FIRST LAW

Arms Act, 1959 - Section 25 - 'Conscious Possession' - the expression 'possession' refers to possession backed with the requisite mental element, that is, 'conscious possession' - Mere custody without the awareness of the nature of such possession does not constitute an offence under the Act - 'Conscious possession' of any fire arm / ammunition is a necessary ingredient of the statutory offence, entailing strict liability on the offender.

Evidence Act, 1872 - S. 27 - Only the recovery of weapon of commission of offence would be taken to be admissible as a discovered fact pursuant to the disclosure made by the accused but not his confessional statement that he had murdered the deceased by the said weapon.

Penal Code, 1860 - S. 324 - Arms Act, 1959 -  S. 4 & 25 (1B) (b) -  Offence is not made out, when prosecution has failed to establish length and width of the sword to bring it within a prohibited Arm, in view of the notification of the State Government dated 22.11.1974. HIGH COURT OF CHHATTISGARH, BILASPUR S.B. : Hon'ble Mr. Justice Prashant Kumar Mishra Judgment On Board 23/3/2018  CRR No. 458 of 2006 · Budheshwar, S/o Atma Ram Dhobi, Age about 45 years, R/o Village Sarva, PS Kasdol, District Raipur (CG) ---- Petitioner Versus · State Of Chhattisgarh, Through District Magistrate, Raipur (CG) ---- Respondent For Applicant Mr. YC Sharma, Advocate For Respondent /State Mr. Bhaskar Pyasi, Panel Lawyer 1. Heard. 2. The applicant's conviction under Section 324 of IPC and Section 25 of the Arms Act, 1959 (in short “the Act, 1959”) and sentence of RI for one year for each of the offence and fine of Rs.1000/- & Rs.200/- respectively, for causing injuries...