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Supreme Court of India 2018-10-04 partly_allowed

Samir Ahmed Rafiqahmed Ansari vs State of Gujarat

Bench: 2 — R. Banumathi

In Brief

This case involved an appeal against conviction for possessing an unlicensed country-made pistol and ammunition. The appellant was initially convicted under Section 25(1AA) of the Arms Act (which addresses manufacture of prohibited arms), and the High Court enhanced his sentence from two years to seven years. The Supreme Court held that since the prosecution presented no evidence of manufacturing, the conviction under Section 25(1AA) could not stand. The Court modified the conviction to Section 25(1B)(a) (unlicensed possession) and reduced the sentence to the period already served, partly allowing the appeal.

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Criminal Law Arms Act Possession of Firearms Conviction and Sentencing Evidence Criminal Procedure

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