ELVIN JOHN MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.374 of 2019 pending on the files of the Judicial First Class Magistrate Court, Kattappana. The case originated from Crime No.94 of 2019 registered at Kattappana Police Station for offences punishable under Sec. 21(1) r/w Sec. 25 (1-B) of the Arms Act, 1959 (for short, 'the Act').

(2.) The essential facts are as under:-

(3.) The learned counsel for the petitioner contended that as per Sec. 21(1), the requirement is only to deposit the arm without 'unnecessary delay'. The petitioner having applied for renewal of licence on 5/12/2016 and deposited the gun on 18/3/2017, he cannot be prosecuted and penalised under Sec. 21 of the Act, the deposit being within three months of expiry of the licence. In support of this argument, reliance is placed on the decision of this Court in Devasia Mathew v. State of Kerala and Others [2017 (2) KHC 58].