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2018 Supreme(Ker) 440

SUNIL THOMAS
Stephen S/o David – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Johnson Gomez, Sri. S. Biju
For the Respondent: Sr. Public Prosecutor, Sri. Suman Chakravarthy

ORDER :

The 1st accused in Crime No.720/2010 of Panthalam Police Station, now pending as C.C.No.1146/2010 of the Judicial First Class Magistrate Court-1, Adoor seeks to quash the proceedings against him for offence punishable under Section 27 of the Arms Act.

2. On 12.07.2010 at about 9.00 a.m., the Police, on getting a secret information that the petitioner herein along with another was handling arms, conducted search in a building. Two persons were found practicing karate with weapons. Six items of arms of various descriptions were seized. They claimed that these weapons were used for self defence and practice of martial arts. Crime was registered against them. Annexure A1 is the FIR. After investigation, Annexure A2 final report was laid for offence under Section 27 of Arms Act. Prosecution of the petitioner is challenged in this proceeding.

3. Petitioner claimed himself to be a trained Kung-Fu champion, holding a certificate of merit issued by Sha-olin Martial Arts Academy, Japan, produced as Annexure A3. It showed that the petitioner had completed training of use of weapons. According to him, he has also been issued with a certificate dated 27.11.2008 by the Circle Inspector of P
















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