STATE OF RAJASTHAN Vs. NAGJI

JUDGEMENT

(1.) Nagji was prosecuted before Judicial Magistrate, Sarada District Udaipur for offence under Sections 21/25 of the Arms Act and has been acquitted, therefore, this leave to appeal. A notice was issued to the accused-respondent who has appeared through his counsel.

(2.) I have heard learned Public Prosecutor as well as learned counsel for the respondent.

(3.) Briefly stated, it is alleged that on 16-11-1998 accused-respondent was found possessing a muzzle loaded gun, licence of which had expired on 31-12-1996. Bherulal A.S.I. had gone on patrolling duty along with Shanti Lal Head Constable. When they reached in village Sarada accused is said to have been seen carrying a muzzle loaded gun. He was stopped and enquired as to whether he had any licence. The accused-respondent stated that the licence was lying at his residence. The same was obtained. The licence bearing No. 158/90 was valid only up to 31-12-1996. He did not deposit the arm at the police station after expiry of the licence, therefore, the arm was seized. A case under Section 21/25 of the Arms Act was registered and ultimately the accused was challaned. Plea of the accused respondent was recorded under Section 25, Cr. P.C. He claimed trial. Thereafter prosecution examined as many as five witnesses. Learned Magistrate, after hearing both the parties, acquitted the accused.