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The owner of a car in which prohibited ammunition was found was acquitted as the Supreme Court had observed that it is necessary to prove that the accused person had the intention of possession at some point in time before they discovered and retained control of the objects at the time of the recovery.
The trial court in this particular case had convicted the owner of the car and sentenced him for a period of seven years according to the arms act, 1959. The court said a person cannot be charged with the offences unless it can be shown that he had the knowledge that any sort of prohibited item was present in his car.
In this case, the bench noted that there is no evidence that the accused knew what the accused was carrying in the car or that he had kept the prohibited ammunition in the car. The bench also acquitted an occupier of a bungalow where, according to the main accused, some more arms were hidden. This occupier was in prison when his house was raided.
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