STATE OF KERALA Vs. GEORGE

JUDGEMENT

(1.) THIS is an appeal by the State against the order of acquittal of the accused in C. C. 100/59 on the file of the 1st Class Magistrate, meenachil. The accused was charged for having committed an offence punishable under S. 19 [f] of the Arms Act [act XI of 1878 ).

(2.) THE accused is the holder of a licence Hol. No. 1313 in respect of a single barrel gun M. O. 1. THE licence for the gun expired on 31-12-1958. It was not renewed and the accused retained possession of the gun without a licence till he surrendered the gun to the police on a requisition by them, Ext. P5. According to the accused the trigger of the gun was out of order and the gun was entrusted to a blacksmith for repairs, that he was under the impression that the licence expires only on 31-3-1959 and that was why he did not apply for renewal.

(3.) THE act of the accused would also be an offence under s. 19 (i) which specifically deals with the failure to deposit arms as required under S. 16 of the Act. Under S. 16 a weapon which is not covered by a licence has to be deposited with the officer in charge of the nearest police station as soon as the licence expires. So without anything more the accused commits the offence when he does not deposit the gun after the period of the licence.