Case Note & Summary
The appellant, Irfan Khan, was charged under Sections 25, 54, and 59 of the Arms Act, 1959, based on FIR No. 477/2022 registered at Police Station Govind Puri, Delhi. The allegations stated that he was found in Pravasi Park acting suspiciously and upon search, a buttondar knife measuring 31.5 cm in total length (blade 14.5 cm, handle 17 cm, width 3 cm) was recovered. After investigation, a charge-sheet was filed. The appellant filed a petition under Section 482 CrPC before the Delhi High Court seeking quashing of the FIR, charge-sheet, and proceedings, which was dismissed on 18th April 2023. The appellant then appealed to the Supreme Court by special leave. The key legal issue was whether the possession of the knife fell within the ambit of the DAD Notification dated 29th October, 1980, issued by the Delhi Administration. The notification prohibits the manufacture, sale, or possession for sale or test of certain knives, including buttondar knives, with a blade length of 7.62 cm or more and breadth of 1.72 cm or more. The appellant argued that the charge-sheet contained no allegation that his possession was for manufacture, sale, or test, and thus no offence was made out. The State contended that the issue should be decided at trial. The Supreme Court examined the charge-sheet and found that there was not even a whisper that the appellant's possession was for any of the prohibited categories. The State's counter affidavit did not refute this specific plea. The Court held that before requiring an accused to undergo trial, the prosecution must at least present basic allegations constituting the ingredients of the offence. Since the essential ingredient of possession for manufacture, sale, or test was missing, the proceedings were an abuse of process. The Court allowed the appeal, set aside the High Court's order, and quashed the FIR, charge-sheet, and all consequential proceedings.
Headnote
A) Criminal Law - Arms Act, 1959 - Sections 25, 54, 59 - DAD Notification dated 29.10.1980 - Essential Ingredients - The DAD Notification prohibits manufacture, sale or possession for sale or test of certain knives with specified dimensions. The court held that mere possession of a buttondar knife, without any allegation that it was for manufacture, sale or test, does not constitute an offence under the notification. The charge-sheet contained no whisper of such purpose, and the State's counter affidavit did not refute the appellant's plea. Therefore, the proceedings were quashed. (Paras 8-12) B) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Lack of Prima Facie Case - Where the charge-sheet does not disclose the essential ingredients of the alleged offence, the High Court ought to quash the proceedings. The Supreme Court held that the totality of evidence collected was insufficient to draw even a remote inference of violation of the DAD Notification. (Paras 10-12)
Issue of Consideration
Whether the mere possession of a buttondar knife, without any allegation that it was for manufacture, sale or test, constitutes an offence under the Arms Act read with the DAD Notification dated 29th October, 1980.
Final Decision
Appeal allowed. Impugned order dated 18th April, 2023 passed by the High Court of Delhi is set aside. FIR No. 477/2022, charge-sheet, and all consequential proceedings are quashed.
Law Points
- Interpretation of DAD Notification
- Essential ingredients of offence under Arms Act
- Quashing of criminal proceedings for lack of prima facie case
- Possession for sale or test requirement
