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Miscellaneous Criminal No. 32 of 1949 decided on 2nd June, 1949. Reference made by the Additional Sessions Judge, Muzaffara bad, dated‑ the 2nd April, 1949.

Arms Act (XI of 1878), Ss. 14 acid 19‑Keeping of arms without licence‑Ignorance of law is no excuse.

Kh. Muhammad Sharif, Assistant Advocate‑General, for Azad J. & K. Govt.

After carefully considering the order of the learned Additional Sessions Judge, Muzaffarabad, with which this case was forwarded to the High Court for taking action under section 438, Criminal Procedure Code, I am of opinion that the order passed by the Magistrate need not be interfered with in any manner.

The muzzle loading gun was recovered from Ali Haider on the 2nd November, 1948. The Indian Arms Act came into operation in March 1948 vide Resolution No. 279, dated the 22^nd March 1948 of the Azad Jammu and Kashmir Government. It cannot, therefore, be reasonably said that Ali Haidar had no knowledge that the possession of a gun without licence is an offence. The learned Sessions judge is labouring under the impression that it was necessary to proclaim in the villages that according to the afore‑mentioned resolutions of Azad Jammu and Kashmir Government no person could keep a gun without a licence. It is a well‑settled principle of law that as soon as any enactment is passed and is promulgated in the official gazette it comas into force and everybody is presumed to have knowledge of it. In the present case the gun was recovered some seven or eight months after it was ruled that his possession without licence was an off anc3. It cannot possibly be conceived that during such a long time Ali Haider did not come to know that possession of a gun without licence was an offence in the Azad Jammu and Kashmir Government territory. The Azad Jammu and Kashmir Government has an official gazetted and I am sure that when the Indian Arms Act was adopted the fact was notified in the said gazette. No objection has been taken that the Government did not publish the resolution by which the Indian Arms Act was adopted in the official gazette and consequently no further enquiry is necessary in this matter in order to settle all the points arising in the case. The Magistrate treated Ali Haider very leniently and no further latitude can be shown to him in the matter. The recommendation of the learned Sessions judge that fine should be reduced to 1 rupee is consequently not reasonable.

For the above reasons I refuse to take any action on the recommendation of the learned Sessions judge and dismiss the petition in revision of Ali Haider.

K, M. A.

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