Delhi District Court
State vs Junaid on 9 February, 2026
IN THE COURT OF JUDICIAL MAGISTRATE FIRST
CLASS-02, NORTH EAST DISTRICT, KARKARDOOMA
COURTS, DELHI PRESIDED BY: SH. ANMOL NOHRIA, DJS
STATE Vs. JUNAID
FIR NO. : 177/2023 U/S 25 ARMS ACT
PS : NEW USMANPUR
CNR NO. DLNE020032732023
-: JUDGMENT :-
1.FIR No. 177/2023
2.Unique Case no. 1695/2023
3.Title State vs. Junaid
3(A).Name of complainant Ct. Kishan Lamba ANMOL
3(B).Name of accused Junaid S/o Parvej R/o R-82, NOHRIA
Akhare Wali Gali, New Digitally signed
Seelampur, New Usmanpur, by ANMOL
NOHRIA
Norh-East, Delhi. Date: 2026.02.09
16:31:32 +0530
3 (C). Representation on Ms. Amandeep Kaur, Ld. APP
behalf of State for the State.
4.Date of institution of 05.04.2023
challan
5.Date of Reserving judgment 09.02.2026
6.Date of pronouncement 09.02.2026
7.Date of commission of 02.03.2023 offence State vs Junaid FIR No. 177/2023 PS-New Usmanpur Page 1 of 6
8.Offence complained of S. 25 Arms Act 1959
9.Offence charged with S. 25 Arms Act 1959
10.Plea of the accused Pleaded not guilty
11.Final order ACQUITTED Brief Statement of Reasons for Decision of the Case :-
1. The present prosecution case was put into action with the complaint of the complainant Ct. Kishan Lamba wherein he has stated that he was performing patrolling duty at Ganda Nala, Jagjeet Nagar, 3rd Pusta, New Usmanpur on 02.03.2023. At about 12:15 AM when he reached at Ganda nala, the accused, who was present there stared moving with fast steps after seeing him, and when signal to stop he started running. He was apprehended after running for 20-25 steps and he disclosed his name as Junaid. On cursory search, he was found in possession of one buttondar knife ANMOL NOHRIA lying in his left pocket of his wearing trouser in contravention of Digitally signed section 3 of the Arms Act and has thereby committed offence by ANMOL NOHRIA punishable u/S 25 Arms Act, 1959 and within the cognizance of Date: 2026.02.09 16:31:37 +0530 this Court.
2. On the basis of the complaint, FIR no.177/2023, PS-
New Usmanpur, u/S 25 Arms Act was registered. After completion of investigation, chargesheet was filed for offence u/S 25 Arms Act.
State vs Junaid FIR No. 177/2023 PS-New Usmanpur Page 2 of 6
3. Cognizance was taken and thereafter, charge for the offence punishable u/S 25 Arms Act was framed against the accused on 13.04.2023 to which he pleaded not guilty and claimed trial.
4. Prosecution had named total 04 witnesses in the charge sheet. However, accused did not dispute the registration of FIR by DO/HC Pawan Kumar in view of his statement u/S 294 Cr.P.C/330 BNSS dated 13.04.2023. Accordingly, the said witness was dropped.
5. The case of the prosecution is based upon DAD notification dated 29.10.1980, the violation of which is alleged in ANMOL the present case by the accused. Hence, at this juncture, it NOHRIA becomes necessary to refer to the Judgment of Hon`ble Supreme Digitally signed by ANMOL NOHRIA Court of India titled as Irfan Khan Vs State (NCT of Delhi) SLP Date: 2026.02.09 16:31:41 +0530 S1 no. 12510/2023, wherein it has been held that :-
"9. The DAD notification 29.10.1980, whereby, a buttondar knife having blade dimensions of 7.62 cms or more in length and 1.72 cms or more in breadth has been brought under the mischief of the Arms Act, would be applicable only when the recovered knife is meant for the specified reason i.e., manufacture, sale or possession for sale or test" as indicated in the DAD notification".
Further it has been held that, "simply State vs Junaid FIR No. 177/2023 PS-New Usmanpur Page 3 of 6 carrying a buttondar knife, is not an offence as per the DAD notification and if the possession of the same was not for manufacture, sale or possession for sale or for test. The prosecution would have to at least present the basic allegations constituting the ingredients of the offences in the charge- sheet."
6. In view of the judgment as mentioned above, it is clear that if prosecution fails to mention the specific charges that the possession of knife is for the purpose of "manufacture, sale or possession for sale or test", the prosecution cannot be allowed to improve its case during trial.
7. In the case at hand, the IO has failed to mention in charge-sheet the fact that the accused was having the possession of the knife for the purpose of manufacture, sale or possess for ANMOL sale or test. All the lapses in investigation discussed as above and NOHRIA the fact that the cardinal principal of law cannot be forgotten that Digitally signed by ANMOL the prosecution has to prove its case beyond all reasonable doubts. NOHRIA Date:
Thus, in view of the said observation, PE was closed vide order 2026.02.09 16:31:47 +0530 dated 09.02.2026 on the observation that such proceedings against the accused for contravention of DAD notification dated 29.10.1980 are not maintainable in view of the absence of allegations of sale or test in the charge sheet.
State vs Junaid FIR No. 177/2023 PS-New Usmanpur Page 4 of 6
8. Statement of the accused u/S 313 Cr.P.C read with Section 281 Cr.P.C was dispensed with since there was nothing incriminating against the accused.
9. Thus, the court is of the considered view that prosecution has not been able to prove the guilt of the accused and has failed to prove its case beyond reasonable doubt.
10. Accordingly, accused Junaid S/o Parvej is acquitted for the offence under section 25 Arms Act. His bail bond stands cancelled and surety stands discharged.
11. Bail bonds and surety bonds of the accused stands discharged. Original be returned to rightful owner after cancellation of endorsement. Superdarinama, if any, hereby stands cancelled. ANMOL NOHRIA
12. Accused is directed to furnish bonds in the sum of Digitally signed by ANMOL NOHRIA Rs.10,000/- with a surety of like amount u/S 437A Cr.P.C and is Date: 2026.02.09 16:31:51 +0530 directed to be present before the Ld. Appellate Court as and when directed.
13. This judgment contains 06 pages. This judgment has been signed and pronounced by the undersigned in open court.
State vs Junaid FIR No. 177/2023 PS-New Usmanpur Page 5 of 6
14. Let a copy of the judgment be uploaded on the official website of District Courts, Karkardooma forthwith.
File be consigned to record room after due compliance.
ANMOL Digitally signed by ANMOL NOHRIA NOHRIA Date: 2026.02.09 16:31:56 +0530 Announced in the open (ANMOL NOHRIA) Court on 09th Feb., 2026 JMFC-02/NE/KKD COURTS State vs Junaid FIR No. 177/2023 PS-New Usmanpur Page 6 of 6