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offences under arms act are bailable??

ARMS ACT 1959

SECTION 37. Arrest and searches

Save as otherwise provided in this Act,-

(a) all arrests and searches made under this act or under any rules made thereunder shall be carried out in accordance with the provisions of the 28[Code of Criminal Procedure, 1973 (2 of 1974)], relating respectively to arrests and searches made under that Code;

(b) any person arrested and any arms or ammunition seized under this Act by a person not being a magistrate or a police officer shall be delivered without delay to the officer in charge of the nearest police station and that officer shall-

(i) either release that person on his executing a bond with or without sureties to appear before a magistrate and keep the things seized in his custody till the appearance of that person before the magistrate, or;

(ii) should that person fail to execute the bond and to furnish, if so required, sufficient sureties, procedure that person and those things without delay before the magistrate.

 

it is bailable???????? but acoording to Cr P C its Non Bailable..... (sec. 3/25, 4/25 arms act)



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 1 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     01 March 2010

 

I think it's Bailable:

 

In one of Judgment AP High court observed as follows:

 

" The above Section 37 of the Arms Act contemplates that all arrests and searches which have to be made under the Arms Act or under any Rules made thereunder, shall be earned out in possession with the provisions of the Code of Criminal Procedure. Secondly, if once the arrest and search is made by a person not being Magistrate or Police Officer, it obligated them to deliver without delay to the Officer in charge of the nearst Police Station and that Officer either release the person his executing a bond with or without sureties to appear before a Magistrate and keep the things seized in his custody till the appearance of that person before the Magistrate or when the person fail to execute the bond and to furnish, if so required, sufficient sureties, produce that person and those things without delay before the Magistrate. The intent of the Legislature, in enacting the above said Section under the Arms Act, is to ensure that any arrest and searches, if required to be made under the Arms Act or Rules made thereunder, shall be in accordance with the Code of Criminal Procedure. If any person in possession of arms and ammunition is arrested by an

individual, other than Police Officer or a Magistrate, he has to hand over, the said person and the arms and ammunition seized from the possession of that person, to the incharge of a nearest police station and the said police official is empowered either to release him on bail on his personal bond with or without sureties and if such sureties are not furnised, the Police Officer may retain the person and those articles which are seized and shall be produced before the Magistrate, without any delay. Thus, evidently, the intention of the Legislature in enacting this provisions to prevent unnecessary arrests and searches, when the right to freedom of the individuals are involved. Therefore, I hold that in view of Section 37 of the Arms Act if any searches and arrests are to be made, it has to be done according to the provisions of the Code of Criminal Procedure.

 

If search of a persons of an individual is made by an official below the rank of a Magistrate or Police Officer, that individual, shall without delay, hand over those things and the person to the officer incharge of a nearest police station who in turn is empowered either to release him on bail on furnishing sureties or without surety. If the person so arrested fails to produce sureties, that person and those things shall be produced before a Magistrate without any delay."

 


Attached File : 49 49 kuruva surya prakash reddy vs the state of andhra pradesh on 10 december 2001.pdf downloaded: 467 times

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