KIFAYATULLAH KHAN Vs. EMPEROR

JUDGEMENT

(1.) One Kifayatullah Khan was Convicted under Section 19 (f), Arms Act of 1878, for being in possession of 340 patakhas without a licence. The learned Sessions Judge recommends that the conviction be quashed.

(2.) The patakhas are " l 1/2 to 2" in diameter. They contain a very small quantity of chlorate of potassium mixed with sulphide of arsenic, together with small pieces of kankar, wrapped, and rolled in several layers of paper so as to form a small ball. When thrown on the ground they explode with a report. These patakhas or crackers are customarily used by children at the time of shabarat just as crackers of a rather different kind are . generally associated with Christmas festivities. Hitherto no licence has been required even for their sale, much less for their possession, probably because they are regarded as mere playthings. They are said to be sold at the rate of 8 for one pice.

(3.) It seems prima facie astonishing that such insignificant crackers could be regarded as " ammunition" within the meaning of the Arms Act. "Ammunition" is defined in Section 4 of the Act as including all articles specially designed for torpedo service and submarine mining, rockets, guncotton, dynamite, litho fracteur and other explosive or fulminating material.