STATE OF U P Vs. AJAI KUMAR

JUDGEMENT

(1.) G. S. N. Tripathi, J. This is an appeal filed under Section 378, Cr. P. C. , against the order of acquittal passed by the C. J. M. , Pilibhit on a charge under Section 21 (1) of the Arms Act.

(2.) THE main allegation against the accused is that Shanti Swarup Saxena s/o Chottey Lal was a licence- holder of Licence No. 906 in respect of a D. B. L. Gun, Sri Saxena died on 29-11-84. His son, Sri Ajai Kumar depo sited the gun with Mishra Gun House, Station Road, Pilibhit. However, he held it with him from 30-11-84 to 12-1-85 without a licence. THErefore, he committed an offence under Section 21 (1) of the Arms Act.

(3.) ANOTHER fault of the prosecution case was that whereas the District Magistrate granted sanction for prosecution under Section 25, Arms Act, the prosecution was launched under Section 21 (1) of the Arms Act. Therefore, there was no application of mind in granting the sanction. The entire prose cution is liable to be thrown out on this ground alone.