ORDER R.M. Sahai,J - The appellant was convicted under Section 5 of the Terrorists & Disruptive Activities (Prevention) Act, 1987 and sentenced to undergo the rigorous imprisonment for five years. He has further been directed to pay a fine of Rs. 200/- or in default of payment of fine to undergo further rigorous imprisonment for three months. 2. The prosecution case was that on 7.9.1989 when at about 5 p.m. A.S.I. Mahabir Singh (P.W. 4) along with Constable Tirpal Singh, Constable Sube Singh and Mohinder Singh P.W. 3 were present on Jakholi Road near the turning of the road going towards Aurangabad, the accused was seen coming on foot from the side of Village Sevli and on seeing the police party he turned back but on suspicion he was apprehended by A.S.I. Mahabir Singh with the help of other police officials. On search a country-made pistol was recovered from his possession. The appellant had no licence for it. The prosecution in support of its case examined four witnesses. The incident of recovery was proved by P.W. 3 Mohinder Singh and A.S.I. Mahabir Singh, P.W. 4. The Designated Court after considering their evidence came to a finding that the discrepancies pointed out on behalf of the appellant did not weaken the prosecution case and consequently the conviction under Section 5 was recorded. 3. We have heard the learned counsel for the appellant and learned counsel for the State of Haryana. We have also gone through the evidence of P.W. 2 Bhim Singh, armourer, P.Ws. 3 and 4. We do not consider it necessary to discuss the evidence in detail as after going through the evidence we find that none of the witnesses have stated that the pistol recovered from the appellant was sealed and sent to the armourer for examination. In our opinion, in absence of sealing there was a serious lacuna in the prosecution case and no reliance can be placed on the report of the armourer. Consequently the conviction and sentence recorded against the appellant cannot be maintained. In the result the appeal succeeds and is allowed. The conviction and sentence of the appellant are set aside. He is on bail. Therefore, he need not surrender. His bail bonds shall be cancelled. The fine, if paid, shall be refunded to him. Appeal allowed. For Citation : 1995 4 Crimes 14