THE STATE Vs. INDER SINGH

JUDGEMENT

(1.) THIS appeal at the instance of the Punjab State is from an appellate judgement of acquittal.

(2.) THE respondent, Inder Singh resident of village Mailikpur was tried upon charge of having been found in possession of one country -made .12 bore pistol and one.12 bore live cartridge Without requisite permit or licence. Magistrate 1st Class, Karnal, found him guilty and while convicting under section 25 of the Indian Arms Act 1959 sentenced him to undergo rigorous imprisonment, for six months and a fine of Rs. 100/ - or in default to undergo rigorous imprisonment for a further period of 15 days. On appeal, Sessions Judge, Karnal, upon the findings that the sanction for prosecution postulated under section 38 Of the Indian Arms Act (No. 54 of 1959 had been accorded by the Additional District Magistrate whereas it ought to have been by the District Magistrate, held the trial vitiated and acquitted the respondent.

(3.) THE argument evolved that "the District Magistrate" contemplated by the provisions of section 39 of the Indian Arms Act was not persona designate and the sanction accorded by the Additional District Magistrate who had been invested with the powers of a District Magistrate satisfied the requirements of those provisions, appears to have merit.