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may 1972

Supreme Court of India · 1972-05-03

GUNWANTILAL vs THE STATE OF MADHYA PRADESH

Citation / case number
SC 1969/60300
Court
Supreme Court of India
Petitioner
GUNWANTILAL
Respondent
THE STATE OF MADHYA PRADESH
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that possession of a firearm under Section 25(a) of the Arms Act, 1959 requires both knowledge of possession and control over the weapon, even if not in actual physical possession. The Court clarified that a person can be charged with possession if they have control over the firearm, as illustrated by examples involving a house owner and a servant. The charge against the appellant was upheld, but the Court directed an amendment to the charge to reflect 'on or about 17-9-1966' instead of 'on or before'.

GUNWANTILAL vs THE STATE OF MADHYA PRADESH · Niyam