- (1.) Leave granted.
(2.) Proliferation of arms and ammunition, whether licensed or not, in the country disrupts the social order and development, vitiates law and order situation, directly contributes towards lethality of violent acts which needs to be curbed. We are sorry to note the law enforcing agencies and to certain extent the courts in the country always treat the crimes lightly without noticing the havoc they can create - to the ordinary peace loving citizens of this country and to the national security and the integrity and the unity of this nation. We may indicate, the case in hand shows, how casually and lightly, these types of cases are being dealt with by the courts.
(3.) ASI S.S. Gaur and P.P. Mrigwas while on patrol duty apprehended that the accused on 13.09.2005 at 8.30 pm while they were coming from Bakaniya to Mrigwas Road, Guna, M.P. The accused was found to be in possession of country made barrel gun with two round bullets and 50 grams of explosives, without any licence. The accused was charge-sheeted for the offence punishable under Section 25(1)(a) of the Arms Act, 1959 (for short 'the Arms Act') and was tried before the Court of the Judicial Magistrate First Class, Chachoda. From the side of the prosecution seven witnesses were examined. After considering the oral and documentary evidence, the court came to the conclusion that the accused was guilty of the offence under Section 25(1)(a) of the Arms Act and on sentence, the court passed the following order: "There is no previous crime in the name of the accused and certainly the accused is the first time offender but from the possession of the accused a rifle was found illegally in his possession, therefore, it is not proper to adopt a lenient approach towards the accused. Only in view of the time taken by the trial and the time already spent by the accused in custody, the accused is not punished with the maximum punishment and, therefore, the accused Ayub Khan is sentenced - to one year of R.I. and a fine of Rs.100/- for the offence punishable u/w 25(1)(a) of the Arms Act.";