MAHESH NARAYAN GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Through the present writ petition, the petitioner has prayed for a writ, order or direction in the nature of certiorari for quashing an F.I.R. dated 2.3.1998 under Section 30 of the Arms Act in Case Crime No. 160 of 1998, P.S. Nawavad, District Jhansi. There is a further prayer for a mandamus for a declaration that the Notification No. 5197-R/VIII-Section 5-468-80. dated 31.10.1980 Issued by the Governor of Uttar Pradesh as void and ultra vires.

(2.) The F.I.R. In question speaks of possession of ammunition beyond the number prescribed by the licence for which the petitioner is sought to be prosecuted in the aforesaid case.

(3.) Section 30 of the Arms Act speaks of punishment for contravention of licence or a rule made under the Arms Act for which no punishment is provided elsewhere in the said Act. The maximum term for which a person may be punished under this section is Imprisonment for six months. There is also an alternative punishment of fine which may extend to Rs. 2,000.