S MANGE NAIK Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision is filed against the judgment of the learned Judicial I Class Magistrate, Koilkuntla in CC. No.13 of 1997, confirmed by the I Additional Sessions Judge, Kurnool, in Criminal Appeal No.72 of 1999 for the offence punishable under Section 25 (1-B) (a) of the Arms Act, convicting and sentencing the petitioner to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000.00 in default to undergo simple imprisonment for a period of one month.

(2.) The case of the prosecution is that on 30-8-1995 at about 9.30 A.M., when the S.I. of Police of Banaganapalli, along with his staff members went to Banaganapalli-Peepalli cross roads and surrounded the petitioner on suspicion that he was in possession of illicit fire arms and country made bombs. When the accused ran away, the S.I. of Police chased him and arrested him and found one country made six-chambered revolver from out of his possession and he seized the same. After investigation, the police filed charge sheet.

(3.) The only contention raised by the learned counsel for the petitioner is that the prosecution launched against the petitioner without proving the order of sanction obtained from the District Magistrate, as required under Section 39 of the Arms Act, is not maintainable.