STATE OF KERALA Vs. KANDA

JUDGEMENT

(1.) The question that arises in these two references by the learned Assistant Sessions Judge of Ernakulam to quash the committal in sessions cases 1 and 2 of 1964 are the same and so a common order is passed.

(2.) In sessions case 1 of 1964 the accused is one Kanda. On 28-3-62 at about 3 p.m. while Head Constable No 163 of the Pothanicad police station was patrolling with a police party he saw the accused armed with a loaded single-barrel country-gun without a licence. The accused was arrested and produced at the station and after due investigation he was prosecuted for an offence under S.19(f) read with S.12 and 14 of the Arms Act 11 of 1878. In sessions case 2 of 1964 the accused is one Sankaran. The same Head Constable while patrolling detected the accused with an unlicensed country gun and he was also prosecuted under S.19(f) read with S.12 and 14 of Act 11 of 1878.

(3.) The case came up before the Additional First Class Magistrate, Moovattupuzha for trial. The prosecutor who appeared for the prosecution presented a petition that as the Arms Act 11 of 1878 had been repealed by the new Arms Act 54 of 1959 the offence would fall under S.3, 25(1)(a) and 27 of the new Act and that as the offence under S.27 was one punishable with imprisonment for 7 years, it is an offence triable exclusively by the sessions court and that committal proceedings may be taken under S.207A, Crl. P.C. The learned Magistrate allowed the petition and after recording the evidence of two witnesses committed the accused in both the cases to stand their trial in the sessions court. The case was made over to the Assistant Sessions Judge. When the case came up for hearing preliminary arguments were heard and the learned Judge has sent up these reports under S.438 Crl. P.C. (not S.215 Cr. P.C.) for quashing the commitments.