ORDER

Dalal, J. - The learned Judge has explained the law on the subject in his order of reference and I agree with him. The applicant Manzur Husain is a licensed gunmaker and a certain gun was made over to him by Mohan Singh a licensed holder to repair. Mohan Singh's direction was that after the gun was repaired, it may be made over either to Jagannath or to Partap Singh to bring over to Mohan Singh. The gun was repaired, and made over to both the persons authorized by the licensed holder. Jagannath was carrying the gun and Partap Singh following him when a police officer arrested Jagannath with the gun and learning that he had obtained it from the applicant Manzur Husain, prosecuted the applicant u/s 22, Arms Act. The trial Court of a Magistrate recorded a conviction. The learned Judge has quoted cases in support of his view that delivery into possession contemplated by Section 22, Arms Act, was such a delivery as to give the person into whose possession arm is delivered control over the arm and authority to use it as an arm. Manzur Husain made over the gun to Jagannath merely to carry it to its owner and not with any authority to use it as an arm. Even if Jagannath had misused hi