(1.) THE appellant has been convicted under Section 25 of the Arms Act, 1959 and Section 5 of the TADA Act, 1987 as he was found in possession of one DBBL gun 12 bore and five live cartridges on 17.3.1992/18.3.1992. The trial Court relying upon the evidence of ASI Balbir Singh and PW 4 Man Singh who were the members of the police party held that it was proved by the prosecution that the appellant was in possession of those articles. The trial Court further held that as the gun was found loaded, it can be presumed that it was in working order. Taking this view, it convicted the appellant, as stated above.