Back
PRAKASH D. NAIK
Manohar Singh Dasauni – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
1. The petitioner is charged for the offence under Sec. 3 read with Sec. 25 of the Arms Act.
2. The proceedings are pending before the Court of learned Judicial Magistrate First Class, 'A' Court, Vasco-da-Gama vide Criminal Case No.382/AOA/2020/A.
3. The prosecution case in short is that on 25/2/2019 the petitioner was to travel from Dabolim airport, Goa to Delhi by Air Asia flight. During security check two live standard ammunition of .22 calibre cartridges were found in his baggage without valid documents/licence to carry the same. FIR No.3/2019 was registered with Dabolim Airport Police Station for offence under Sec. 3 read with Sec. 25 of Arms Act. Applicant was arrested and granted bail. Statements of witnesses were recorded. The Dabolim Airport Police Station wrote letter to Station House Officer, Cyber Police Station, Dehradun, Uttarakhand dtd. 15/3/2019 and requested to provide information whether any criminal case is registered against the applicant. The Cyber Police Station, Uttarakhand forwarded reply dtd. 28/3/2019 stating that no case is registered against petitioner or his family members. Sealed packet containing two .22 calibre live ammunition, found in p
The essential requirement for an offense under Sections 3 and 25 of the Arms Act is 'conscious possession' of the ammunition, which must be proven by the prosecution; mere possession without knowledg....
The central legal point established in the judgment is the requirement of conscious possession and the need for the accused to establish lack of awareness or inadvertent possession to avoid trial in ....
Possession of ammunition under Section 25 of the Arms Act requires conscious possession, and a single live cartridge without a firearm may not constitute an offense if the possession is not conscious....
Where admitted allegations in final report do not make out an offence, continuance of prosecution against accused amounts to abuse of process of court and inherent jurisdiction can be exercised to qu....
The main legal point established in the judgment is that 'possession' under the Arms Act must have the element of consciousness or knowledge, and even if the factum of physical possession is made out....
Conscious possession is required for prosecution under the Arms Act; mere recovery of a cartridge without knowledge does not establish a violation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
