STATE Vs. KESHAB CHANDRA NASKAR

JUDGEMENT

(1.) This is a Reference under Section 432 of the Code of Criminal Procedure by the Additional Sessions Judge, Third Special Court, Alipore. It arises out of a case under Section 19 (f) of the Indian Arms Act. It raises certain important principles and considerations, on the Constitution the Criminal Procedure Code and the Indian Arms Act.

(2.) In the letter of reference the learned Judge says that the appeal before him has given rise to the question of constitutional validity of Section 29 of the Indian Arms Act. In his opinion he considers it to be necessary that the question should be referred to this Court for decision under Section 432, Criminal Procedure Code.

(3.) The facts lie within a short compass. Keshab Naskar, the accused appellant was charged under Section 19 (f), Indian Arms Act, for having possessed without licence one dozen 12 bore live cartridges. On the 13th October. 1955 at Diamond Harbour river side, Keshab Naskar with several other persons, was caught by a police party in plain clothes. On search of the person of Keshab Naskar as many as 12 live cartridges were found. There was no license for the ammunitions. This led to the prosecution of Keshab Naskar under Section 19(f) of the Indian Arms Act. The prosecution in fact was started after obtaining necessary sanction from the Additional District Magistrate, 24 Parganas under Section 29 of the Indian Arms Act.