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In Re: Mahomed Ismail Rowther - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1912)ILR35Mad596; 17Ind.Cas.408
AppellantIn Re: Mahomed Ismail Rowther
Excerpt:
arms acts, section 19(c) - intention not necessary to constitute offence. - .....are that between the landing stage and the custom abed, the petitioner was detected by the customs officer in the act of handing to a third person a parcel rolled in cloth which, when opened, was found to contain a revolver and 36 cartridges. the conduct of a traveller who honestly intended to comply with the rules would have been to leave the weapon in the bag where it was, till the luggage, had been convoyed to the customs officer and then before the examination of luggage to make a declaration about the fire arm and at once to deposit it with the customs officials. when the petitioner acted as he did, it cannot be said for certain that he would not have smuggled the revolver though unnoticed if the customs officer had not chanced to come up at the critical moment.2. he has.....
Judgment:
ORDER

Spencer, J.

1. Technically the petitioner committed an offence under Section 19 (c) of the Arms Act as soon as ha landed in British India with a revolver which he was not lawfully entitled to possess in this country, It is not necessary that there should be any particular intention in the mind of an offender to complete the offence punishable under this section, In this ease the facts, as found and admitted, are that between the landing stage and the custom abed, the petitioner was detected by the Customs Officer in the act of handing to a third person a parcel rolled in cloth which, when opened, was found to contain a revolver and 36 cartridges. The conduct of a traveller who honestly intended to comply with the rules would have been to leave the weapon in the bag where it was, till the luggage, had been convoyed to the Customs Officer and then before the examination of luggage to make a declaration about the fire arm and at once to deposit it with the customs Officials. When the petitioner acted as he did, it cannot be said for certain that he would not have smuggled the revolver though unnoticed if the Customs Officer had not chanced to come up at the critical moment.

2. He has been fairly treated and I decline to interfere with the conviction or sentence.


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