G.K.MITTER, P.JAGANMOHAN REDDY, K.K.MATHEW
Gunwantlal – Appellant
Versus
State Of M. P. – Respondent
Question 1? What is the meaning of "possession" under Section 25(1)(a) of the Arms Act: whether it requires actual physical possession or may include constructive possession and knowledge/awareness regarding the weapon? Question 2? How does a charge under Section 25(1)(a) relate to the sanction under Section 39 of the Arms Act: whether a charge can travel beyond the sanction or beyond the specifics stated in the sanction? Question 3? What is the correct framing of the charge (on or before vs. on or about) in relation to the sanction and formality of the complaint?
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Judgment
P. JAGANMOHAN REDDY, J.:- This appeal is by Special Leave challenging the judgment of the High Court which dismissed a Revision petition filed by the appellant against the framing of a charge by the Magistrate of the Ist Class, Neemuch. The charge was that on or before 17-9-1966 at Neemuch, the appellant was found in possession of and having control over one revolver without a valid licence and that by so doing had committee an offence under Section 25 (1) (a) of the Indian Arms Act (hereinafter called the Act).
2. It appears that one Miroo who was accused of an offence under Section 302 of the Indian Penal Code gave information to the Police on 16-9-66, during the course of an investigation of that offence, that the appellant had given him a revolver which he had kept with one Chhaganlal at the Village Karoonda in the State Rajasthan. On that information, the revolver was seized from the said Chhaganlal on the next day namely on 17-9-1966. The Police at Neemuch applied for sanction under Section 39 of the Act to prosecute the appellant for an offence under Section 25 (1) (a) of the Act. The sanction was granted by the District Magistrate, Neemuch on 4-11-1967. The sanction
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