P. L. BHARGAVA, J.

( 1 ) THIS is a reference, under Section 438, Criminal P. C. , by the learned Sessions Judge of meerut, made on the application of Dhyan Singh, who was convicted of an offence punishable under Section 19 (f), Arms Act, and sentenced to pay a fine of Rs. 50 or in default of payment of fine to undergo rigorous imprisonment for two months.

( 2 ) ON 6th September 1948, Section I. Gurdial Singh had recovered three weapons, of which two have been described as swords and one as a knife, from Dhyan Singhs tent in Ghaziabad. Dhyan singh denied the recovery of the weapons; but the recovery has been duly proved and that fact is no longer disputed.

( 3 ) THE learned Magistrate held that the knife had a blade only 4" long, so its possession without a license was not an offence. But he found that the possession without a license of the swords recovered was an offence punishable under Section 19 (f), Arms Act. Accordingly, he convicted and sentenced Dhyan Singh as stated above.

( 4 ) IN the Court of the Session, it was contended on behalf of Dayan Singh that the weapons for the possession of which he had been convicted were kripans and as a Sikh he was entitled to possess them

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