Bombay HC: Possession of weapon does not amount to offence under Arms Act if prosecution fails to prove notification banning possession of certain weapons

 Prosecution under Section 4 of the Arms Act is maintainable only when there is a notification thereby banning possession of the certain weapons. It is not produced on record. Even though one witness P.W. No. 8 is examined on the point the publication of the notification under Section 37 of the Bombay Police Act his testimony is oral testimony and not supported by evidence as to how publication of the notification under Section 37 of the Bombay Police Act was made. Possessing the weapon can be offence when only public came to know that their possession is banned. The trial court has rightly acquitted the Respondent No. 1 for the offence under Arms Act and Police Act. {Para 18}

 IN THE HIGH COURT OF BOMBAY

Criminal Appeal No. 923 of 2014

Decided On: 13.03.2023

The State of Maharashtra Vs. Vijay Tukaram Jadhav and Ors.

Hon'ble Judges/Coram:

S.M. Modak, J.

Citation: 2023 ALLMR (Cri) 2502,MANU/MH/3507/2023.

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