Judgment MILAP CHANDRA JAIN, J. ( 1 ) THIS petition has been filed under Article 226, Constitution of India for quashing the proceedings of the criminal Case No. 61/92 State v. Ghanshyam, pending before the Judge, Designated Court, Ajmer, constituted under the Terrorist and Disruptive Activities Act, 1987 (hereinafter to be called the Act) and directing the release of the accused-petitioner. The facts of the case may be summarised thus. ( 2 ) F. I. R. No. 29192 under Section 25 read with Section 3 of the Arms Act and Section 5 of the Act was registered against the accused-petitioner and others by the Police Station, Pratap Nagar, Jodhpur. In pursuance of the information given by the co-accused Ishtyag under Section 27, Evidence Act two telescopic guns, three telescopes and 147 cartridges were recovered from the house of the accused-petitioner Ghanshyam situated at Bheru Ghat, Pali city. Thereafter, the accused-petitioner was arrested under section 5 of the Act. ( 3 ) IT is contended by learned counsel for the accused-petitioner that section 5 of the Act is not applicable to the area of Pali district as is clear from the notification No. P6 (4) Home - 9/87 dated December, 07, 1991 and as such the arrest of the accused-petitioner is totally illegal and the proceedings commenced under section 5 of the Act, against him in the Designated Court are without jurisdiction. He further contends that the Designated Court may be directed to forthwith decide the petitioners application dated 30. 1. 1993 (Annex-10) moved under Section 18 of the Act. ( 4 ) THE learned Addi. Advocate General and the Standing Counsel for the Union of India fairly concede that Pali has not been declared as a notified area under the Act and recovery of the said arma and ammunition was made from the house of the accused-petitioner situated at Bheru Ghat, Pali City. ( 5 ) SECTION 5 of the Act runs as under: 115 Possession of certain unauthorised arms, etc. , in specified areas. ( 5 ) SECTION 5 of the Act runs as under: 115 Possession of certain unauthorised arms, etc. , in specified areas. Where any person is in possession of any arms and ammunition specified in Columns 2 and 3 of Category I or Category III (a) of Schedule Ito the Arms Rules, 1962, or bombs, dynamite or other explosive substances un-authorisedly in a notified area, he shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine. T ( 6 ) ADMITTEDLY, the aforesaid arms and ammunition were recovered from the residential premises of the accused-petitioner situated in the town of Pali which has not been declared as a notified area within the meaning of section 2 (f) of the act As such the above-quoted provisions are not attracted in this case. The case of the prosecution is that the accused petitioner has been found in illegal possession of the aforesaid arms and ammunition. As such offence punishable under section 25 read with section 3 of the Arms Act is made out against him. As the provisions of Section 5 of the Act are not attracted in this case, it is incumbent upon the Designated Court to proceed under Section 18 of the Act and transfer the case for trial against the accused-petitioner for offence punishable under section 25 read with section 3 of the Arms Act to the Court of competent jurisdiction. ( 7 ) IT would not be appropriate for us to pass an order for the release of the accused-petitioner. He may move an application for his release on bail before the Court where the case is transferred under Section 18 of the Act. ( 8 ) ACCORDINGLY, the writ petition is partly allowed and is disposed of as stated above. ( 9 ) ANY observation made hereinabove will, not prejudice the case of either party under Section 25 read with section 3 of the Arms Act. Petition allowed partly.