The court emphasized the necessity of wrongful intention for the offence under the Arms Act and the requirement of renewal of the license as per the legal provisions.

JUDGMENT :

1. The petitioner is the sole accused in the proceedings in Crime No.0237/2013 subsequently registered as Spl.CC No.827/219 and has sought for quashing of the entire proceedings in pursuance of the FIR in Crime No.160/2013 dtd. 7/6/2013 at Annexure-A, the FIR in Crime No.0237/2013 dtd. 30/8/2013 at Annexure-B and the complaint dtd. 14/3/2013 at Annexure-C and the Charge Sheet dtd. 27/2/2014 at Annexure-D and has also sought for setting aside of the proceedings in Spl.CC No.0827/2019 registered on the basis of the charge sheet at Annexure- D for the offences punishable under Ss. 21(1) R/w Sec. 25(1B)(h) of the Arms Act, 1959 (hereinafter referred to as 'the Act' for brevity).

2. It is stated that the accused was holding a Arms Licence No.10/2004-05 in respect of 32 NP Bore Revolver No.752708, which licence had expired on 31/12/2009 and that the accused had deposited the weapon on 10/11/2011. It is further submitted that an application for renewal of licence on 16/11/2011 was filed, meanwhile, proceedings were initiated under the provisions of Sec. 21 and 25(1B)(h) of the Act on the ground that the accused without applying for renewal of licence had possessed the weapon without depositing the same. A case came to be registered against the accused in Crime No.160/2013 for the offences punishable under Sec. 25(1B) of the Act. In light of aspect of jurisdiction, same case came to be transferred to Bruce Pete Police Station, Bellary, where FIR came to be registered against the accused in Crime No.237/2013 for the offence punishable under Sec. 25 (1B) of the Act. It is further submitted that after investigation by respondent No.1, charge sheet for the offences punishable under Sec. 21 r/w Sec. 25 (h) of the Act came to be registered in C.C. No.752/2014. It is submitted that thereafter the case stood transferred to the Special Court and came to be registered as Spl.CC No.827/2019.

3. The present petition has been filed calling in question the validity of the proceedings and seeking for quashing of FIR and complaint at Annexure-A, B and C respectively and charge sheet at Annexure-D and to set aside the proceedings in Spl.CC No.827/2019.

4. It is the contention of the petitioner that the Sanction Order is invalid as the complainant himself has issued the Sanction Order. It is submitted that the question as to whether the Sanctioning Authority was satisfied with the material placed before it would not arise as the Sanctioning Authority was naturally interested in prosecuting the accused.

5. It is further submitted that the complaint at Annexure-C cannot be construed as a 'complaint' as the ingredient of Sec. 154 of Cr.PC are missing as it was a mere reminder to the Superintendent of Police, Bellary to take action against the accused. It is contended that for the purpose of imposing penal consequences, there must be 'wrongful act' and 'wrongful intention' and mere wrongful act itself is not sufficient for punishment. It is submitted that the 'act' would not constitute a 'crime' unless it is done with a guilty intention.

6. It is submitted that the accused being a member of Legislative Assembly, Bellary and the President of KMF has forgotten in his busy schedule to get the licence renewed on time. It is further submitted that during the period of expiry of licence, nothing is placed by the prosecution as to whether the weapon was used by the accused. Accordingly it is submitted that there was no wrongful intention on the part of the accused and that there was a bona-fide lapse in getting the licence renewed on time.

7. It is further submitted that in light of Rule 27 of the Arms Rules, 2016, the accused has paid Rs.360.00 and filed an application for renewal of licence on 16/11/2021. Hence, the complainant being the authority for renewal of licence ought to have renewed the licence by collecting fee of Rs.2000.00.

8. It is further submitted that though the complaint at Annexure-C is dtd. 14/3/2013, case came to be registered only on 7/6