JEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The two appellants have been convicted by a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'tada') for the offence under Section 5 of TADA. This appeal is filed by them as of right. We heard Mr. M. S. Gujral, learned senior Advocate and Mr. Rajiv Dutta, standing Counsel for the State of Punjab.

(2.) The gist of the case against the appellants is that they were caught red-handed with explosive substances during the untimely hoursof28.10. 1992 i. e. around 1. 00 a. m. in the night. The contraband articles alleged to have been recovered from them consisted of 100 kgs. of gun powder in 5 bags, 200 detonators, one pistol, another gun and six live cartridges.

(3.) The appellants adopted a defence line in the trial court that they were actually taken into custody by the police on 19.10. 1992 from their village on the basis of some suspicion that they were either terrorists or harbouring terrorists during the troublesome days in Punjab.