The allegations on which he came to be punished under the said section are as under On 25th August, 1988 when Balkar Sing, ASI with other police officials including Mohinder Singh, ASI was picketing the canal bridge in the area of village Ghariali, the appellant appeared with one 315 bore rifle loaded with a live cartridge and two other live cartridges on his person.
According to him he was arrested a month and 27 days before the so called seizure and he was companyfined to the police station in Valtoha.
The Police Officers Baldev Singh PW3 and Mohinder Singh PW 5 deposed to the seizure of the firearm.
In support of the statement he examined Head Constable Deva Singh of the said police station of Valtoha through him was produced the daily diary under register No.
22 had been altered by overwriting the word rat.
On this line of reasoning he sentenced the appellant under Section 5 and imposed the minimum punishment of 5 years.
Therefore, it was incumbent on the part of the accused appellant to have examined the police officers who had made these alterations.
As regards the defence version the Court was of the opinion that Head Constable Deva Singh was number the person who was incharge of this register No.
The appellant was charged under Section 5 of the Terrorists and Disruptive Activities Prevention Act of 1987 for short TADA .
The description of the firearm was 415 originally that came to be altered as 315.
It is also recorded that on testing the firearm mechanically it was found to be in working order.
He did number have any licence for the possession of the rifle and the cartridges.
The appellant pleaded number guilty to the charge and he took trial.
Further he was number the person who made these alterations.
Thus, the appeal before us.
The stand of the appellant was that he was innocent.
