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1941 Supreme(Lah) 71

YOUNG
Emperor – Appellant
Versus
Sobha Singh – Respondent


JUDGMENT

Young, C J - This judgment will dispose of two appeals Cr. A. No. 316 of 1941 and Or. A. No. 1343 of 1940, filed by the Advocate-General, Punjab, on behalf of the Provincial Government. They are against orders of acquittal made by the lower Courts. In the first case Sobha Singh, a shopkeeper of Pakpattan, was charged under Section 19(f), Arms Act (Act 11 of 1878). It was alleged that he had been found in possession of eleven spearheads without having a license for the same. Before the Sub-Divisional Magistrate, Pakpattan, the accused did not admit that the spearheads were recovered from his possession; but for the purposes of this appeal it is admitted that Sobha Singh did have in his possession eleven spearheads--or, as it is contended, Nishan Sahibs--and that he did not hold a license for them. The learned Sub-Divisional Magistrate found Sobha Singh guilty and sentenced him to two years rigorous imprisonment. On appeal the learned Sessions Judge set aside the conviction and acquitted the accused on the ground that the articles found in his possession were not spearheads within the meaning of the Act but Nishan Sahibs or religious emblems.

2. In the second case Sant Singh w

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