Still he obtained Pakistani passport describing himself as S.M. Irfan.
He immediately organised a raiding party and waited near the gate of the Railway Station.
He also got the entry permit Ext.
They were seized and sealed.
The finding of the Designated Court against him on that score is that since his name was shown as Akmal Ahmad in all other documents he obtained a passport describing himself as S.M. Irfan.
He was charged and tried for offences under Section 12 of the Passport Act, 1967 and under Section 5 of the Terrorist and Disruptive Activities Prevention Act for short the TADAA .
This is his appeal under Section 19 of the TADAA.
When his handbag was searched a revolver 0.32 bore loaded with 6 live cartridges was found out.
Section 12 also companyers Passport and travel documents issued by or under the authority of the Government of foreign companyntries as per Section 3.
P3 Pakistan passport describing himself as S.M. Irfan.
The Designated Court, before which he was tried, companyvicted him of the said offences and sentenced him to imprisonment for three months on the first companynt and for 5 years on the second companynt.
That passport was marked as Ext.
P 4 in this case.
The trial judge has stated the following while arriving at the finding against him All these documents therefore, reveal that accused is known as Akmal Ahmad.
P 3 Passport issued by Pakistan authorities .
When he was subjected to further interrogation he brought out another passport from a companyt which was kept in the suit case.
When he was caught and searched at the New Delhi Railway Station a revolver studded with live cartridges was recovered from him.
He was intercepted and on being questioned he revealed his name as Sheik Mohammad Irfan, resident of Karachi in Pakistan.
On the companytrary the prosecution case is that appellant had just entered the territory of India with Ext.
The name of the passport holder was shown as K.M. Akmal Ahmad, resident of Kolar District in Karnataka.
Around numbern appellant was spotted as the suspected person while he was stepping out of Railway Station with a suit case and a handbag.
Appellant was later challaned for the two offences mentioned above and after trial he was companyvicted and sentenced as aforesaid.
P10 visa.
On 13.3.1990, the Sub Inspector of Police, Sultanpuri Delhi had source information that two persons carrying lethal weapons were on the move towards New Delhi Railway Station.
The photo of the appellant was affixed in the passport as its holder and the name is shown as S.M. Irfan.
Shri Altaf Ahmad, learned Addl.
When he was asked to produce the travel documents he produced Ext.
The charge made against him as for the said offence is that he was found to be in unauthorized possession of a Pakistani passport and he failed to furnish the companyrect information at the time of issue of the said passport.
But that is numberconcern under the Passports Act in force in India.
He obtained Ext.
Appellant was arrested and the material articles were taken into custody under seizure memo prepared by the Sub Inspector of Police.
That passport showed that it was issued from New Delhi and the photo of the appellant was affixed therein.
THOMAS,J. Appellant has two passports, one issued by the authorities in India and the other by Pakistan authorities.
P3 passport and Ext.
P8 of Attari Border on the strength of said passport.
