also proved
that accused Jitender was in possession of
sword, prohibited arm?
9. While convicting the accused in relation to
the charge of murder, trial ... factum of destruction of evidence or sword (Ex.P-1), a
prohibited arm, to have been carried without licence.
43. Trial Court, in the absence
beyond reasonable doubt that accused
Taranjit was in possession of sword,
prohibited arm and in furtherance of
common intention with his co-accused
Taranjit ... factum of destruction of evidence or sword (Ex.P-1), a
prohibited arm, to have been carried without licence.
43. Trial Court, in the absence
which provides punishment for
selling or offering for sale any prohibited arm or
prohibited ammunition in contravention of Section ... arm
does not find mention in the details of restricted or
prohibited arms provided in Categories I, II and IV in the
Schedule whereas Category
with a
knife/dagger, of a length of 17 inches, a prohibited arm
and as such, committed an offence punishable under the
provisions of Section
possession of
arms". Sub para (ii) of the same reads as under:
"ii) Grant of Arms Licence for Non-Prohibited Bore (NPB)
weapons ... section 5 where such licence is
required in respect of any prohibited arms or prohibited ammunition;
(b) a licence in any other case under Chapter
extent such innocent person is punished
and sentenced.
Section 25 of the Arms Act:
25. Punishment for certain offences.―1
[(1) Whoever--
(a) manufactures, obtains ... Whoever acquires, has in his possession or
carries any prohibited arms or prohibited
ammunition in contravention of section 7 shall be
punishable with imprisonment
arms were found uploaded. The police
searched the house, but no prohibited arms were recovered. The
police seized the mobile phone. The petitioner had shared ... undisputed that no prohibited weapon was
recovered from the petitioner. Thus, merely posting the
prohibited arms forming the name of a person does not amount
powers of High Courts expressly or by implication against
military or armed forces disputes. The limited ouster
made by Article 227 (4) only operates ... appeals before the
Supreme Court from an order of armed forces tribunals,
but would not prohibit an appeal to the Supreme Court
against the judicial
HCHP
14
Court was concerned with unauthorized possession of arms
and ammunitions under the Prevention of Terrorism Act, 2002 .
It was observed by this Court ... State of U.P. as a notified area, thereby prohibiting and
criminalizing possession of certain arms in the notified area
.
under Section
Arms Act , is to preempt besides is to prohibit the
holder of an expired arms licence, to thereafter
make its personal use or facilitate ... manufacturer of
arms or ammunition nor a seller of arms and ammunition.
5. Licence for manufacture, sale, etc., of arms
and ammunition.- (1) No person
