“Sleeping Passenger, Not a Criminal”: Punjab & Haryana HC Acquits Man Accused under Arms Act

Case name: Amritpal Singh v. Union Territory Chandigarh

Date of Order: 15th September, 2025

Citation: CRR-2878-2022 (O&M)

Bench: Mr. Justice Sanjay Vashisth.

Held: The Court held that mere technical violation without mens rea or conscious possession cannot constitute an offence under Section 25 of the Arms Act. Since the petitioner possessed a valid arms license for Punjab, purchased a ticket only till Mohali, and unintentionally entered U.T. Chandigarh while asleep, there was no willful violation of law. The prosecution failed to prove conscious possession in an unauthorized area, or that the naka where the petitioner was apprehended was indeed beyond Punjab limits .

Summary: The petitioner, Amritpal Singh, was convicted by the Trial Court and the Appellate Court under Section 25 of the Arms Act for carrying a licensed .32 bore revolver with 16 cartridges in Chandigarh despite having a license valid only for Punjab. He challenged the conviction through a criminal revision. The High Court analyzed witness depositions, including the bus conductor’s admission that the petitioner had purchased a ticket only till Mohali and had fallen asleep, missing his stop. The Court found that the petitioner had no mens rea, was lawfully licensed in Punjab, and that the prosecution failed to show the naka was outside Punjab. Referring to Delhi High Court rulings on the necessity of “conscious possession,” the Court concluded that criminal intent was absent.

Decision: The High Court allowed the revision petition, set aside the judgments of conviction and sentence, and acquitted the petitioner of all charges.