P&H High Court Acquits Man With Punjab-Only Arms License Who Crossed Into Chandigarh While Asleep On Bus

The Punjab and Haryana High Court acquitted a man who was found in possession of a licensed firearm allowed in Punjab only, noting that the man had boarded a bus and fallen asleep, unintentionally crossing into Chandigarh, and held that there was no deliberate breach of the Arms Act.

While noting that he had travelled over 100 yards into the area of Chandigarh, Justice Sanjay Vashisth observed, "Considering the short distance involved and the fact that the petitioner was asleep during the journey, it is not reasonable to infer that he wilfully committed an offence by carrying the weapon in an unauthorized area without requisite permission. From the entirety of the oral and documentary evidence led by the prosecution, nothing has surfaced to demonstrate that the petitioner carried 01 pistol of .32 bore and 16 live cartridges with any unlawful intent or objective."

The Court rejected the Prosecution's contention that there was prior information from the wireless control room about the offence.

"I find myself in agreement with the submissions advanced on behalf of the petitioner. In the absence of any proof of prior information, specifically from the wireless control room, or at least a formal entry thereof in the records, it cannot be presumed that the prosecution has any credible basis to allege willful disobedience of the provisions of the Arms Act," the judge said.

Background

The Court was hearing a revision plea of Amritpal Singh, challenging the judgment of conviction passed under Section 25 of the Arms Act, 1959, as well as the order of sentence whereby he was sentenced to three years of rigorous imprisonment.

After examining the records, the Court noted that it emerges from the mouth of the prosecution witness that petitioner purchased a ticket from Jalandhar to Phase 6, Mohali, both locations within the Punjab area, indicating that at the time of embarking on the journey, there was no intention or element of wrongdoing on the part of the petitioner.

"Despite the bus belonging to the Chandigarh Transport Undertaking and being destined to enter the U.T. Chandigarh area, the ticket was purchased only for a destination falling within the State of Punjab, for which the petitioner held a valid license issued by the Arms Licensing Authority," it added.

The Court further noted that the statements of the witnesses revealed that the petitioner was suffering from a headache and had requested tablets from the conductor. Since the tablets were unavailable, the petitioner fell asleep.

The Court found that the petitioner was in possession of a valid arms license for the firearm he carried. According to the allegations, he had entered, during the course of the same journey, only approximately 100 yards into the area of U.T. Chandigarh, while seated on the bus from Jalandhar.

"It was therefore the bounden duty of the prosecution to produce documentary evidence establishing that the location, where petitioner was apprehended with the firearm actually lies beyond the territorial limits of the State of Punjab. However, the prosecution has failed to lead any notification, circular, or government order to demonstrate that the naka was established outside the boundaries of Punjab," the judge said.

In the absence of such evidence, the Court said, "it cannot be presumed/assumed that the area where the firearm was recovered falls beyond the jurisdiction of the State of Punjab."

Consequently, the Court directed the acquittal.

Mr. S.P.S. Sidhu, Advocate for the petitioner.

Mr. Vaibhav Mittal, A.P.P., U.T. Chandigarh.

Title: Amritpal Singh v. Union Territory Chandigarh

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