MOHD MAKSUD Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner is aggrieved by his conviction under Section 25 (1-B) (a) of the Arms Act, 1959 recorded by the Judicial Magistrate First Class, District Indore vide judgment and order dated 17.5.2017 rendered in Criminal Case No.12372/2007 and confirmed vide judgment & order passed in Criminal Appeal No.395/2017 delivered on 25.7.2019 by XXVI Additional Sessions Judge, District Indore.

(2.) The petitioner has been held guilty for having a pistol and 6 live cartridges in his illegal possession and has been awarded 1 year R.I. along with fine of Rs.200/- in default further to undergo 7 days additional R.I.

(3.) Prosecution case in brief is that on 1.1.2007 at about 1:10 in the afternoon during patrolling Ashok Singh, Head Constable of Police station Chatripura received an information that a person having pistol and cartridges in his possession is standing near Dargah. Acting on this information, Head Constable, Ashok Singh caught the accused and on search recovered one pistol and 6 live cartridges from his possession. He was asked to produce licence. He admitted that he has no license for having these firearm in his possession, therefore, he was arrested and taken to the police station, where Crime No.1/2007 was registered by deducing FIR.No.1/2007 Firearm was sent to the armourer, who confirmed that seized article was firearm and was in working condition. The police obtained sanction from the District Magistrate to prosecute the petitioner and after completing investigation filed the charge sheet.