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2015 Supreme(Jhk) 1010

IN THE HIGH COURT OF JHARKHAND AT RANCHI
VIRENDER SINGH, J.
Shyam Nureman & Ors. – Petitioners
Versus
The State of Jharkhand & Ors. – Opp. Parties
Cr. Revision No.412, 487 of 2001 with 106, 275 of 2002 with 542 of 2003 With 585, 889, 944, 1060 of 2004 With 144, 718, 839, 889, 1060 of 2005 With 153 of 2006 With 12, 197 of 2007 With 645, 790, 1154, 1115, 1128 of 2008 With 723 of 2009 with 508, 805, 864 of 2010 With 160 of 2011, With 188, 552 of 2013, With 785 of 2014, With 174 of 2015
Decided On : 11.09.2015

Advocate Appeared:
For the Petitioners:Mr. Jai Prakash Pandey, Advocate, Mr. Rajeeva Sharma, Sr. Advocate & Mr. V.Roy, Advocate, M/s. Rajeev Kumar, Advocate & Ram Lakhan Yadav, Advocates, M/s. Jitendra S.Singh, Raju Rabi Shekhar & Sanjay Kumar, Advocates, M/s. D.K.Karmkar & K.K.Singh Advocates, M/s. Ritu Kumar & Niki Sinha, Advocates, M/s. Rajesh Kumar, Advocate.
For the State : Mr. Shekhar Sinha, Ravi Kumar Singh, Binod Singh, S.K.Deo, V.S.Prasad, Nehru Mahto, V.K.Tiwary, Mukesh Kumar, Pankaj Kumar, Laxmi Murmu, V.S.Prasad, Ravi Prakash, Manoj Kumar II, A.Kumar, Lily Sahay, P.K.Appu, Arun Kumar, S.K.Srivastava, Avinash Kumar and Ashok Kumar, Additional Public Prosecutors

The main legal point established in the judgment is the interpretation of the legal provisions under the Arms Act to determine the jurisdiction for trying penal offences related to prohibited arms and ammunition.

Headnote:

prohibited arms - Jurisdiction to try cases - Arms Act of 1959, Arms Rules of 1962 - Section 2, Section 25, Section 26, Section 27 - The court discussed the definition of prohibited arms and ammunition, the classification of arms and ammunition, and the penal provisions under the Arms Act. The court interpreted the provisions to determine the jurisdiction for trying the penal offences under the Arms Act, concluding that the offences are sessions triable.

Fact of the Case:

The court considered the jurisdiction to try cases related to prohibited arms and ammunition under the Arms Act of 1959 and Arms Rules of 1962. It analyzed the definition of prohibited arms and ammunition, the classification of arms and ammunition, and the penal provisions under the Arms Act.

Finding of the Court:

The court found that the penal offences under the Arms Act are sessions triable based on the interpretation of relevant legal provisions.

Issues: The main issue was whether the penal offences under the Arms Act are Magisterial triable or Sessions triable.

Ratio Decidendi: The court applied the provisions of the Arms Act, Arms Rules, and the Code of Criminal Procedure to determine the jurisdiction for trying the penal offences, concluding that the offences are sessions triable.

Final Decision: The court acquitted all the petitioners of the charges, as it found no compelling reason for directing a fresh trial at a distant point of time, considering the protracted trial and the absence of prosecution witnesses and accused.

JUDGMENT :

1. Question of inherent jurisdiction to try the cases with respect to prohibited arms or ammunition is involved in all the aforementioned 31 revision petitions as such these petitions are being decided by the common order.

2. First of all it is to be mentioned the details of firearms and ammunitions, which come in category of prohibited firearms and ammunitions as per Arms Act of 1959 as well as Arms Rules of 1962.

3. Section 2 of Arms Act defines "prohibited arms" which means -

i. firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty, or

ii. weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing, and includes artillery, anti-aircraft and anti-tank firearms and such other arms as the Central Government may, by notification in the Official Gazette, specify to be prohibited arms;

4. Section 2 (h) "prohibited ammunition" means any ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, articles designed for torpedo service and submarine mining and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition;

5. THE ARMS RULES, 1962 -Rule 3 Classification of arms or ammunition. -For the purposes of the Act and these rules, “arms” or “ammunition” shall be of the categories specified in Cols. 2 and 3. respectively of Sch. 1 and references to any category of arms or ammunition in these rules shall be construed accordingly.

According to Schedule 1 the arms have been divided into 5 categories. Prohibited arms and ammunition have been placed in category 1.

SCHEDULE 1 [Section Rule 3]

CATEGORY

 

ARMS

 

AMMUNITION

 

1

2

3

CATEGORY I

 

(a) Prohibited arms as defined in Sec. 2 (I) (i) and such other arms as the Central Government may, by notification in the official Gazette, specify to be prohibited arms.

Prohibited ammunition as defined in Sec. 2 (h) and such other articles as the Central Government may, by notification in the official Gazette, specify to be prohibited ammunition.

(b) [Semi- automatic fire-arms, other than those included in categories I (c) and III (a), smooth bore guns having barrel of less than 20” in length.

Ammunition for arms of Category I (b).

(c ) Blot action or semi-automatic rifles of  303 or 7.62 mm. bore or any other bore which can chamber and fire service ammunition of .303 or 7.62 mm caliber; muskets of .410” bore or any other bore which can fire .410 musket ammunition; pistols, revolvers or carbines of any bore which can chamber 380” or .455” rimmed cartridges or service 9 mm or 445 rimless cartridges. ]

Ammunition for fire arms of category 1 (c )

(d) Accessories for any fire-arms designed or adapted to diminish the noise or flash caused by the firing thereof.

 

Nil.

6. For the recovery or use of the prohibited arms or ammunitions, the penal provisions viz; section 25 (1-A), 25 (1-AA), 26 (2) 26 (3) and 27 (2) of the Arms Act are applicable, which are as follows;

? Section 25 (1-A) runs inter-alia, “Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 Arms Act shall be punishable with imprisonment for term which shall not be less than five years but which may extend to ten years and shall also be liable to fine.”

? 25(1-AA) Arms Act reads as, “whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offe





























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