ORDER : G.N. Ray, J. - This appeal is directed against the conviction of the appellant under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, (hereinafter referred to as TADA) and also under Section 25 of the Arms Act, for alleged unauthorised conscious possession of a country-made pistol of .303 bore and five live cartridges. The learned Designated Court has convicted the appellant and sentenced him to suffer rigorous imprisonment for 5 years and also to pay a fine of Rs 100, in default to suffer rigorous imprisonment for one month for such alleged possession of the said country-made pistol and cartridges. It, however, appears that the alleged country-made pistol was not sealed at the time of the seizure. An Armourer has been examined to prove the workability of the country-made pistol. Such examination by the Armourer has been made after 20 days from the date of the seizure of the pistol. Since the identity of the pistol which was given to the Armourer for testing cannot be established for want of proper sealing of the seized articles, we do not think that the conviction and sentence can be passed against the appellant. We, therefore, allow the appeal and set aside the conviction. If the fine has been realised from the appellant, the same should be refunded to him. The appellant should be forthwith released if he is not wanted in connection with any other case. Appeal allowed.