1. The Koothuparamba police registered Crime No.498 of 2014 for the offence punishable under Sec.25(1)(a) of the Indian Arms Act, 1959, Act 54 of 1959 (for short, "the Act of 1959") against the petitioners for alleged possession of two swords and a knife without license. The petitioners apprehend arrest and have filed this application under Sec.438 of the Code of Criminal Procedure (for short, "the Code").

2. Following questions are urged for a decision:

(i) Whether, in the absence of a notification issued under Sec.4 of the Act of 1959, possession of arms of the category involved in this case is punishable under any provision of the said Act?.

(ii) Whether, notification No.222 issued by the (then) Madras Government and published in the Fort St.George Gazatte on September 14, 1922 holds good even after repeal of the Indian Arms Act, 1878 (for short, "the Act of 1878") by Sec.46 of the Act of 1959?.

3. Before going into the above questions, it is to be considered whether the offence attributable to the petitioners is Sec.25(1)(a) of the Act of 1959 or it is under Sec.25(IB)(b) of the said Act?.

4. Sri.T.Asif Ali, the learned State Public Prosecutor has argued that the of