Evidence Act, 1872, Section 3, Arms Act, 1959, Section 25(1A), 27(2), Indian Penal Code, 1860, Section 307 -- Property dispute between brothers - Gun shot - Evidence of injured, his wife and his son - No independent witness - Normally gun shot does not escape the hearing by neighbours - They would be readily present to speak about the gun shot if not about the incident -..........
Arms Act, 1959, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i) -- Cannabis plant recovered from the possession of the accused during raid - Seizure of the gun effected subsequent to raid - No allegations from any of the witnesses that accused has used such gun - Held, mere seizure of gun powder from the possession of accused does not..........
Arms Act, 1959, Section 2(1)(i), 27 -- .303 rifle - Not a prohibited arm - Arm can be a prohibited arm when pressure is applied to the trigger, missiles continue to be discharged until pressure is removed or the magazine is emptied and since this is not the position in a case of a .303 rifle, which is a bolt action rifle implying thereby that the weapon has to be bolted..........
Arms Act, 1959, Section 5 -- Firing in air to scare the aggressors - Does not come within the mischief of S.5(1) of the Act...........
Indian Penal Code, 1860, Section 149 -- Appellant seeing the mob entered the house and came back with the fire arms and even then the appellant fired in the air which was for the purpose of scaring away the aggressors and to scatter them - Till that moment at least the appellant cannot be a member of the unlawful assembly nor can the assembly be termed as unlawful assembly..........
Evidence Act, 1872, Section 3 -- Unlawful assembly and murder - Appreciation of evidence - Deceased mentioned name of the assailants in the FIR and about their participation in crime - She did not mention about the arms carried by them - She mentioned such fact in the police statement recorded on the next day - In such circumstances, non mentioning about the arms carried..........
Arms Act, 1959, Section 17 -- Arms licence - Cancellation - Import of arms for 39 times with permission of authority and sale of same - Licensee was musing the licence - Licence cancelled by Authority - Order upheld...........
Arms Act, 1959, Section 17 -- Arms licence - Cancellation - Arms licence cannot be cancelled solely on the basis of pendency of criminal case - However, pendency of criminal case including the nature of offence, crime involved in such case can be taken into account as one of the considerations for reaching the conclusion as required under the Act - Petition challenging the..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25, 54, 59 -- FIR registered u/ss 25, 54 & 59 Arms Act for possessing unlicensed rifle - FIR quashed as almost 27 years have elapsed from the registration of case and State had recommended cancellation report...........
Criminal Procedure Code, 1973, Section 389, Arms Act, 1959, Section 3, 7 r, w, 25(1A), 25(1B), Representation of the Peoples Act, 1951, Section 8(3) -- Bail during pendency of appeal - Conviction u/ss 3, 7 r/w S.25(1A) and 25(1B) of Arms Act - Suspension of sentence so that it is not a bar u/s 8(3) of the Representation of People Act - Petitioner not a habitual criminal..........
