Empty Cartridges Not "Ammunition" Under Arms Act: Madhya Pradesh High Court

Referring to Rule 2(12) of the Arms Rules, 2016, Justice Satyendra Kumar Singh observed that empty cartridges may, at most, be considered to be minor ammunition, whose possession is specifically exempted under Section 45(d) of the Arms Act for any punishment under the said statute-

In the instant case, as per prosecution case itself it is alleged against the applicant that he was found having two empty cartridges i.e. fired cartridges. As empty cartridges neither contains any explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, therefore, submission made by the learned counsel for the applicant has force that empty cartridges will not fall under the definition of "Ammunition". In the judgment passed by the High Court of Delhi in the case of Chan Hong Saik (supra), which was followed in several other cases, it has been found that live cartridge is minor ammunition, therefore, empty cartridges can at he most be categorized as minor part of "Ammunition", which is specifically exempted under sub-Clause (d) of Section 45 of Arms Act, 1959 and the possession of which is not punishable under the said Act.

Facts of the case were that the luggage of the Applicant was being checked at an airport when the officer concerned found empty cartridges in it. When asked for an explanation, the Applicant had stated that he had picked them up from a shooting range abroad. Noting that he did not have any valid license, he was registered for an offence punishable under Section 25 of the Arms Act. Aggrieved, the Applicant moved the Court.

The Applicant submitted before the Court that empty cartridges do not come under the definition of Ammunition. Relying on the provisions under the Arms Act and Arms Rules 2016, it was asserted that even empty cartridges would not come under the preview of the term Cartridge. Thus, it was prayed that the application be allowed and the FIR against the Applicant be quashed.

Examining the submissions of parties and documents on record, the Court found merit in the arguments put forth by the Applicant. The Court noted that an empty cartridge can, at most, be brought under the category of minor ammunition but not Ammunition per se under Section 2 of the Arms Act.

With the aforesaid observations, the Application was allowed and the FIR and the subsequent proceedings against the Applicant was quashed.

Case Title: TAHER VERSUS THE STATE OF MADHYA PRADESH

Case Citation: 2022 LiveLaw (MP) 287

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