Case Note & Summary
The case involved an appeal by the appellant against his conviction under Section 25 of the Arms Act and Section 5 of the TADA Act. The appellant was found in possession of a double-barrel shotgun and five cartridges during a police operation on 17/18 March 1992. The trial court based its conviction on the testimonies of police officers who claimed the appellant possessed the firearm and cartridges. However, the prosecution did not provide any evidence to demonstrate that the gun was in working condition or that the cartridges were live. The court noted that the trial court's presumption of the firearm being operational was unfounded due to the absence of expert testimony or any corroborative evidence. Consequently, the Supreme Court allowed the appeal, set aside the conviction, and ordered the immediate release of the appellant unless he was required in connection with another case.
Headnote
A) Criminal Law - Possession of Firearm - Conviction under Arms Act and TADA Act - Lack of Evidence - Arms Act, 1959, Section 25; TADA Act, 1987, Section 5 - The appellant was convicted for possession of a firearm and cartridges, but the prosecution failed to provide evidence that the firearm was in working condition or that the cartridges were live. The court held that without such evidence, the conviction could not be sustained and set aside the lower court's judgment, acquitting the appellant. (Paras Not mentioned).
Issue of Consideration
Whether the conviction under the Arms Act and TADA Act was justified in the absence of evidence proving the working condition of the firearm.
Final Decision
The Supreme Court allowed the appeal, set aside the conviction under the Arms Act and TADA Act, and acquitted the appellant, ordering his immediate release unless required in another case.
Law Points
- Possession of firearm
- Presumption of working condition
- Burden of proof
- Arms Act
- TADA Act
