JUDGMENT The appellant was tried and convicted under section 5 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,000 in default of payment of fine to undergo further rigorous imprisonment for fix months. The appellant was arrested on 17.5.1990. A pistol is said to have been recovered from him along with two cartridges. The prosecution examined Sub-Inspector Shamsher Singh, PW 4, and Inspector Jaspal Singh, PW 5, to prove the prosecution case. Their testimony was believed by the Designated Court. We have heard the learned counsel for the appellant and the learned counsel for the State of Punjab. It is not necessary for us to discuss the evidence of PW 4 and PW 5 as from the evidence of PW 2, Sham Sunder, Head Constable and armourer, it is not established that the cartridges were sent to him for testing. And as regards pistol there is no material to show that it was sealed at the time of search. The investigation thus suffered from serious infirmity. In these circumstances, the appeal is allowed. In case the appellant is still in jail he shall be released forthwith. The fine, if paid, shall be refunded.