Madras High Court
Reggie Kurian vs The Inspector Of Police on 16 December, 2021
Crl.O.P.No.26590 of 2017 and
Crl.M.P.Nos.15282 & 15283 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2021
CORAM
THE HON'BLE MR.JUSTICE N. SATHISH KUMAR
Crl.O.P.No.26590 of 2017 and
Crl.M.P.Nos.15282 & 15283 of 2017
Reggie Kurian ...Petitioner
Vs
1. The Inspector of Police,
S-2, Airport Police Station,
Chennai – 600 027.
2. The Assistant Commissioner of Customs,
Anna International Airport, Chennai Airport,
Chennai – 600 027. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records in C.C.No.655 of 2014 pending on
the file of the learned Judicial Magistrate, Alandur and to quash the same.
For Petitioner : Mr.S.Karthikeyan,
for Mr.K.V.Sajeev Kumar
For Respondents : Mr.S.Vinoth Kumar,
Government Advocate (Criminal Side)
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ORDER
This petition has been filed to quash the charge sheet in C.C.No.655
of 2014 pending on the file of the learned Judicial Magistrate, Alandur filed
against the petitioner for the offences punishable under Section 3 r/w 25(1-
B)(a) of the Arms Act, 1959.
2. The crux of the prosecution is that the F.I.R has been lodged by the
Assistant Commissioner of Customs on the allegation that the accused in the
airport was found in possession of eight Walther Dominator 1250 Air Guns
of 5.5 mm caliber. Based on the complaint, the investigation proceeded and
the Air guns were seized.
3. The crux of the allegation is that the accused has smuggled the Air
guns for the purpose of selling the same for good profit to the members of
the Rifle Club Association. The accused is neither a member of any Rifle
Club nor was holding any license or permit to carry the Air guns. Thereby,
he committed the offence punishable under Section 3 r/w Section 25(1-B)(a)
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of the Arms Act, 1959.
4. The learned Counsel for the petitioner submitted that Air guns, Air
rifles and Air Pistols has to satisfy the following test, namely, that -
the projectiles discharged from such guns or
pistols do not perforate a target 12 inches square
formed by deal-wood boards of even grain, free
from knots, planed on both sides and of thickness
of ½ inch and 1 inch for Air Pistols and Air
guns/rifles, respectively
are excluded from Schedule II of the Arms Rules, 1962. Hence submitted
that there is no license required for the possession of Air guns. Further, he
contended that as per Section 45(d) of the Arms Act, 1959, the acquisition,
possession or carrying by a person of minor parts of arms or ammunition
which are not intended to be used along with complementary parts acquired
or possessed by that or any other person, the Arms Act cannot be applied
and the entire prosecution has to be quashed.
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5. The learned Counsel for the Respondent submitted that Schedule I
Category III of the Arms Rules, 1962 provides that Air guns and Muzzle
loading guns are also classified as arms. Hence, submitted that the
possession of the arms itself is an offence. Therefore, final report cannot be
quashed.
6. Heard both sides and perused the entire materials.
7. It is relevant to note that Category III(d) of Schedule I of Arms
Rules, 1962 classifies that Air gun is an arm and Item No.4 of Schedule II of
Arms Rules, 1962 described for the grant of licence to Air gun.
8. It is also relevant to note that Section 5 of the Act deals with
license for manufacture, sale etc., of arms and ammunition. The definition of
“firearms” in Section 2 (e) of the Arms Act, 1959 is as follows:
“ “Firearms” means arms of any description designed or adapted to
discharge a projectile or projectiles of any kind by the action of any
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explosive or other forms of energy, and includes –
(i) artillery, hand-grenades, riot-pistols or
weapons of any kind designed or adapted for the
discharge of any noxious liquid, gas or other such
things,
(ii) accessories for any such firearms
designed or adapted to diminish the noise or flash
caused by the firing thereof,
(iii) parts of, and machinery for
manufacturing, firearms, and
(iv) carriages, platforms and appliances for
mounting, transporting and serving artillery.”
9. A combined reading of definitions of the Firearms and Section 5
relating to the license for manufacturing and sales of the Arms Act, 1959
and Schedule I category III(d) and Rule 3 of the Arms Rules, 1962 which
includes Air guns and Muzzle loading guns as Firearms and also Schedule
II category III of the Arms Rules, 1962 relating to licensing authority and
the license shall be granted in the appropriate form to the purpose for which
it is applied. It cannot be said that possession of the weapon would not
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attract offence.
10. In this case, the learned Counsel for the respondents relied on the
judgment of this Court in the case of Anthony Harry Vs The State of Tamil
Nadu dated 22.04.2002 and in para 8 of the judgment it is held as follows:
“8. Section 5 of the Arms Act relates to license for
manufacture, sale, etc., of arms and ammunition.
According to sub-section (1), no person shall use,
manufacture, sell, transfer, convert, repair, test or prove,
or any firearms or any other arms of such class or
description as may be prescribed or any ammunition
unless he holds in this behalf a license issued in
accordance with the provisions of this Act and the rules
made thereunder. Section 25 of the Arms Act relates to
punishment for certain offences. It is also clear from the
Schedule I, of Arms Rules, 1962 Category III (d) refers to
Air-guns and muzzle-loading guns. Similarly in Schedule
II, Category IV relates to the licensing authority and the
license shall be granted in the appropriate form to the
purpose for which it is applied. In view of the aforesaid
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Rules, it is prima facie clear that the air-gun also comes
within the definition of fire arm and the license is
required.”
11. Considering the above judgment, arms includes Firearms as per
the definition of the Arms Act, 1959 and the definition itself indicates that
Air gun is a firearm and as per Schedule I Category III(d) of the Arms
Rules, 1962, also, Air guns are included as a Firearms. In such view of the
matter, this Court is unable to accept the contention of the learned counsel
for the petitioner in this matter and this petition is liable to be dismissed.
12. Accordingly, this Criminal Original Petition is dismissed.
Consequently, connected miscellaneous petitions are closed.
16.12.2021
ggs / kbs
Internet: Yes
Index: Yes
Speaking Order
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Crl.O.P.No.26590 of 2017 and
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N. SATHISH KUMAR, J.
ggs / kbs
To
1. The Judicial Magistrate,
Alandur.
2. The Inspector of Police,
S-2, Airport Police Station,
Chennai – 600 027.
3. The Assistant Commissioner of Customs,
Anna International Airport, Chennai Airport,
Chennai – 600 027.
Crl.O.P.No.26590 of 2017 and
Crl.M.P.Nos.15282 & 15283 of 2017
16.12.2021
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