STATE Vs. RAMKISHAN

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of Ramkishan of an offence under Section 19 (f) of the Arms Act.

(2.) The facts of the case are not in dispute. The accused is the proprietor of Grand Hotel, Jodhpur. One Mahendra Singh came and stayed at, the Hotel. When he was leaving, he wag short of money and could not pay the bill that he had run up at the Hotel. Consequently Mahendra Singh left his pistol with the accused, and executed a document Ex. P3 by which he pledged this pistol as a security for the sum of Rs. 300/7/- which he owed to the grand Hotel. He agreed that the money would be paid within a fortnight together with interest. It was also agreed that if the money was not paid within the, time-limit, the Hotel would have the right to recover the amount by selling the pistol. On 23-3-1952, the pistol was recovered from the possession of the accused by the police on the basis, of some information received from Bombay. Thereafter, the accused was prosecuted under Section 19 (f) of the Arms Act. He admitted these facts, but his case was that he was not guilty within the meaning of that section.

(3.) Section 19 (f) of the Arras Act provides, for punishment of any person who has in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of Section 14 or Section 15, which provide for licence. The contention of the applicant is that though he was, in fact possession of the pistol, in law that did not amount to possession within the meaning of Section 19 (f). Reliance in this connection has been placed on a number of authorities.