AMRIK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the order of the learned Additional Sessions Judge, No. 2, Sri Ganganagar dated 5-6-87, whereby the learned Additional Sessions Judge, No. 2, Sri Ganganagar dismissed the appeal and maintained the conviction and sentence passed by the Chief Judicial Magistrate, Sri Ganganagar on 4.8.86 thereby the petitioner was convicted for the offence under section. 4/25 Arms Act, 1959 and was sentenced till rising of the court and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo 10 days simple imprisonment.

(2.) The petitioners defence was that he committed no offence. He had a right to keep a Kripan according to Sikh religion without licence. The learned Chief Judicial Magistrate held the petitioner guilty as he was found with Kripan without licence with in the Municipal limits, which was prohibited under the Rajasthan Government Notification No. F.1 (86)/Arms/74 Jaipur dated 19-10-74. By the said notification, the Government of Rajasthan banned the keeping of any sharp weapon having the blade more than 10, 16 cms. within the Municipal Limits of certain towns viz. Ajmer, Bharatpur, Alwar, Kota, Udaipur, Ganganagar and Bikaner. This was issued in the public interest. The list of arms given in the Schedule includes Sword (Talwar), Gupti, Spearl, Barchhi, Kokhari, Balam, Katar, Chaku, Chhuri, and Gandasa having the blade more than 10, 16 cms. This notification does not make any exception for the Sikh community.

(3.) Now, the question arises as to whether, any exemption can be claimed by Sikhs for wearing and keeping the Kripan without licence within the Municipal Limits of the towns which find mention in the above notification of the Government of Rajasthan. Section, 4 of the Arms Act makes a provision for obtaining of licence for acquisition and possession of the specified arms other than the fire-arms. With regard to the fire-arms provision for licence is contained in Section 3. Section 4 provides that if the Central Government is of the opinion that having regard to the circumstances prevailing in any areas it is necessary or expedient in the public interest that the acquisition possession or carrying of Arms other than fire-arms should also be regulated, it may, by notification in the Official Gazette direct that Section 4 shall apply to the area specified in the notification and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf a licence issued in accordance with the provisions of the Arms Act and the rules made thereunder. Section, 43 confers power of delegation on the Central Government. Under section, 43, the Central Government may by notification in the Official Gazette direct that any power of function which may be exercised or performed by it under the Arms Act other than the power under section, 41 or the power under section, 44, may in relation to such matters and subject to such conditions, if any as it may specify in the notification, be exercised or performed also by such State Government or such officer or authority sub-ordinate to the State Government as may be specified in the notification.