Legal Question in Criminal Law in India

Hire a good lawyer and defend the case.

25.01.2013

Dear Sir / Madam,

(Sonipat, Haryana)

Your approach in the case so far is absolutely correct. The lapse of the District Officer / Police Department in Sonipat to correctly advice you on the course of further action in the surrender / disposal of the firearm, despite reminders should be produced in defence of your case in Court.

Section 25 reads further -

(2) Whoever being a person to whom sub- clause (i) of clause (a) of sub- section (1) of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (3) 1[ Whoever sells or transfers any firearm, ammunition or other arms-- (i) without informing the district magistrate having jurisdiction or the officer in charge of the nearest police station.

As pointed above, you have ample evidence to plead that you have informed the Officer in charge at the nearest police station asking their advice on the line of action you need to initiate by highlighting the delay in number of months and days to the Judge. In my view, you have not contravened provisions of Section 25.

Central Government Act Section 30 in The Arms Act, 1959 30. Punishment for contravention of licence or rule.- Whoever contravenes any condition of a licence or any provision of this act or any rule made thereunder, for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rupees Two Thousand, or with both.

Please keep me posted for further guidance at [email protected]

Regards,

Since matter already reached stage of arguments, proceed with the matter and hope for an acquittal.