M.C. JAIN, J.—-This revision is directed against the order of the learned Additional Sessions Judge, No. 2, Sri Ganganagar dated 5.6.87, whereby, the learned Additional Sessions Judge, No. 2, Sri Ganganagar dismissed the appeal and maintained the conviction and sentence passed by the Chief Judicial Magistrate, Sri Ganganagar on 4.8.86 thereby the petitioner was convicted for the offence under Sec. 4/25 Arms Act, 1959 and was sentenced till rising of the court and to pay a fine of Rs. 100/, in default of payment of fine to further undergo 10 days simple imprisonment.

2. The petitioners defence was that he committed no offence. He had a right to keep a Kripan according to Sikh religion without licence. The learned Chief Judicial Magistrate held the petitioner guilty as he was found with kripan without licence with in the Municipal limits, which was prohibited under the Rajasthan Government Notification No. F.l (86)/Arms/74 Jaipur dated 19.10.74. By the said notification, the Government of Rajasthan banned the keeping of any sharp weapon having the blade more than 10, 16 cms within the Municipal limits of certain towns viz. Ajmer, Bharatpur, Alwar, Kota, Udaipur, Ganganagar and Bikaner. This was issued in the public interest. The list of arms given in the Schedule includes Sword (Talwar), Gupti, Spearl, Barchhi, Kokhari, Balam, Katar, Chaku, Chhuri and Gandasa having the blade more than 10,16 cms. This notification does not make any exception for the Sikh community.

3. Now, the question arises as to whether, any exemption can be claimed by Sikhs for wearing and keeping the kripan without licence within the Municipal limits of the towns which find mention in the above notification of the Government of Rajasthan. Sec. 4 of the Arms Act makes a provision for obtaining of licence for acquisition and possession of the specified arms other than the fire-aims. With regard to the fire-arms provision for licence is contained in Sec. 3. Sec. 4 provides that if the Central Government is of the opinion that having regard to the circumstances prevailing in any area, it is necessary or expedient in the public interest that the acquisition possession or carrying of Arms other than fire-arms should also be regulated, it may, by notification in the Official Gazette direct that Section 4 shall apply to the area specified in the notification and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf a licence issued in accordance with the provisions of the Arms Act and the rules made thereunder. Sec. 43 confers power of delegation on the Central Government. Under Sec. 43, the Central Government may by notification in the Official Gazette, direct that any power or function which may be exercised or performed by it under the Arms Act other than the power under Sec. 41 or the power under Sec. 44, may in relation to such matters and subject to such conditions, if any as it may specify in the notification, be exercised or performed also by such State Government or such officer or authority subordinate to the State Government as may be specified in the notification.

4. By virtue of powers conferred under Sec. 43, the Central Government delegated its certain powers to all the State Governments as are mentioned in the notification No. G. S. R. 1309 dated 10. 10. 62. The relevant portion of this notification issued under Sec. 43 of the Arms Act is as under :-

"In exercise of the powers conferred by sub-sec. (1) of See. 43 of the Arms Act, 1959(54 of 1959) and clause 1 of Art. 258 of the Constitution, the President with the consent of all the State Government entrusts to each such government the functions of the Central Government under the provisions of the Arms Act, 1959 the Arms Rules, 1962 and the notifications mentioned in column of the Schedule below subject to such conditions as are specified in column 2 thereof and also to th

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