[S.38 Arms Act] All Offences Under Arms Act Are Cognizable Offences: Karnataka High Court

The Karnataka High Court has dismissed a petition filed by an accused seeking to quash the criminal proceedings initiated against him under Section 30 of the Arms Act, 1959. Petitioner-accused contended that a coordinate bench of the Court had ruled that offences under Sections 30 and 35 of the Arms Act were non-cognizable.

In dismissing the plea, a single judge bench of Justice S Vishwajith Shetty held, "[On that occasion] Section 38 of the ARMS Act was not brought to the notice of this Court and therefore, the order passed by the Coordinate Bench of this Court in Crl.P.No.4567/2018, wherein, this Court has held that the offence under Sections 30 and 35 of the Act are non-cognizable offences is per incuriam.”

The petitioner Srinivas S N, had contended that the maximum punishment for the offence punishable under Section 30 of the Arms Act is imprisonment for a period of six months. Therefore, it was stated that the said offence was non-cognizable and that the Police had registered a case without complying with the requirements of Section 155(2) of Cr.P.C.

On the other hand, the prosecution opposed the plea saying that in view of Section 38 of the Arms Act, all offences under the Arms Act were considered cognizable offences within the meaning of the Criminal Procedure Code.

Advocate Sanmukh Reddy for Petitioner

HCGP K.P Yashodha for R1.

Citation No: 2024 LiveLaw (Kar) 166

Case Title: Srinivas S N AND State of Karnataka

Case No: CRIMINAL PETITION NO. 1858 OF 2024

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