Supreme Court of India Quashes Criminal Proceedings for Possession of Buttondar Knife Due to Insufficient Allegations.
03 December 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law | FIR >> Criminal Law
In Irfan Khan v/s State (NCT of Delhi)., the appellant seeks the quashing of the criminal proceedings arising from FIR No. 477 of 2022, registered against him for possessing a buttondar knife in violation of the Arms Act. The appellant was found in possession of the knife, and the police charged him under Sections 25, 54, and 59 of the Arms Act. The High Court had previously dismissed the appellant's petition to quash the proceedings, prompting the present appeal.
The crux of the issue lies in whether the knife in question violated the provisions of the DAD Notification (1980), which regulates the possession of certain knives with specific dimensions for purposes like manufacture, sale, or testing. The investigation did not indicate that the appellant was carrying the knife for any of these prohibited purposes. The prosecution's charge-sheet did not provide sufficient evidence to suggest that the appellant's possession of the knife violated the DAD Notification, as there was no allegation that the knife was meant for sale or testing.
The Court ruled that the charge-sheet lacked the necessary allegations to sustain the case, and as such, the proceedings against the appellant amounted to an abuse of the legal process. Consequently, the appeal was allowed, and the FIR, charge-sheet, and all related proceedings were quashed.