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Baldeo Singh Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in4Ind.Cas.405
AppellantBaldeo Singh
RespondentEmperor
Excerpt:
arms act (xi of 1878), sections 4 and 19(a) - ammunition, definition of--empty cartridge cases, possession of. - .....sessions judge of mainpuri has referred the case to this court because in his opinion such empty cartridge cases do not fall within the definition of ammunition in section 4 of the arms act. the only ground which he gives for his opinion is a punjab ruling jaman khan v. the empress 20 p.r. 1890 cr. i cannot possibly agree with the opinion expressed by the officiating sessions judge of mainpuri. it requires but the insertion of a percussion cap to make a cartridge case fit for future use. gun-wads are specifically included within the definition of 'ammunition' and to hold that cartridge cases were not part of ammunition would in my opinion lead to an absurdity. this point was considered by a bench of the bombay high court in king-emperor v. ebrahim alibhoy 7 bom. l.r. 474. it was there.....
Judgment:
ORDER

Tudball, J.

1. One Baldeo Singh has been convicted under Section 19(a) of the Arms Act and sentenced to pay a fine of Rs. 5, in that he was in possession of certain empty cartridge cases which had already been used for firing. The Officiating Sessions Judge of Mainpuri has referred the case to this Court because in his opinion such empty cartridge cases do not fall within the definition of ammunition in Section 4 of the Arms Act. The only ground which he gives for his opinion is a Punjab Ruling Jaman Khan v. The Empress 20 P.R. 1890 Cr. I cannot possibly agree with the opinion expressed by the Officiating Sessions Judge of Mainpuri. It requires but the insertion of a percussion cap to make a cartridge case fit for future use. Gun-wads are specifically included within the definition of 'Ammunition' and to hold that cartridge cases were not part of ammunition would in my opinion lead to an absurdity. This point was considered by a Bench of the Bombay High Court in King-Emperor v. Ebrahim Alibhoy 7 Bom. L.R. 474. It was there held that an empty cartridge case fell within the definition of ammunition. I fully agree with the opinion expressed therein. The case is not one which calls for any interference by this Court as the fine imposed is a small one. Let the record be returned.


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