N.N.MATHUR,J. - (1.) By way of instant petition, the petitioner seeks to quash the proceedings against him for offence under Section 29(b) of the Arms Act.
(2.) The brief facts giving rise to the instant petition are that one Om Prakash lodged a First Information Report at Police Station, Khedapa stating inter alia that on 5.11.2000 a mob led by Charan Das and Madan Singh damaged his wall. It is also alleged that Charan Das fired at him. However, he escaped. The accused-Charan Das was arrested and a gun was also recovered from him. After usual investigation a charge-sheet has been filed against Charan Das and others for offence under sections 436 and 307 IPC. A charge-sheet has also been filed against the petitioner for offence under Section 29(b) of the Arms Act. It is contended by the learned counsel that there is no evidence worth the name that the accused-Charan Das used the gun belonging to petitioner-Sunder Das.
(3.) In order to appreciate the contentions it could be apt to read Section 29(b) of the Arms Act. 29. Punishment for knowingly purchasing arms, etc. from unlicensed person or for delivering arms, etc. to person not entitled to possess the same, whoever, (a) .................. (b) delivers any arms or ammunition into the possession of another person without previously ascertaining that such other person is entitled by virtue of this Act or any other law for the time being in force to have, and is not prohibited by this Act or such other law from having, in his possession the same. shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both." ;