MEHAR CHAND Vs. STATE

JUDGEMENT

(1.) We have before us an application in revision on behalf of Meharchand and a reference made by Oak, J. in an appeal on behalf of Sarupa.

(2.) The applicant Meharchand was convicted by the Railway Magistrate of Saharanpur under Section 19 (f) of the Indian Arms Act and was sentenced to undergo rigorous imprisonment for six months. It was found against him that on 26-1-1956 at about 1-30 p.m. while he was at platform No. 5 of the railway station at Saharanpur he had in his possession a loaded country-made pistol and four 12 bore live cartridges for which he did not possess any licence. As the offence had been committed in the district of Saharanpur no sanction was obtained for his prosecution as required by Section 29 of the Indian Arms Act. Against his conviction the applicant went up in anneal to the Sessions Judge but the findings recorded by the Magistrate against him were confirmed and his conviction and sentence were both upheld.

(3.) The appellant in the other case, Sarupa, has also been convicted under Section 19 (f) of the Arms Act but by the Sessions Judge of Bifnor. It has been found against him that in the night between the 26th and 27th October 1955 Sarupa was found in the possession of an unlicensed gun along with three live cartridges in respect of which he had no licence.