EMPEROR Vs. ALADIN

JUDGEMENT

(1.) In this case the accused has been convicted under Section 19(f) of Act No. XI of 1878 (The Indian Arms Act) for having been in possession of three empty cartridge cases without a licence. The defence put forward by the accused was that he had picked them up on the road without knowing what they were. He was, however, convicted and sentenced to six weeks rigorous imprisonment.

(2.) The District Magistrate taking the view that empty cartridges like these do not come within the definition of ammunition as given in Section 4. of the Act, has referred this case to the High Court, and has relied on an old case of the Punjab Chief Court, Jaman Khan V/s. The Empress (1890) Punj. Rec., (Cr.) No. 20.

(3.) In the Punjab case two Judges of the Punjab Chief Court expressed the view that an empty case was merely a case for ammunition, and that, therefore, an empty case of an exploded cartridge would not be called a part of ammunition or ammunition. The case could not be turned into ammunition without a further elaborate process of fitting in a percussion cap and filling with powder and shot. They pointed out that an empty cartridge case was per se a harmless article, though it was capable of holding ammunition. They also remarked that if exploded cartridges were treated as ammunition, then any beater who picked up used cartridges thrown away by his employer would be guilty of the offence.