VidhiSangh

Supreme Court of India · 13/09/2018

MOHMED RAFIQ ABDUL RAHIM SHAIKH versus THE STATE OF GUJARAT

[2018] 11 S.C.R. 166 · 2018 INSC 813

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Summary

The Supreme Court set aside both appellants’ Arms Act convictions because ownership or recorded occupation alone did not establish conscious possession or joint control of the recovered arms and ammunition. The car owner was absent and had no proved knowledge of the cartridges; the recorded house occupier was imprisoned before and during the raid, with no evidence connecting him to the weapons or showing retained control.

Issues

  1. Whether ownership of the car or recorded occupation of the house established actual or constructive possession of recovered ammunition and weapons.
  2. Whether the statutory joint-occupation or joint-control liability applied.

Provisions considered

Held

Result

Both appeals allowed; convictions of Salim Shamsuddin Shaikh (A-2) and Mohmed Rafiq Abdul Rahim Shaikh (A-4) set aside.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 166.