Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1959 – ss. 25(1)(a) Arms Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arms Act, 1959 – ss. 25(1)(a), 25(1AA) r/w s. 35 – Prohibitionof acquisition or possession, or of manufacture or sale, orprohibited arms or prohibited ammunition – On facts, cartridgesfound in the car driven by accused A-1 in a drunken state – A2 wasthe owner of the car – Disclosure made by A1 about some morearms hidden in a bungalow of which A4 was shown as the occupierin the records – Weapons and live cartridges found inside the cellarof that house – A3 had stored the weapons and later on gave to A1from the cellar – Conviction of A2 and A4 for commission of offenceu/ss. 25(1)(a), 25(1AA) r/w s. 35 by the courts below – Sustainabilityof – Held: Not sustainable – As regards A2, it is necessary to provethat the accused was in conscious possession at some point in timebefore the discovery and retained control of the objects at the timeof the recovery – Accused was neither in the car when it wasapprehended nor anywhere near the car – A-2 was arrested onlybecause he was found to be the registered owner – It is not even theprosecution’s case nor the courts below have rendered a findingthat A-2 was in constructive possession of the live cartridgesrecovered from the car – Conviction of A2 u/s. 25(1AA) whollyunwarranted – As regards, A4 he was not in possession or occupationof the house for almost three months as he was in detention – Thereis no evidence that the house was locked from the outside – Windowof the room, which led to the cellar, was said to be locked frominside and an iron gate that had a lock on the outside had to bebroken – Prosecution could not establish intent ion andconsciousness of the A4 of the arms and ammunition found in A4’shouse – Thus, A4 was not in constructive possession of the firearmsand conviction wholly unwarranted. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2018 INSC 813 |
Petitioner | Mohmed Rafiq Abdul Rahim Shaikh |
Respondent | The State Of Gujarat |
SCR | [2018] 11 S.C.R. 166 |
Judgement Date | 2018-09-13 |
Case Number | 1078 |
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