CHANDRA PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application in revision arises out of a case Under Section 25(1)(a) of the Indian Arms Act, 1959. The Applicant was found possessed of a country made pistol and some live cartridges and of course there was no licence for the same. He was convicted by the Sub Divisional Magistrate, Koil, and sentenced to six -months rigorous imprisonment and his appeal against his conviction was dismissed by the Additional Sessions Judge, Aligarh.

(2.) THE only point raised during the hearing of this revision was that for a prosecution Under Section 25(1)(a) of the Arms Act (54 of 1959) it was necessary for the prosecution to obtain the sanction of the District Magistrate Under Section 39 of the aforesaid Act, which sanction had not been obtained and that, therefore, the prosecution and subsequent conviction was invalid.

(3.) RELIANCE on behalf of the Applicant was placed on two decisions of this Court, Mani Shanker v. State, 1967 AWR 633 and Jawahar v. State, 1967 AWR 294 in which two Single Judges of this Court have taken the view which is now being put forward on behalf of the Applicant. The State counsel has, on the other hand, relied upon a Division Bench decision of the Bombay High Court, State v. Bhim Sha Chanbasappa Kore AIR 1962 Bombay 188 which is a case Under Section 29 of the Arms Act (11 of 1878) but the point decided in the case is the same.