SURENDRA SINGH Vs. STATE

JUDGEMENT

(1.) THIS application has been filed Under Section 561 -A of the Code of Criminal Procedure for a review of an order passed by me in Cr. Appeal No. 2762 of 1964 on 25 -10 -1967, by which order the Applicant was convicted Under Section 19(f) of the old Arms Act and sentenced to 18 months' rigorous imprisonment thereunder.

(2.) THE recovery of the unlicensed arm from the Applicant was made on 26 -4 -1962 and the charge sheet against the Applicant was submitted Under Section 19(f) of the old Arms Act on 8 -6 -1962. The Applicant was convicted by the Magistrate under his judgment dated 11 -9 -1962, but his conviction was set aside by the Sessions Judge, Etah, in appeal and the Applicant was directed to be retried for the same offence. The Magistrate, before whom the case came up for retrial, acquitted the Applicant and thereupon the Government filed the Government Appeal No. 2762 of 1964 aforesaid which was allowed by this Court.

(3.) SO far as the question of sanction is concerned, it relates only to prosecution in respect of an offence Under Section 3 of Act 54 of 1959. If, therefore, the offence which was committed before the commencement of this Act is not covered by Section 3, aforesaid, it follows that even Section 39 will not be applicable to it. The sanction of the District Magistrate Under Section 39 will be necessary only in the case of an offence committed since the commencement of the new Act and punishable Under Section 25 read with Section 3 of the Act. If an offence was committed prior to the commencement of this Act and was punishable not under this Act but Under Section 19(f) of the old Arms Act the provision for prior sanction Under Section 39 of the new Act will not apply to it.