SULTAN KHAN Vs. STATE

JUDGEMENT

(1.) The petitioner was tried before a learned Sessions Judge, sitting with assessors, upon charges under Sec. 5 of the Explosives Substances Act and Sec. 19(f) of the Indian Arms Act. The subject matter of the charges was a number of detonators which came both under the Explosives Substances Act and the Indian Arms Act. Under the latter Act, the detonators could be and were treated as ammunition. In respect of the charge under Sec. 5 of the Explosives Substances Act, the petitioner was convicted and sentenced to R.I. for one year; and in respect of the offence under Sec. 19(f) of the Indian Arms Act, the petitioner was also convicted and sentenced to one year. The sentences were directed to run concurrently. It may be observed that the assessors were divided as to their verdicts in respect of both the charges in the proportion of two and two.

(2.) The petitioner's appeal to the learned Sessions Judge was dismissed.

(3.) The prosecution case against the petitioner was briefly as follows:-