Emperor v. Baldeo Singh

Tudball, J.:— One Baldeo Singh has been convicted under section 19(f) of the Arms Act and sentenced to pay a fine of Rs. 5, in that he was in possession of certain empty cartridge cases, which had already been used for firing. The Officiating Sessions Judge of Mainpuri has referred the case to this Court, because in his opinion such empty cartridge cases do not fall within the definition of ammunition in section 4 of the Arms Act. The only ground which he gives for his opinion is a Punjab Ruling to be found at page 134 of Hawkins' Arms Act (2nd edition). I cannot possibly agree with the opinion expressed by the Officiating Sessions Judge of Mainpuri. It requires but the insertion of a percussion cap to make a cartridge case fit for future use. Gunwads are specifically included within the definition of ammunition, and to hold that cartridge cases were not part of ammunition would in my opinion lead to an absurdity. This point was considered by a Bench of the Bombay High Court in King-Emperor v. Ibrahim Alibhoy . It was there held that an empty cartridge case fell within the definition of ammunition. I fully agree with the opinion expressed therein. The case is not one which calls for any interference by this Court as the fine imposed is a small one. Let the record be returned.

Record returned.