AIR 1962 SUPREME COURT 1781 ::1962 AllCriR 431 ::1964 (1) MadLJ(Cri) 373 ::1963 BLJR 951 ::64 Pun LR 1051 ::1964 2 SCJ 143 ::1963 2 SCR 864 ::1963 3 SCR 22 ::1964 2 SCR 336 ::1963 2 SCWR 117 ::ILR 1964 42 Pat 475

Supreme Court Of India

(From: (1) Punjab.* (2) Allahabad.**

Hon'ble Judge(s): B. P. Sinha, P. B. Gajendragadkar, K. N. Wanchoo, N. Rajagopala Ayyangar, T. L. Venkatarama Ayyar , JJJ

(A) Arms Act (11 of 1878) , S.29, S.19(f)— S. 29 is wholly unconstitutional and void as contravening Art. 14 - S. 19(f) is not void Both sections are severable - Doctrine of severability - Civil and Criminal Laws - No distinction. Constitution of India , Art.14— AIR 1959 All 660, Overruled. Article 14 prohibits hostile legislation directed against individuals or groups of individuals, but it does not forbid reasonable classification, And in order that a classification might be valid, it must rest on an intelligent differentia which distinguishes it from others and further that must have a reasonable relation to the object of the legislation. There can be a valid classification based on a geographical differentia, but even then, that differentia must be pertinent to the object of the legislation.(Para 7) Examining S. 29 in the light of the history of the legislation it will be seen that it makes a distinction between the areas to which S. 32 of the Arms and Ammunition Act 31 of 1860 applied and other areas. The former included territories which had been disarmed under orders of the Governor General in accordance with cl. (1) and those in which a general search had been ordered under cl. (2) which under the notification of December, 1958: comprised the territories north of the Jumna and Ganga. Section 29 provides t....