- (1.) Whether the giving of fire-arms by a person holding a licence for repairing and dealing in fire-arms for repairs to a mechanic who holds no such licence, but does the repair job at his workshop at a place different from the factory or place of business of the licence-holder, amounts to "delivery of those arms into the possession of another person" within the contemplation of Section 29 (b) of the Arms Act, 1959 (for short, called the 'Act'), is the principal question that falls to be answered in this appeal by special leave directed against a judgment, dated August 16, 1971, of the High Court of Calcutta. It arises in these circumstances: On or about April 17, 1971, the Calcutta Police while investigating a case, went to premises No.4, Ram Kanai Adhikari Lane in Calcutta, and, on the ground floor of the building, they discovered a workshop run by Mrityunjoy Dutta, who was then working on a revolver. In the said premises, the police found several other guns, revolvers and rifles. All these fire-arms were seized by the police.
(2.) Mrityunjoy Dutta claimed to have received one of the guns so seized from one Matiar Rahaman gun-licensee and the rest from respondents 1 to 4 for repairs. Mrityunjoy Dutta had no valid licence to keep or repair these fire-arms under the Act. Respondents 1 to 4, however, were holding licences under the Act to run the business of repairing and dealing in fire-arms.
(3.) On April 17, 1970, (1971 ) the police charge-sheeted Mrityunjoy Dutta, Matiar Rahaman and respondents 1 to 4 to stand their trial in the Court of the Presidency Magistrate, in respect of offences under Sections 25 (1) (a) and 27 of the Act.;