - 1 and A - 2 who bore allegiance to militant organization, operating under the name and style of; K.Z.F., which is controlled by Ranjeet Singh @ Nita group and are operating under the diktat of Pakistan's Inter Services Intelligence (I.S.I.) with the design and purpose to disturb the peace, tranquility, integrity and sovereignty of the country, and are seducing the youth of Satwari; Gadigarh and Gandhi Nagar, in Jammu to join the K.Z.F., a terrorist organization. The information also said to have been reached that the accused have concealed at some unknown place prohibited arms and ammunition, so as to commit heinous offence(s).

4. On receipt of this information, a case being FIR No. 195/2005 under S.121, S.121-A, S.122, S.123, S.120-B RPC came to be registered and investigation entrusted to PW - 8 Vikas Gorkha (Sub-Inspector). During investigation, the police party of Police Station, Gandhi Nagar in collaboration with police party of Police Station, Satwari arrested the accused during naka laid at Satwari Chowk.

5. During interrogation, A - 1 and A - 2 said to have made disclosure statements that they have concealed at Sajadpur, prohibited arms and ammunition, namely, AK 56 Rifle, two magazines, containing 99 live cartridges and 30 rolls of explosive substance, namely, RDX near Nikki Tawi in the bushes beneath the earth in a plastic bag.

6. Accordingly, other codal formalities were completed, including disclosure statements were recorded and thereafter at the instance of the accused the alleged recovery of the prohibited arms and ammunition was made, site plan drawn, seizure memo(s) prepared, samples drawn and sent for examination etc.

7. On the basis of the material collected during investigation it came to fore that the accused have received the consignment of prohibited arms and ammunition from one Bua Ditta alias Suman S/O Dev Raj Caste Brahmin R/o Tehsil Akhnoor. The said Bua Ditta said to have received the alleged prohibited arms and ammunition from across the border, and has absconded.

8. Therefore, it was concluded by the investigating officer that the accused have procured the prohibited arms and ammunition for subversive activities, which were buried at Sajadpur, recovery whereof was made on disclosure of the accused.

9. On completion of the investigation, final police report was laid before the competent court and on committal vide order dated 23.05.2007 formal charges for commission of offences under S.4/5 ESA, 7/25 Arms Act and 120-B RPC were drawn up against the accused and on their denial, the trial commenced.

10. During trial the prosecution has examined, as many as, 12 witnesses out of listed 18 prosecution witnesses. When the accused were examined under S.342 CrPC so as to explain the circumstances appearing in the prosecution evidence against them, the accused while denying the veracity of the prosecution case submitted that a false case has been foisted on them, however, despite opportunity was granted they did not lead evidence.

11. The trial court on appreciation of evidence and material produced during the trial, acquitted the accused vide the impugned judgment.

12. It is noteworthy that t