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S.A. BOBDE, J.

The appellants in these appeals are Salim Shamsuddin Shaikh in Criminal Appeal No. 1901 of 2008 (hereinafter referred to as A-2) and Mohmed Rafiq Abdul Rahim Shaikh in Criminal Appeal No. 1078 of 2008 (hereinafter referred to as A-4). The Criminal Appeals are filed against the final Judgment and Order dated 11.09.2007 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal Nos. 635 of 2004 and 912 of 2004 respectively. Wherein, the High Court has dismissed both CHARANJEET KAUR the appeals and upheld the conviction and sentence passed by the Additional Sessions Judge, Ahmedabad in Sessions Case No. 46/1999 and 190/2000. A-4 and A-2 are convicted for offences committed under Section 25(1)(A) read with Section 35 of the Arms Act, 1959 and sentenced to undergo three years rigorous imprisonment and fine of Rs. 5000/-. A-4 and A-2 are also convicted under Section 25 (1AA) read with Section 35 of the Arms Act, 1959 and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 10,000/- each and in default of making payment of fine to undergo six months imprisonment. Both the sentences were ordered to run concurrently. Facts

21. We thus hold that the conviction of Salim Shamsuddin Shaikh (A-2) cannot be sustained and we accordingly set it aside. Accused No. 4 -Mohmed Rafiq Abdul Rahim Shaikh

22. A-4 was implicated when A-1 is said to have disclosed to the police that there are some more arms hidden in another location; Bungalow 19 Satyam Society. A-4 is said to be guilty as he was the occupier of the said bungalow according to the Ahmedabad Municipal Corporation records.

The Search

23. The police entered the bungalow in the presence of two panchas and A-1. The house is a two-storied building with a cellar. The police found a window, which was closed from inside. A-1 stated that the weapons and live cartridges found inside the cellar were stored there by A-3.

32. We, accordingly, set aside the conviction of Mohmed Rafiq Abdul Rahim Shaikh (A-4) under Section 25 (1) (a) & 25 (1AA) read with Section 35 of the Arms Act, 1959. Since the Accused was in jail it is not possible to hold that he was in joint occupation of the house in accordance to Section 35 of the Arms Act, 1959.

33. Both the appeals are allowed accordingly.

….………………………………..J. [S.A. BOBDE] ….………………………………..J. [L. NAGESWARA RAO] NEW DELHI SEPTEMBER 13, 2018