ISSUE:
Whether the defence set up by an accused is really a defence of an exception or is a defence to assert the non-existence of a fact, which is an ingredient of an offence to be proved by the prosecution, depends upon the construction of the particular statute?
Whether the application for bail on ground of 'default' under Section 20(4) is filed first or the report as envisaged by Clause (bb) is filed by the public prosecutor first so long as both are considered while granting or refusing bail?
Whether in this context the words 'arms and ammunition' in Section 5 should be read conjunctively?
RULE:
Sections 3 and 7 read with Sections 25(1)(A), (1)(B)(a) of the Arms Act, 1959