AGARWALA, J. - (1.) THIS is an application in revision against an order of the Sessions Judge of Mirzapur dismissing an appeal of the applicant against an order of the Judicial Officer of Mirzapur convicting the applicant under Section 19(f), Arms Act and sentencing him to undergo three months' rigorous imprisonment.
(2.) THE prosecution case was that on 25th November 1947, at about 2 P.M. on a search of of the house of the applicant in the city of Mirzapur, a spearhead was recovered from his possession. Admittedly the applicant had no licence for possessing the spearhead. He was, therefore, prosecuted under Section 19(f), Arms Act. The only defence raised by him was that the spearhead, Ex. 1, which was recovered from his possession was not an arm within the meaning of Section 4, Arms Act. The Magistrate considered that it was an arm within the meaning of the Act and convicted him as aforesaid. In appeal several other points were raised. All his contentions were, however, overruled and the order of the Magistrate was confirmed.
(3.) THE position under the Indian Arms Act read with the Indian Arms Rules, 1924, as made by the Central Government, and for the time being without considering the notification of the U.P. Government of 1946, is as follows : Section 13, Arms Act prohibits persons going armed without licence. Section 14 prohibits the possession of fire -arms without licence. Section 15 (with which we are really concerned) prohibits the possession of arms of any description other than fire -arms without licence. It reads as follows : Section 15 - "In any place to which Section 32, clause 2 of Act No. 31 of 1860 applies at the time this Act comes into force or to which the Local Government . . . may, by notification in the official Gazette, specially extend this section, no person shall have in his possession any arms of any description, except under a licence and in the manner and to the extent permitted thereby." Section 15, therefore, prohibits the possession of arms in any place (a) to which Section 32(2) of Act 31 of 1860 was applicable on the date on which the Arms Act came into force, or (b) to which the Central Government has extended this section. Now clause (1) of Section 32 of Act 31 of 1860 deals with the disarming of certain areas and clause (2) prohibits the possession of arms in such areas as also in areas in which a general search for arms had been ordered under Section 24 of Act 28 of 1857. It, therefore, follows that Section 15, will apply to places where, (a) there has been an order for a general search for arms under Section 24 of Act 28 of 1857, or (b) there has been an order for disarming under clause (1) of Section 32 of Act XXXI 31 of 1860, or (c) there has been an order under Section 15 of the present Arms Act.;