Is an offence u/s 25(1B)(a) read with sec.3(1) of the Arms Act, 1959 bailable or not?
3. Licence for acquisition and possession of fire-arms and ammunition.-(1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:
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25. * * *
(1B) Whoever-- (a) acquires, has in his possession or carries any firearm or ammunition in contravention of section 3;
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shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine: Provided that the Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than one year
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37. Arrest and searches.-Save as otherwise provided in this Act,- - (a) all arrests and searches made under this Act or under any rules made thereunder shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating respectively to arrests and searches made under that Code;
(b) any person arrested and any arms or ammunition seized under this Act by a person not being a magistrate or a police officer shall be delivered without delay to the officer in charge of the nearest police station and that officer shall--
(i) either release that person on his executing a bond with or without sureties to appear before a magistrate and keep the things seized in his custody till the appearance of that person before the magistrate, or
(ii) should that person fail to execute the bond and to furnish, if so required, sufficient sureties, produce that person and those things without delay before the magistrate.
Does it mean that bail is a matter of right under section 37?
