ATAR SINGH Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Atar Singh to challenge the concurrent finding of the lower courts convicting him of an offence punishable under Section 19(f) of the Arms Act and sentencing him to six months' R.I. for being in possession of a country made pistol and two live cartridges without holding any licence.

(2.) The conviction has been challenged on a legal ground and also on facts. It may here be mentioned that the finding of fact recorded by the lower courts cannot be said to be improper and hence cannot be interfered with in Revision.

(3.) The Arms Act, 1959, received the assent of the President on December 23, 1959, though it came into force sometimes in October 1962. The present offence was committed on 14-2-1962 and the police submitted the charge sheet and the Magistrate took cognizance of the offence long before the Arms Act, 1959, came into force. However, in view of Section 46 of the Arms Act, 1959, by which the Indian Arms Act, 1878, was repealed, it is contended that on the date the offence was committed and also on the date the Magistrate took cognizance of the offence, the Indian Arms Act, 1878, stood repealed and the prosecution could be under the Arms Act, 1959, after it became a law. In the alternative, it is contended that after the coming into force of the Arms Act, 1959, it was necessary for the prosecution to obtain sanction of the District Magistrate and without such sanction the trial could not proceed though before the commencement of the Act the trial for an offence committed under the old Act could proceed.