KARTAR CHAND Vs. STATE

JUDGEMENT

(1.) THIS is a reference from Additional Sessions Judge, Delhi. The order dated 292-1960 of the Court of the first instance directing continuance of the trial for the offence under Section 19 (f ). Arms Act, without the alleged sanction of the District magistrate was impugned.

(2.) ON 26-6-1959 the petitioner was found being in possession of a loaded English pistol without licence or permit. In the course of the trial it was objected that the prosecution could not proceed without the prior requisite sanction of the District magistrate as contemplated by the provisions of Section 29 of the Indian Arms Act, 1878 (XI of 1878 ). The learned trial Magistrate by his aforesaid order repelled the objection. The said order dated 29-2-1960 was called in question in revision before the learned Additional Sessions Judge who, while relying on a Bench decision in mehar Chand v. State, AIR 1959 All 660, recommended to this Court that the prosecution of the petitioner being illegal for want of sanction of the District magistrate be quashed.

(3.) I heard counsel for the parties at length and examined the relevant material and provisions of the Arms Act bearing on the question involved.