SACHINDRA KAR GUPTA Vs. EMPEROR

JUDGEMENT

(1.) The appellant was charged as follows: First.-That you, on or about 17 December 1932, at the crossing of Grand Trunk Road and Boral Lane at Hooghly, Bally, P.S. Chinsura, were going armed in contravention of Section 13, Arms Act, 1878 and thereby committed an offence punishable under Section 19(c), Arms Act, 1878 and within my cognizance, Secondly,-That you, on or about 17 December 1932, at the same place had in your possession a fully loaded six chambered Revolver No. 78141 and four additional live cartridges in contravention of Secs.14 and 15, Arms Act, in such manner as to indicate an intention that the possession might not be known to any public servant as defined in the Indian Penal Code and thereby committed an offence punishable under Section 20, Arms Act, 1878 and within my cognizance.

(2.) He was convicted by the Special Magistrate of Chinsura under both Secs.19(e) and 20, Arms Act, 1878 and sentenced to six years rigorous imprisonment under the latter section, no separate sentence being passed under Section 19(e). Since the accused was already undergoing a sentence of imprisonment, the sentence was to take effect at the expiry of the sentence which he was then undergoing. Section 13, Arms Act, provides that no person shall go armed with any arms except under a license.

(3.) Section 14 provides that no person shall have in his possession or under his control any cannon or fire-arms or any ammunition or military stores except under a license.