Supreme Court Finds No Grounds for Arms Act Charges in Knife Possession Case.
03 December 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law
The appellant, Irfan, sought the quashing of a criminal case against him arising from FIR No. 477/2022 for possession of a buttondar knife, under Sections 25, 54, and 59 of the Arms Act, 1959. The knife, recovered from his possession, had dimensions smaller than those stipulated by the Arms Act and the Arms Rules. However, a 1980 Delhi Administration Notification (DAD Notification) regulated knives with certain dimensions, but only when they were intended for "manufacture, sale, or testing."
The charge-sheet did not allege that the appellant’s possession of the knife was for any of these prohibited purposes. The Court found that the prosecution failed to establish a case under the DAD Notification and determined that the proceedings against the appellant amounted to an abuse of legal process. Consequently, the FIR, charge-sheet, and all proceedings against him were quashed.
Section 2, Arms (Amendment) Act - 1985