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1 - 10 of 11 (0.48 seconds)Section 2 in The Arms Act, 1959 [Entire Act]
The Arms Act, 1959
Sanjay Dutt vs State Of Maharashtra Tr.Cbi,Bombay on 21 March, 2013
"For prosecution under the Arms Act, it needs to be
proved that the accused had the knowledge or
consciousness of possession. "Possession", for the
purposes of prosecution must mean possession with
the requisite mental element, i.e. conscious
possession and not mere custody without awareness
(refer to Gunwantlal vs. The State of Madhya
Pradesh, AIR 1972 SC 1756; Sanjay Dutt vs. State
through CBI, Bombay (II), (1994) 5 SCC 410)."
Nimesh Kumar vs State (Nct) Of Delhi on 10 August, 2021
In Nimesh Kumar v. State NCT of Delhi & Anr., [W.P.(Crl)
3540/2017], this Court observed as under:
State Of Bihar vs Ramesh Singh on 2 August, 1977
17. The above discussion would ordinarily have
resulted in this Court relegating the matter after
answering the questions referred to - in the manner
indicated above. However, having regard to the
circumstances, all that remains to be seen is whether
the petitioner's claim for quashing is merited. Having
regard to the earlier conclusion recorded, as far as
the facts of this case go, an on an application of the
law declared by Supreme Court in State of Bihar v.
Ramesh Singh AIR 1977 SC 2018 and State of
Andhra Pradesh v. Golconda Linga Swamy & Anr.
AIR 2004 SC 3967 that the charges can be framed
only when there is "reasonable suspicion" or
sufficient material of the alleged offender having
committed the offence -which is entirely absent in the
circumstances of the present case - the impugned
FIR (FIR No.158/2014) and all proceeding
emanating from it deserve to be and is, accordingly,
quashed." (emphasis added)
Section 5 in The Arms Act, 1959 [Entire Act]
Section 45 in The Arms Act, 1959 [Entire Act]
Article 226 in Constitution of India [Constitution]
State Of Andhra Pradesh vs Golconda Linga Swamy And Anr on 27 July, 2004
17. The above discussion would ordinarily have
resulted in this Court relegating the matter after
answering the questions referred to - in the manner
indicated above. However, having regard to the
circumstances, all that remains to be seen is whether
the petitioner's claim for quashing is merited. Having
regard to the earlier conclusion recorded, as far as
the facts of this case go, an on an application of the
law declared by Supreme Court in State of Bihar v.
Ramesh Singh AIR 1977 SC 2018 and State of
Andhra Pradesh v. Golconda Linga Swamy & Anr.
AIR 2004 SC 3967 that the charges can be framed
only when there is "reasonable suspicion" or
sufficient material of the alleged offender having
committed the offence -which is entirely absent in the
circumstances of the present case - the impugned
FIR (FIR No.158/2014) and all proceeding
emanating from it deserve to be and is, accordingly,
quashed." (emphasis added)