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The Queen Vs. Suppi and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad159
AppellantThe Queen
RespondentSuppi and anr.
Excerpt:
indian arms act, 1878, sections 4, 5, 9 - gunpowder and rockets for fireworks not ammunition. - innes and muttusami ayyar, jj.1. first defendant is a servant of a licensed vendor. neither of the two defendants is liable under the arms act, as the manufacture or possession of fireworks without a license is not contrary to that act. the manufacture or possession of fireworks, including rockets which are mere fireworks, does not come within the prohibition of section 5 of the arms act.2. the rockets referred to under the definition 'ammunition' are war-rockets.3. the conviction must be set aside and the fine refunded.
Judgment:

Innes and Muttusami Ayyar, JJ.

1. First defendant is a servant of a licensed vendor. Neither of the two defendants is liable under the Arms Act, as the manufacture or possession of fireworks without a license is not contrary to that Act. The manufacture or possession of fireworks, including rockets which are mere fireworks, does not come within the prohibition of Section 5 of the Arms Act.

2. The rockets referred to under the definition 'ammunition' are war-rockets.

3. The conviction must be set aside and the fine refunded.


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