Constructive possession under the Arms Act extends to conscious control over a firearm, and a sanction is valid with essential facts.

Possession under Section 25(a) of the Indian Arms Act is not limited to physical custody and includes constructive possession where the accused had conscious knowledge of the firearm and effective power or control over it. On that basis, a charge alleging possession was not defective merely because the weapon was recovered from another person. The prosecution sanction was also valid because it contained the essential facts of the alleged offence, including possession, the relevant date, and absence of a valid licence. The objection on territorial jurisdiction was not entertained.

---

---

Issues: Whether, for an offence under Section 25(a) of the Indian Arms Act, possession of a firearm includes constructive possession with consciousness and power or control, and whether the charge framed on that basis was within the sanction for prosecution.

Analysis: The relevant offence punishes possession of a firearm in contravention of the licensing requirement. The Court held that possession in this context is not confined to physical custody. It includes constructive possession where the accused has knowledge of the firearm and retains power or control over it, even if actual custody is with another person. On that basis, a charge alleging possession on the relevant date was not defective merely because the weapon had been physically recovered from another person. The sanction for prosecution was also sufficient, because it contained the material facts required under the Arms Act, namely possession, date, and absence of a valid licence. The objection as to territorial jurisdiction was not entertained, and the other contention was not pressed.

Conclusion: The charge was valid, constructive possession was sufficient for the offence, and the sanction did not fail for want of necessary particulars.

Ratio Decidendi: Possession under Section 25(a) of the Indian Arms Act includes constructive possession, but only where the accused has conscious knowledge of the firearm and retains effective power or control over it; a prosecution sanction is valid if it states the essential facts constituting the alleged offence.

---