Chennai Court November 1946 Judgments

In Re: Alagathorai Padayachi

Court: Chennai

Reported in: (1947)1MLJ200

ORDERYahya Ali, J.1. The petitioner has been convicted under Section 19(i) of the Indian Arms Act for failing to deposit a gun under the provisions of the said Act. The license expired on the 31st December, 1945 and it would appear that the petitioner had applied before that date for the renewal of the license; but the renewed license was not received until the 5th February, 1946. Usually a month's period of grace is allowed within which the license-holder may keep the weapon though the renewed license was not received. The petitioner's case is that he took advantage of the period of grace and kept the weapon in his possession without depositing it as required under the Arms Act. He fell ill on the 21st January, 1946 and recovered on the 17th February, but in the meantime, on the 5th February, the license had been renewed. The question to be considered is whether in these circumstances an offence under Section 19(i) of the Indian Arms Act has been committed. The period of grace is not ...