Sanction order u/s 39 arms act
S.M.SHUAIB
(Querist) 01 June 2014
This query is : Resolved
dear sir i am new into practice. so facing some problems. i have a case of robbery where police has effected recovery of TAMANCHA on my client. they have also got sanction order from JT. COMMISSIONER of POLICE.
sir how should i cross examine the personnel s who are part of this sanction order. it is very much obvious that JT. CP would not come to the court. in his absence who will come and wha kind of questions can be asked from him. plz help
ROHIT SHARMA
(Expert) 01 June 2014
1. You see the police must have booked him u/s 3 of the Arms Act, 1959 and as per u/s 39 of the said Act, the police must have taken sanction of the Jt. C.P. who is deemed as District Magistrate in terms of s. 39 of the said Act to prosecute such person u.s 3 of the said act for being in possession of a fire arm without license.
2. For to depose such fact that the sanction was obtained as u/s 39 of the said Act the Jt. C.P. would not appear in person before the court unless the court desires so.
3. In cross examination of the I.O you can dig into the facts as to whether the fire arm was of prohibited bore or other wise a non fire arm, locally made.
Rajendra K Goyal
(Expert) 02 June 2014
Take guidance from a senior lawyer on the basis of the contents of case file.
T. Kalaiselvan, Advocate
(Expert) 02 June 2014
Take the help and guidance of local senior advocates, approach them without reservation, one or the other will willingly help you.
S.M.SHUAIB
(Querist) 03 June 2014
I AM VERY MUCH THANKFUL TO ROHIT SHARMA SIR who has removed my fear to an extent, but still i need more clarification as in Haryana most of the times IO does not go to the off. rather it is the reader of JT. CP who is the real person to do the job and JT.CP just puts his signature.
ROHIT SHARMA
(Expert) 03 June 2014
Dear Mr. S. M. Shuaib,
1. As answered by me the sanction u/s 39 of the Arms Act, 1959 is a matter of routine procedure and therefore when a person who is apprehended with a fire arm, the apprehension/detention note is prepared by the reader/writer of the concerned police station which is then countersigned by the Jt.C.P. and this then completes the required formalities of obtaining the required sanction said section.
2. The reader/writer attached to a police station and who works under the direction of the P.I. of the P.S. - is authorized to prepare such detention note and can then get the signature of the Jt. C.P. to complete the formalities. The role of the I.O. follows after such sanction is given.
S.M.SHUAIB
(Querist) 05 June 2014
i am extremely grateful to you sir. hope this knowledge will help me a lot in future.
regards
S.M.SHUAIB
(Querist) 11 June 2014
what is the difference between section 34 and 120-B IPC. for me there is hardly any difference as any crime is committed in furtherence of either the common intention or the criminal conspiracy.
inspite of this i have seen that in a single FIR both the sections are imposed.
then comes the 149 of IPC. which is also very much similar to the above 2 sections except the fact that 149 comes into play when there are 5 or more persons.
please clarify
