JITHU Vs. STATE OF KERALA

JUDGEMENT

(1.) The Koothuparamba police registered Crime No.498 of 2014 for the offence punishable under Sec.25(1)(a) of the Indian Arms Act, 1959, Act 54 of 1959 (for short, "the Act of 1959") against the petitioners for alleged possession of two swords and a knife without license. The petitioners apprehend arrest and have filed this application under Sec.438 of the Code of Criminal Procedure (for short, "the Code").

(2.) Following questions are urged for a decision:

(3.) Before going into the above questions, it is to be considered whether the offence attributable to the petitioners is Sec.25(1)(a) of the Act of 1959 or it is under Sec.25(IB)(b) of the said Act .