Punjab HC requires weapon testing for Arms Act convictions

The Punjab and Haryana High Court has ruled that a person cannot be convicted under the Arms Act if a weapon taken from them has not been checked for functionality. The court emphasized that without verifying if a weapon can fire, it cannot be confirmed if it is a working firearm. Justice Jasjit Singh Bedi made this decision while reviewing the case of Jagtar Singh, a resident of Faridkot. Singh had been convicted in 2006 for possessing a country-made double-barrel pistol and two live rounds. He received a two-year prison sentence from a lower court. Singh challenged his conviction after spending years in prison. His lawyer argued that the police did not test the firing mechanism of the gun and, therefore, the weapon's ability to fire was not established. The police officer involved admitted in court that he had not checked the firing pin. In response, the prosecution said that a simple examination of the weapon was sufficient for a conviction. However, the court disagreed. It highlighted that the officer's report failed to confirm the weapon's functionality. As a result, the high court overturned Singh's conviction, and he was acquitted of all charges.