A Bihar native, who was found caught with an illegal country-made pistol in Mohali in 2021, has been sentenced to three-year rigorous imprisonment by a local court.
The court of additional sessions judge Harsimranjit Singh also imposed a fine of ₹10,000 on the convict, Mustkeem Ali.
As per case files, Mustkeem Ali was found in conscious possession of an unlicensed country-made pistol, along with three live 7.65 mm cartridges. The recovery, effected during a police raid on October 2, 2021, was supported by the testimony of the investigating officer and corroborated by a recovery witness. The court further relied on a forensic ballistic report, which confirmed that the pistol was in working condition and the cartridges were live, establishing that the weapon was functional and fell within the ambit of the Arms Act.
The court also noted that the prosecution had duly obtained sanction under Section 39 of the Arms Act from the competent authority, thereby fulfilling the mandatory legal requirement for prosecution.
Observing that the defence failed to discredit the recovery or the forensic evidence during cross-examination, the court concluded that the charge under Section 25 (1-B)(a) of the Arms Act stood proved beyond reasonable doubt against Mustkeem Ali.
On the other hand, the court acquitted co-accused Shiv Chopra, Vijay Kumar, Salman Ali and Karanveer Singh of all charges. It specifically observed that the alleged weapons recovered from Shiv Chopra and Salman Ali were merely toy pistols, which do not fall within the definition of “arms” under the Arms Act. As such, no offence under the Arms Act was made out against them.
{{/usCountry}}On the other hand, the court acquitted co-accused Shiv Chopra, Vijay Kumar, Salman Ali and Karanveer Singh of all charges. It specifically observed that the alleged weapons recovered from Shiv Chopra and Salman Ali were merely toy pistols, which do not fall within the definition of “arms” under the Arms Act. As such, no offence under the Arms Act was made out against them.
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