Possession of a knife with dimensions below statutory limits does not constitute an offence under the Arms Act, reaffirming the relevance of specific notifications regulating such items.

J U D G M E N T

Mehta, J.

1. Leave granted.

2. The appellant seeks quashment of the proceedings of the criminal case arising from FIR No. 477 of 2022 dated 9 th July, 2022 lodged against him at Police Station, Govind Puri for the offences punishable under Sections 25 , 54 and 59 of the Arms Act, 1959 1 . It was inter alia alleged in the FIR that the appellant was found in the Pravasi Park acting suspiciously. Upon being searched, a buttondar knife having dimensions, 31.5 cms in length (blade length of 14.5 cms and handle of 17 cms) and width of 3 cms, was 1 recovered from his possession.

1 Hereinafter, being referred to as ‘Arms Act’.

3. After investigation, a charge-sheet came to be filed against the appellant in connection with the aforesaid FIR for the offences punishable under Sections 25 , 54 and 59 of the Arms Act. The appellant approached the High Court of Delhi by filing a petition 2 under Section 482 of the Code of Criminal Procedure, 1973 3 for quashing of the FIR, the consequential charge-sheet, and all the proceedings sought to be taken thereunder. The said petition stands rejected vide order dated 18 th April, 2023 which is assailed in this appeal by special leave.

4. We have heard and considered the submissions advanced by Ms. Srishti Agnihotri, learned counsel for the appellant and Mr. K.M. Natraj, learned ASG, appearing for the State (NCT of Delhi) and have gone through the material placed on record.

5. As per Rule 3 read with Category V of Schedule I (Part A) of the Arms Rules, 2016 4 , possession of a knife having blade length of more than 9 inches (22.86 cms) and width of more than 2 inches

(5.08 cms) has been brought within the purview of an offence under the Arms Act and the Arms Rules. The said provision read as under:

“V. Arms other than firearms: Sharp-edged and deadly weapons, namely: Swords (including sword-sticks), daggers, bayonets, spears (including; lances and javelins), battle-axes, knives (including Kirpans and Khukries) and other such weapons with blades longer than 9” or wider than 2” other than those designed for domestic, agricultural, scientific or industrial purposes, steel batton, “Zipo” and other such weapons called 'life preservers', machinery for making arms, other than category II, and any other arms which the Central Government may notify under Section 4 of the Act.” (emphasis supplied)

6. Admittedly, dimensions of the knife recovered from the appellant were much lesser than the one provided in the statute and the rules framed thereunder. However, the Government of NCT of Delhi has issued a DAD notification dated 29 th October, 1980 5 by which certain categories of knives/sharp weapons, having dimensions lesser than those provided in the Arms Act and Arms Rules when meant for “ manufacture, sale or possess for sale or test” , were brought within the purview of the Arms Act. The DAD notification reads as below: -

Case File (25/54/59 Arms Act) (Knife) Notification regarding length and breadth of Knife DAD Notification (To be Published in Part IV of Deli Gazette) (Extra Ordinary) Delhi Administration, Delhi Notification Dated the 29 th October, 1980 No. F/13/451/79-Home (G) - Whereas the administration is of the opinion that having regarding to the circumstances prevailing in the Union Territory of Delhi is necessary Appointed Date expedient in the public interest, "to regulate the manufacture sale or possession for sale or test the spring actuated knives, gararidar knives, bottondar knives and other knives which open or close with any other mechanical device with a sharp edge blade of 7.62 Cms, or more in length and

1.72 cms or more in breadth in the Union Territory of Delhi.

Now, therefore in exercise of the powers under rule 19 of the Arms Rules, 1962 read with the Govt. of India, Ministry of Home Affairs Notification No. 2/2/69-UTL(ii) dt. 21 st June, 1969, the Administrator Delhi is pleased to direct that "no person in the Union Territory of Delhi shall manufacture, sale or possess