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Madhya Pradesh High Court · body

2007 DIGILAW 987 (MP)

Mannu v. State of M. P.

2007-09-11

RAKESH SAKSENA

body2007
ORDER 1. Petitioner has filed this petition under section 482 of the Code of Criminal Procedure for quashing the first information report No. 63 of 2005 registered under section 25 of the Arms Act by G.R. Police, Katni and for quashing of the criminal proceedings of Criminal Case No. 3952/06 (State of Madhya Pradesh v. Mannu @ Krishna Paswan) pending in the Court of Chief Judicial Magistrate, Katni, against him. 2. According to prosecution, on 8.4.2005 G.R. Police, Katni, arrested the petitioner at Platform No.4 of Railway Station, Katni. On search of his person a knife (khukri) was recovered from his waist. On measuring, it was found 13" in total length. Its blade was 8-1/2" in length and its width was 1". A cycle chain was also seized from his possession. On recovery of the aforesaid 'khukri' a seizure memo was prepared, according to which, the length of blade was 8-1/2" and its width was 1". Police on the basis of recovery of the aforesaid knife registered a case under section 25 of the Arms Act against the petitioner. 3. Learned counsel for the petitioner submits that since for making out the offence under section 25 of the Arms Act for weapons other than fire arms, it is necessary that the blade of the sharp edged weapon should be longer than 9" or wider than 2", as such no offence under section 25 of the Arms Act is made out against the petitioner. 4. Under section 4 of the Arms Act a licence is required for acquisition and possession of arms of specified description in certain cases. For ready reference section 4 of the Arms Act is quoted hereunder: "4. 4. Under section 4 of the Arms Act a licence is required for acquisition and possession of arms of specified description in certain cases. For ready reference section 4 of the Arms Act is quoted hereunder: "4. Licence for acquisition and possession of arms of specified description in certain cases -- If the Central Government is of opinion that having regard to the circumstances prevailing in any area it is necessary or expedient in the public interest that the acquisition, possession or carrying of arms other than firearms should also be regulated, it may, by notification in the Official Gazette, direct that this section shall apply to the area specified in the notification and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder." The Arms Rules, 1962, framed under the provisions of Arms Act provide for classification of arms and ammunition under Rule 3. Rule 3 provides: "3. Classification of arms and ammunition -- For the purposes of the Act and these rules, "arms" or "ammunition" shall be of the categories specified in columns 2 and 3 respectively of Schedule I and references to any category of arms or ammunition in these rules shall be construed accordingly." Schedule I, category V specifies such "arms" other than firearms : Sharp-edged and deadly weapons, namely - Swords (including swordsticks), daggers, bayonets, spears (including lances and javelins); battleaxes, knives (including kripans and Khukries) and other such weapons with blades longer than 9" or wider than 2" other than those designed for domestic, agricultural, scientific or industrial purposes, steel batton; "Zipo" and other such weapons, called "life preservers", machinery for making arms, other than category II, and any other arms which the Central Government may notify under section 4. 5. Taking into consideration the aforesaid provisions and the size of the Khukri seized by the police in the present case it appears that prima facie no ingredient for constituting the offence under section 25 of the Arms Act is made out against the petitioner. 5. Taking into consideration the aforesaid provisions and the size of the Khukri seized by the police in the present case it appears that prima facie no ingredient for constituting the offence under section 25 of the Arms Act is made out against the petitioner. Admittedly, the khukri having blade lesser than 9" in length or lesser than 2" in width is not covered under the provisions of the aforesaid Act, as such no licence is required for holding such weapon. 6. Since, on the basis of the first information report, seizure memo and other material on record, no ingredients constituting the offence under section 25 of the Arms Act are made out, this petition deserves to be allowed. Accordingly, this petition is allowed. The first information report No. 63 of 2005 registered by G.R. Police, Katni and the proceedings of Criminal Case No. 3952/06, pending in the Court Chief Judicial Magistrate, Katni, against petitioner for the said offence are quashed.