A prosecution under Section 27 of the Arms Act is not maintainable if the area from where the weapon is recovered is not a notified area under Section 4 of the Act.

ORDER

The accused in C.C.No.665 of 2017 on the files of the Judicial First Class Magistrate Court - IX, Ernakulam, has filed this petition under Section 482 Cr.P.C. to quash the proceedings against him in the said case.

2. The prosecution case is that on 15.01.2017, at about

11.00 am, a sword-stick, which is neither used for domestic or agricultural purposes, was found in the compound of the family house of the petitioner, and hence he committed the offence punishable under Section 27 of the Arms Act, 1959 .

3. In the present petition, the petitioner would contend that he is totally innocent, and that he has been falsely implicated in this case. According to the petitioner, he is totally unaware of the presence of the sword-stick, which the police is said to have recovered from the premises of the family house of the petitioner. It is further stated that the prosecution is not maintainable for want of the mandatory notifications as required under Section 4 of the Arms Act.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

5. The Final Report does not reveal that the place, from where the sword-stick is said to have been recovered, came under a notified area as envisaged under Section 4 of the Arms Act. The learned Public Prosecutor submitted that no such notification has been produced by the Investigating Agency. Having regard to the mandate contained in of the Arms Act, there cannot be a prosecution against the petitioner for the commission of the offence under Section 27 of the Arms Act, in the absence of the necessary materials to show that the area from where the alleged weapon was recovered, was a notified area as contemplated under of the Arms Act. Therefore, the prosecution against the petitioner is prima facie not maintainable. Needless to say, the prayer of the petitioner to quash the proceedings against him, deserves to be allowed.

In the result, the petition stands allowed. The proceedings against the petitioner / accused in C.C.No.665 of 2017 on the files of the Judicial First Class Magistrate Court - IX, Ernakulam, which arose out of Crime No.92 of 2007 of the Palarivattom Police Station, Ernakulam, are hereby quashed.