Back
BECHU KURIAN THOMAS
Shantanu Yadav Rao Hire – Appellant
Versus
State of Kerala Rep. by Public Prosecutor – Respondent
ORDER
Bechu Kurian Thomas, J.—Would a live cartridge seized from the bag of a passenger during the security check at the airport without seizure of any corresponding fire-arm amount to an offence under the Arms Act, 1959 (for short ‘the Act’) arises for determination in this case.
2. Petitioner is a businessman from Maharashtra. He possesses a license to possess arms within his State. His daughter is a Commandant Pilot, serving in Air India stationed at Kannur in Kerala. On 04.04.2019, while waiting to board the flight from Kannur Airport to return to his home State after spending time with his daughter, his baggage, when subjected to screening was detected with a live cartridge of 0.32 calibre. Though petitioner claimed ignorance of the live cartridge and how it came to be in his bag, an FIR was registered as Crime No.6 of 2019 of Airport Police Station, Mattannur, alleging offences punishable under sections 3 and 25(1B)(a) of the Act. After the final report was filed, the Judicial First Class Magistrate’s Court, Mattannur, took cognizance of the offence as C.C. No.236 of 2021.
3. Petitioner alleges that he has an unblemished track record and has never been involved in any cri
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....
A person is not liable under Section 25 of the Arms Act if not consciously in possession of ammunition, without any firearm or threat present.
Possession of ammunition under the Arms Act requires consciousness or knowledge; inadvertent packing does not constitute an offense.
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....
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....
The judgment established that possession under the Indian Arms Act must be conscious possession with the requisite mental element, and the absence of recovery of any weapon or firearm supported the p....
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
