BALWINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE moot question which arises for consideration in the present petition, is as to whether the present petitioner, who was found carrying a prohibited firearm, within the territorial jurisdiction of State of Himachal Pradesh, without any authority/licence/permission, has infringed the provisions of Section 3 of the Arms Act, 1959 (hereinafter referred to as the Act) and as such can be prosecuted and punished for having committed an offence under the provisions of Section 25 of the said Act.

(2.) IT is not in dispute that petitioner owns and possesses firearm i.e. revolver (Marka 32 Bore MK -1SAF KANPUR 2003 No. 3990). It also cannot be disputed that F.I.R. No. 48/2011 dated 19.4.2011 was registered against the present petitioner for illegally possessing the said firearm alongwith 6 bullets on 19.4.2011. The said F.I.R. was registered at Police Station, Shahpur, District Kangra, H.P. under the provisions of Section 25 of the Act. It also cannot be disputed that with the completion of investigation, Challan was presented in the Court for trial which prima facie reveal complicity of the accused in the alleged crime, in relation to which accused stands charged for having committed an offence punishable under the provisions of Section 25 of the said Act vide impugned order dated 6.7.2013 passed by Chief Judicial Magistrate, Kangra at Dharamshala, H.P.

(3.) THAT the weapon of the petitioner falls in Schedule I and mandatorily requires licence holders to acquire and possess a licence cannot be disputed. In the instant facts and circumstances, the licencing authority having jurisdiction and authority with respect to the area i.e. territorial jurisdiction has issued licence with respect to the State of Delhi, U.P., Punjab and Rajasthan. With respect to the State of Himachal Pradesh, no licence stands issued by the competent authority having jurisdiction to do so.