KHAJA MIAN Vs. STATE OF HYDERABAD

JUDGEMENT

(1.) THIS is an appeal against the conviction and sentence of the accused under Sections 11 and 14 of the Hyderabad Arms Regulation No. 13 of 1358 Fasli and a legal question has arisen.

(2.) THE facts briefly are that the accused was charge-sheeted for unlawfully keeping in possession one spear-head. The question arises whether the possession of the said weapon it an offence under the said Regulation. Section 10 of the said Regulation lays down that no person shall have in his possession or under his control any cannon, fire arms, ammunition or Military stores, except under a licence and in the manner and to the extent permitted thereby.

(3.) IT is clear that the accused had neither a cannon nor fire-arms, nor ammunition, nor Military stores in his possession. It is only, the possession of these four categories of articles that has been prohibited unless under a licence by the Act. The spear-head in question in this case is not included in that category. Hence, the provisions of Section 10 do not apply to this case and it cannot be said that the possession of the spear-head is an offence under the said Section of the Regulation. The learned Government Advocate has relied upon S, 11 of the Regulation. The lower Court also has held that Section 11 of the Regulation applies to this case. The Urdu version of the Regulation Section 11 was read before us, and it appears to us that there is a lacuna in the Urdu Section. We, therefore, referred to the original Regulation which is in English and published in the Government Gazette for 1358 Fasli Vol. 80 Extra-ordinary Gazette No. 12 dated 29th Bahaman 1358 Fasli. That Section reads thus: