MOHAN LAHIRI Vs. KING

JUDGEMENT

(1.) These two rules have been issued upon the application of two persons who have been convicted under Section 19 (f), Arms Act. Petitioner 1 Mohan Lahiri has been found to have been in possession of an unlicensed revolver, cartridges and two toy pistols, and has been sentenced to one year's rigorous imprisonment and a fine of Rs. 200. The other petitioner Tulsi Sao has been convicted for the possession of an unlicensed revolver and cartridges with which he was said to have threatened the police, and has been sentenced to two years' rigorous imprisonment.

(2.) The principal point taken on behalf of both petitioners is that the proceedings are null and void by reason of the fact that the sanction of the District Magistrate was not obtained in sufficient time. In the case of Mohan Lahiri, he was arrested after search of his house on 12th July 1948, On 26th July a Magistrate admitted him to bail. On 25th August sanction for prosecution was given by the District Magistrate, and on 17th September the police submitted charge-sheet.

(3.) In the case of Tulsi Sao, the search and arrest took place on 30th August 1948. The sanction was obtained on 14th November 1943, and the charge-sheet was submitted and cognizance taken by the Magistrate on 25th November.