(1) THIS appeal is by special leave and is directed against the judgment of the Delhi High court reversing the acquittal and convicting the appellant under S. 27 of the Arms Act. In the night of 8/12/1977, the appellant was found to be in possession of 18 kilograms of charas and a loaded pistol and was prosecuted for offences under S. 61 of the Punjab Excise Act and S. 27 of the Arms Act. The charas and the fire-arm which were said to have been recovered from his possession were seized. The trial court acquitted the appellant of both the charges when it found that the seized article was not charas but turned out to be agarbattis. It also found that though the offences under the Excise Act and the Arms Act were alleged to have taken place at one point of time, the prosecution for the excise case was contemporaneous while the first information report relating to the recovery of the fire-arm was lodged 36 days after and there was no explanation as to why initiation of the two prosecutions was bifurcated, in the manner indicated above. The respondent carried an appeal against the acquittal in relation to the offence under the Arms Act but did not challenge the acquittal under t