arms."
Rule 3 of the Arms Rules, 1962 prescribes that for the
purposes of the Arms Act, 1959 and the Rules, "arms ... excluded from the classification of prohibited bore
weapons, import of which is prohibited under the Indian
Arms Act . Some doubts also been raised
arms Act is worth to be looked into which reads as under :
"27. Punishment for using arms etc.--(1) whoever uses any arms ... prohibited arms includes those arms also which have been notified by the Central Government by notification in official gazette specify any arms as prohibited arms
thus committed offence of
possession of unlicensed and prohibited arms in contraventions of
Sections 3 & 7 of the Arms Act. He was also charged ... reads as follows:
" Section 7 - Prohibition of acquisition or possession, or of
manufacture or sale of prohibited arms or prohibited
ammunition
No person shall
Arms Act and sentenced him to death. The Section 27 . Of the Arms Act provides. Punishment for using arms, etc.-(1) Whoever uses any arms ... notification in the Official Gazette, specify to be prohibited ammunition;
(i)prohibited arms" means-
(ii) firearms so designed or adapted that, if pressure
Section 5 prohibits possession of arm
and firearm without any license and Section 7 of the Arms Act prohibits
use of arm and firearm which ... offences--
(1A)Whoever acquires, has in his possession or carries any
prohibited arms or prohibited ammunition in contravention of
section 7 shall be punishable with
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
read with Section 34 IPC, besides,
Sections 25 and 27 of the Arms Act to be made out against the accused. The
offence under Section ... Arms Act. Fourthly, on the same date, time
and place Suraj Ahluwalia (appellant) after taking over carbine (prohibited
bore) from his gunman co-accused Gurprem
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
Indian
Arms Act; it is incumbent upon prosecution to prove that
the arms found with accused falls in category of prohibited
arms as defined ... carrying such arms in
the prohibited area. Only in the eventuality, a person is
found in possession of prohibited arms in contravention of
the provisions
that under its
provisions an application for a prohibited arms is not to be
ordinarily allowed, whereas, an application for a non-prohibited
arm ... 6137/2019
heinous crimes, otherwise all applications for licences for non-
prohibited arms must be allowed. The aforesaid interpretation is
also in consonance with Sections