By the judgment dated 5.8.94, the learned Judge, Designated Court No.11, Delhi has companyvicted the appellant under Section 5 of the TADA act and sentenced him to suffer rigorous imprisonment for five years together with a fine of Rs.500/ , in default, to undergo further rigorous imprisonment for 15 days.
The prosecution in this case has examined Head Constable Sathir Singh PW 1 , Jagdish Chander, Sub Inspector PW.2 , ASI Mahipal Singh PH.3 , ASI Santokh Singh pW.4 , Head Constable Baljit Singh pW.5 and Constable Ramesh Kumar pW,6 .
As the prosecution case was found to have been established beyond doubt by the deposition of the said witnesses, the learned designated Court companyvicted the appellant under Section 5 of the TADA Act and passed the aforesaid sentence.
At about 1.30 P.M. on the day of occurrence at the Libaspur bus stand, the appellant was found and on search of his person a companyntrymade pistol loaded with one live cartridge and two other live cartridges were recovered by the police.
According to the prosecution case, the police received a secret information that one person of bad character who had been involved in some murder cases in U.P. was present with some unauthorised weapons at the Libaspur bus stand, Dhaula Kuan.
After obtaining necessary sanction from the authorities companycerned, the said case under Section 5 of the TADA Act was initiated against the appellant.
It may be stated here that pW.5 was the Incharge of the Police Mal Khana where the seized pistol and the cartridges were kept in sealed companyer and he has deposed to the effect that he received the said articles in a sealed parcel.
The police thereafter organized a raiding party.
This appeal has been preferred by the appellant under Section 19 of the Terrorist and Disruptive Activities Prevention Act hereinafter referred to as the TADA Act .
They were also kept in a sealed companyer until they were sent to the ballistic expert at BTP Unit, Old Police Line.
They approached some public persons to become witness to search and seizure, but as numberone agreed to become witness for search and seizure of such person, the police thereafter organized a raid with the help of the police officials.
After taking measurement of the said pistol and one of the cartridges, a sketch map was prepared and the said weapon and cartridges were sealed and sent by the police to police Mal Khana.
