The Supreme Court has dismissed a case under the Arms Act against an individual accused of possessing a buttondar knife. A bench comprising Justices PS Narasimha and Sandeep Mehta ruled that the knife, measuring 31.5 cm in total length (with a 14.5 cm blade and a 17 cm handle), did not meet the criteria stipulated in the Arms Act, 1959, or the Delhi Administration Notification (DAD Notification) of 1980. Consequently, the Court declared the FIR and charge sheet unfounded, as the knife did not fall under the legal definition of a weapon.
The DAD Notification, issued on October 29, 1980, prohibits individuals in the Union Territory of Delhi from manufacturing, selling, possessing for sale, or testing spring-actuated knives, gararidar knives, buttondar knives, or any knives with a mechanical opening or closing mechanism. This prohibition specifically applies to knives with a sharp-edged blade longer than 7.62 cm and wider than 1.72 cm.
Initially, the High Court had declined a plea to quash criminal charges under Sections 25, 54, and 59 of the Arms Act against the accused. Following this, an appeal was filed in the Supreme Court. In its decision, the Supreme Court overturned the High Court’s order. Justice Mehta clarified that the DAD Notification’s restrictions apply exclusively to buttondar knives intended for manufacture, sale, or testing.
The Court further noted:
“A review of the report under Section 173 CrPC does not reveal even a hint that the appellant’s possession of the buttondar knife fell within the prohibited categories outlined in the DAD Notification. The evidence gathered during the investigation is insufficient to suggest any violation of the notification simply by possession of the knife.”
The Supreme Court concluded that the legal proceedings against the appellant, based on allegations in the charge sheet, amounted to an abuse of legal process. Consequently, the Court quashed the case and allowed the appeal.