JUDGMENT Thomas, C.J. - This is a reference u/s 438 Cr. P. C. by the learned Sessions Judge of Rae Bareli recommending that the conviction of the accused Saroman Singh and Jagatpal Singh be set aside. 2. Jagatpal Singh and his son Saroman Singh were convicted by a first class Magistrate u/s 19(F) of the Arms Act for being in possession of half a sear of gun powder without a licence and each was sentenced to pay a fine of Rs. 50 or in default to undergo one month's rigorous imprisonment. 3. Jagatpal Singh is a licence holder of a breach loading gun and under his licence he is permitted to keen five hundred to one thousand cartridges. His son is entered as a retainer in the licence. Jagatpal Singh's house was searched on the 8th October, 1945, when this gun powder was recovered from his room. It is not clear why the son was prosecuted when the powder was recovered from the possession of the father. Jagatpal Singh accused admitted possession and recovery of the powder and his defence was that he was not in illegal possession of it. He further stated that the object of keeping the powder was to reload cartridges. The question for consideration is whether a person who has a licence for a breach loading gun and is authorized to keep cartridges is debarred from possefsing powder for the purpose of reloading the cartridges. 4. The Magistrate was of opinion that in view of Section 14 of the Indian Arms Act, the possession was illegal. The learned Judge has taken a different view. 5. The decision of the case more or less depends on the construction of the words "manner" and "extent" used in Section 14. As far as I am aware, and no decision has been cited by the counsel of either Side, these words have not been con trued the word "manner" to mean, "sort, kind or style". The ordinary dictionary meaning of the word "manner" as used in modern language is "mode of handling or way in which a thing is done or takes place, or mode of action or procedure." It also means "spectes, kind, short". It therefore follows that the word "manner" should be construed in respect of the rules contained in the licence particularly Rules 3, 4 and 10. It therefore follows that the word "manner" should be construed in respect of the rules contained in the licence particularly Rules 3, 4 and 10. Rule 4 lays down that the licence is valid to the extent specified in column 8 subject to any restrictions which may be imposed. Rule 4 lays down that the licensee or retainer acting under that licence shall not go armed with any arms covered thereby otherwise than in good faith for the purpose of sport or protection. Rule 10 lays down that where the licence is granted for the purpose of sport, the licensee or retainer acting under the licence shall observe such close season as may be prescribed by the Local Government. Section 14 of the Indian Arms Act lays down that no person shall have in his possession or under his control any cannon or firearms or any ammunication......except under a licence and in the manner and to the extent permitted thereby. 6. There is no doubt that the word "extent" means territory in which the licence is valid. The accused's licence is valid for the United Provinces of Agra and Oudh. In my opinion the word "manner" must not be given a restricted meaning and here the word, "manner" must refer back to the licence which in my opinion means according to the mode prescribed in the licence. The licence lays down the manner or mode in which it is to be used or handled. Rule 2A of Schedule II framed under the Indian Arms Act exempts reappear, decipher and turnover machines. It, therefore follows that a licensee can be in possession of loading instruments for cartridges without a licence, and it is in my opinion ridiculous to think that a man who is permitted to have one thousand cartridges cannot reload his own cartridges. This will create an absurdity. Take a case where a man has been in possession of a five hundred cartridges for five or seven years. It is a matter of common knowledge that the powder deteriorates in quality every year. If a restricted meaning is given to the word "manner" it will mean that the licensee cannot take the powder out of the old cartridges and mix it with fresh powder and reload the cartridges. The definition of the word "ammunition" makes it clearer. It is a matter of common knowledge that the powder deteriorates in quality every year. If a restricted meaning is given to the word "manner" it will mean that the licensee cannot take the powder out of the old cartridges and mix it with fresh powder and reload the cartridges. The definition of the word "ammunition" makes it clearer. "Ammunition" is described in Section 4 of the Indian Arms Act as including all articles specially designed for ; torpedo service and submarine mining, rockets dynamite...and other explosive gun flints, gun wads', percussion caps, fuses and friction tubes, all parts of ammunition and all machinery for maimfactoring ammunition but does not include lead, sulphur or saltpetre. 7. If the accused's conviction is upheld, it will mean that they are not permitted to keep percussion caps because Jagatpal Singh is a licensee for a breach loading gun. In my opinion, under this definition a licensee is entitled to keep powder, wads and shots for loading cartridges provided he does not exceed the number of cartridges allowed to him under the licence. There is evidence on the record to show that gun powder has been sold on previous occasions to licence holders without making endorsements on the licence, the vendors duty being only to inform the police of the sales. Whether such a sale should be noted on the licence is a matter to be decided by the District Magistrates. 8. I am, therefore, of opinion that the accused has committed no offence. I accordingly accept the reference, set aside the conviction of the accused and direct that the fine if realized shall be refunded.