In Brief
Two men, A-2 and A-4, were convicted of possessing prohibited ammunition under the Arms Act, 1959 based on recovery from a car and house respectively. A-2, the registered car owner, was arrested though not present when prohibited cartridges were found in his vehicle; A-4, a house occupier, was arrested for weapons found in his bungalow while he was imprisoned. The Supreme Court held that mere ownership or occupancy, without proof of actual or constructive possession, knowledge, or control, cannot sustain conviction. The Court emphasized that conscious possession and retention of control at the time of recovery must be proved, and set aside both convictions as wholly unwarranted.
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