S. VENUGOPALA REDDY Vs. STATE

JUDGEMENT

(1.) The petitioner has been convicted under Section 19 (f) of the Indian Arms Act, and sentenced to pay a fine of Rs. 10/- with simple imprisonment for two days in default.

(2.) The facts of this case lie in a narrow compass and are not in controversy. The father of the petitioner held a licence for a gun which expired on 31-12-1953. On the 23rd of January, 1954 under the instructions of his father, the petitioner deposited the gun in the police station as required by Section 16 of the Indian Arms Act. On these facts, the petitioner was found guilty of being in possession of a gun without licence in contravention of Section 14 of the Arms Act.

(3.) In this petition, two points are urged by Mr. Basi Reddi. The first is that a person who does something in pursuance of a direction contained in Section 16 cannot be found guilty of any offence, and secondly that the petitioner could not be said to be in possession of the gun and thereby violated Section 14 of the Arms Act, as he has merely carried it for the purpose of deposit.