SANCTION IN ARMS ACT CASE
vinod bansal
(Querist) 08 October 2010
This query is : Resolved
R/Experts
My client was apprehended with a illegal country made pistol and FIR u/s 25/54/59 Arms act was registered against accused,now challan has presented in the trial court but in challan there is no any sanction order of District Magistrate for prosecution of the case.I want to know that whether it is mandatory to obtain sanction for prosecution.Kindly suggest any citation if available.Regards Vinod Bansal Adv.
Sarvesh Kumar Sharma Advocate
(Expert) 09 October 2010
hello sir ,
how r u?
after a long time we are in touch!
sir,
it is mandatory to prove sec-25 arms act.
because in f.i.r. police always mention dt when we see the pistol dn it was in running position(chalu halat main tha)
how it will prove because police is not expert of wepon.
sir be in always touch & this is one of the benifit of this plateform...........
R.Ramachandran
(Expert) 09 October 2010
Dear Mr. Sarvesh,
Mr. Vinod is not asking whether it is mandatory to prove Sec. 25 Arms Act or not.
What he is asking is, when a person is charged u/s. 25 of the Arms Act - i.e. possession of an arm without valid licence as required under Section 3(1), whether the trial can proceed without there being a specific sanction from the District magistrate, as required under Section 39 which specifically states that "No prosecution shall be instituted against any person in respect of any offence under section 3 without the previous sanction of the district magistrate."
vinod bansal
(Querist) 09 October 2010
Thankyou very much Mr. R.Ramachandran ji and Sarvesh K Sharma ji.Regards
