AMIR Vs. STATE

JUDGEMENT

(1.) By this petition the petitioners Amir @ Saleem, Sonu @ Zakir and Shahjad @ Abid seek setting aside of the judgment dated 6th November, 2019 whereby the learned Additional Sessions Judge dismissed the appeal filed by the petitioners challenging the judgment of the learned CMM dated 31st January, 2019 convicting the petitioners for offence punishable under Section 25 Arms Act and the order on sentence dated 5th February, 2019 directing them to undergo sentence of simple imprisonment for a period of three years and a fine of Rs. 1000/ each.

(2.) Learned counsel for the petitioner contends that the material witness of the prosecution Inspector Sunil Kumar to whom the information was passed and on whose directions the raiding team was constituted was not examined before the Court. The sanction granted by the DCP concerned is without application of mind for the reason pistol allegedly recovered from the petitioner was not placed before the sanctioning authority. No public witness was joined at the time of apprehension of the petitioners. No efforts were made by the investigating agency to trace the source of arms and ammunition allegedly recovered from the petitioners. There are glaring discrepancies in the deposition of the prosecution witnesses. It is further contended that no case was made out before the learned CMM for awarding the maximum sentence imprisonment for a period of three years.

(3.) Learned APP for the State has taken this Court to the impugned judgment of conviction and order on sentence and contends that there is no error therein and no case for reduction of the sentence is also made out. The sanction was granted by the competent authority after going through all the material documents and the exhibits are not required to be sent to the sanctioning authority for grant of sanction.