JUDGMENT
Kernan and Kindersley, JJ.
1. The Head Assistant Magistrate convicted the second, third, and fourth accused under Section 191 of Act XI of 1878, of going armed in contravention of Section 132 of Act XI of 1878, in that, being licensed to possess arms for the destruction of wild animals, they went armed for purposes of sport, and the sixth accused under the same section for being in possession of arms contrary to Section 143 of Act XI of 1878.
2. The District Magistrate submits that the second, third, and fourth accused were authorized to drive a jungle for bison, inasmuch as bison are notoriously in the habit of injuring crops, for the protection of which the license to carry arms is granted, and that the conviction of the sixth accused is illegal, inasmuch as the Collector’s sanction for the prosecution was not obtained under Section 294 of Act XI of 1878.
3. The High Court, concurring with the District Magistrate, quashes the conviction against the second, third and fourth accused, and directs that the fines levied be refunded if they have been paid. With regard to the conviction of the sixth accused, the High Court also agrees with the District Magistrate and sets aside the conviction, and directs the refund of the fine imposed if it has been levied.
1 For breach of Sections, 5, 6, 10, 13 to 17.
[Section 19: Whoever commits any of the following offences (namely):
(a) manufactures, converts or sells, or keeps, offers or exposes for sale any arms, ammunition or military stores in contravention of the provisions of section five ;
(b) fails to give notice as required by the same section ;
(c) imports or exports any arms, ammunition or military stores in contravention of
the provisions of section six ;
(d) transports any arms, ammunition or military stores in contravention of a regulation or prohibition issued under section ten ;
(e) goes armed in contravention of the provisions of section thirteen ;
(f) has in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of section fourteen or section fifteen ;
(g) intentionally makes any false entry in a record or account which by a rule made under section seventeen Clause (c), he is required to keep ;
{h) intontionally fails to exhibit anything which by a rule made under section seventeen, Clause (e), he is required to exhibit; or
(i) fails to deposit arms, ammunition or military stores, as required by section fourteen or section sixteen ;
shall be punished with imprisonment for a term which may extend to three years or with fine or with both.]
2 Prohibition of going armed without license.
[Section 13: No person shall go armed with any arms except under a license and to the extent and in the manner permitted thereby.
Any person so going armed without a license or in contravention of its provisions may be disarmed by any Magistrate, Police officer or other person empowered by the Local Government in this behalf by name or by virtue of his office.]
3 Unlicensed possession of fire arms, &c.
[Section 14: No person shall have in his possession or under his control any cannon or fire arms, or any ammunition or military stores except under a license and in the manner and to the extent permitted thereby.]
4 Sanction required to certain proceedings under Section 19 Clause (f).
[Section 29: Where an offence punishable under section nineteen, clause (f), has been committed within three months from the date on which this Act comes into force in any province, district or place to which Section 32, clause 2 of Act XXXI of 1860 applies at such date, or where such an offence has been committed in any part of British India not being such a district, province or place, no proceedings shall be instituted against any person in respect of such offence without the previous sanction of the Magistrate of the district, or in a presidency town of the Commissioner of Police.].
