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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
AMBADI – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations regarding possession of arms. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties. (Para 4 , 5 , 6) |
| 3. interpretation of statutory provisions. (Para 7 , 9 , 10 , 11) |
| 4. final ruling by the court. (Para 12) |
C.S.DIAS, J.
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CRL.MC No.1827 OF 2021 ------------------------------------------------
Dated this the 4th day of February, 2026 ORDER The petitioner is the accused in CC No.1175/2018 on the file of the Court of the Judicial First Class Magistrate, Hosdurg, Kasaragod (‘Trial Court’).
2. The crux of the prosecution case is that:
The petitioner was found in possession of an arm (sword) on 31.03.2018, at around 23:30 hours. He was arrested on the spot with the said arm and the same was recovered from him. Thus, the petitioner has committed the offence under Section 5 (1)(a) read with Section 27 (1) of the Arms Act, 1959 (‘Act’, in short).
3. The petitioner has contended in the Crl.M.C. that, since the area from where the arm was allegedly seized is not notified under Section 4 of the Arms Act, the offence will not be attracted. Therefore, the entire prosecution is liable to be quashed.
4. I have heard the learned
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