JUDGMENT

The appellant, who was the sole accused in S.C. No. 397 of 1999 on the file of the Additional Sessions Court, Fast Track (Adhoc-I), Kozhikode, challenges the conviction entered and the sentence passed against him by the said court for an offence punishable under Section 9 (B)(1)(b) r/w Section 5 of the Explosives Act, 1884 .

2. The case of the prosecution can be summarised as follows:-

On 23.05.1994, at about 4 p.m., PW1, the Circle Inspector of Police, Balussery received a credible secret information to the effect that explosive substances were unlawfully stocked in Chembottu house bearing building No. I/140 of Naduvannur Panchayat belonging to the accused. Immediately after preparing a search memorandum, PW1 along with his police party including the A.S.I (PW2), proceeded to the said house and reached there at 5 p.m. The house was found locked. The house was opened using a key handed over by PW5 (Ibrahim), the elder brother of the accused. On searching the house, 42 gelatin articles, 300 detonators, 35 rolls of safely fuses and 40 kgs. of diesel salt consisting of ammonium nitrate were found kept towards the western side of the kitchen room. The aforesaid explosive article