REX Vs. DHYAN SINGH

JUDGEMENT

(1.) This is a reference, under Section 438, Criminal P. C., by the learned Sessions Judge of Meerut, made on the application of Dhyan Singh, who was convicted of an offence punishable under Section 19 (f), Arms Act, and sentenced to pay a fine of Rs. 50 or in default of payment of fine to undergo rigorous imprisonment for two months.

(2.) On 6th September 1948, Section I. Gurdial Singh had recovered three weapons, of which two have been described as swords and one as a knife, from Dhyan Singh's tent in Ghaziabad. Dhyan Singh denied the recovery of the weapons; but the recovery has been duly proved and that fact is no longer disputed.

(3.) The learned Magistrate held that the knife had a blade only 4" long, so its possession without a license was not an offence. But he found that the possession without a license of the swords recovered was an offence punishable under Section 19 (f), Arms Act. Accordingly, he convicted and sentenced Dhyan Singh as stated above.