STEPHEN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The 1st accused in Crime No.720/2010 of Panthalam Police Station, now pending as C.C.No.1146/2010 of the Judicial First Class Magistrate Court-1, Adoor seeks to quash the proceedings against him for offence punishable under section 27 of the Arms Act.

(2.) On 12.07.2010 at about 9.00 a.m., the Police, on getting a secret information that the petitioner herein along with another was handling arms, conducted search in a building. Two persons were found practicing karate with weapons. Six items of arms of various descriptions were seized. They claimed that these weapons were used for self defence and practice of martial arts. Crime was registered against them. Annexure A1 is the FIR. After investigation, Annexure A2 final report was laid for offence under section 27 of Arms Act. Prosecution of the petitioner is challenged in this proceeding.

(3.) Petitioner claimed himself to be a trained Kung-Fu champion, holding a certificate of merit issued by Sha-olin Martial Arts Academy, Japan, produced as Annexure A3. It showed that the petitioner had completed training of use of weapons. According to him, he has also been issued with a certificate dated 27.11.2008 by the Circle Inspector of Police, Panthalam Police Station, produced as Annexure A4, permitting him to impart physical training in Chinese Kung-Fu. It was issued under the Kerala Police (Regulation of Physical Training) Rules 2000, which permitted him to impart physical training of Chinese Kung-fu. Armed with the above certificates and materials, it was contended by the petitioner that he has not used the weapons for any illegal or prohibited purpose and it was intended by him only for the purpose of practicing karate and kung-fu. It was contended that section 27 of the Arms Act has no application to the facts of the case and crime is not sustainable against him.