Mohd. Yamin, J.-Nagji was prosecuted before Judicial Magistrate, Sarada District Udaipur for offence under Sections 2 1/25 of the Arms Act and has been acquitted, therefore, this leave to appeal. A notice was issued to the accused-respondent who has appeared through his Counsel.

2. I have heard learned Public Prosecutor as well as learned Counsel for the respondent.

3. Briefly stated, it is alleged that on 16-11-1998 accused-respondent was found possessing a muzzle loaded gun, licence of which had expired on 31-12-1996. Bherulal A.S.I. had gone on patrolling duty along with Shanti Lal Head Constable. When they reached in village Sarada accused is said to have been seen carrying a muzzle loaded gun. He was stopped and enquired as to whether he had any licence. The accused-respondent stated that the licence was lying at his residence. The same was obtained. The licence bearing No. 158/90 was valid only up to 31-12-1996. He did not deposit the arm at the police station after expiry of the licence, therefore, the arm was seized. A case under Section 2 1/25 of the Arms Act was registered and ultimately the accused was challaned. Plea of the accused respondent was recorded under