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1923 DIGILAW 602 (ALL)

Emperor v. Aladin

1923-10-26

RYVES, SULAIMAN

body1923
JUDGMENT 1. This is a reference by the learned District Magistrate of Agra recommending that the conviction of Aladin u/s 19 (f) of the Arms Act be quashed. Aladin was prosecuted for having in his possession three empty cartridge cases. He was convicted and sentenced by the Deputy Magistrate to six weeks' rigorous imprisonment. 2. It seems to us that empty cartridges come within the definition of ammunition in Section 4 of the Act, and we follow the view laid down by a learned Judge of this Court in Baldeo Singh v. Emperor 4 Ind. Cas 405 : 7 A.L.J. 102 : 10 Cri. I.J. 573 : 32 A. 152. In our opinion, therefore, the conviction was right. We think, however, that the sentence was altogether excessive. In our opinion a fine would have been more appropriate than a sentence of rigorous imprisonment for this offence. As the accused has already served some part of his term we alter the sentence to the term already served. As he is on bail he need not surrender. Let the papers be returned.