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Supreme Court of India 2018-09-13 allowed

Mohmed Rafiq Abdul Rahim Shaikh vs State of Gujarat

Bench: 2 — S.A. Bobde

In Brief

Two appellants were convicted under the Arms Act for possessing prohibited ammunition and firearms. A-2, the registered owner of a car from which cartridges were recovered while being driven by another person in a drunken state, and A-4, listed as the occupier of a bungalow (though detained in prison for three months before the search) in which firearms were discovered, challenged their convictions. The Supreme Court held that mere ownership or registration as an occupier, without proof of consciousness, knowledge, intent, and effective control over the prohibited items or premises, is insufficient for conviction. Both appellants' convictions were set aside as the prosecution failed to establish these essential elements.",

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Criminal Law Arms Act Possession Evidence Constructive Possession Prohibited Ammunition Criminal Procedure

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