TMI Blog1970 (11) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... ket of his trousers five live cartridges fitted to a charger of 303 rifle were recovered. The accused could not furnish any satisfactory explanation about the possession of the same. The Assistant Sub-Inspector of Police submitted an offence report to the Officer-in-charge of Badarpur G. R. P. S. After investigation charge sheet Under Section 25(1)(a) of the Arms Act was submitted against the accused-petitioner. Charge Under Section 25(1)(a) of the Arms Act was framed against him to which he pleaded not guilty. 3. The defence case was that the cartridges were not found with him. He alleged that the police personnel demanded sum of ₹ 500/- from him as he happened to be a Naga and when he refused to pay the same, the case had been in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1959 in connection with Badarpur G. R. P. S. Case No. 1 (9) 66 as recommended by the S. R. P. Assam Haflong vide his No. E/19954/SR-37/66, dated, 27-10-66. It is submitted at the bar that the letter of the S. R. P. is not in the case record. Mr. Chaudhury, the learned Counsel submits that the sanction in the instant case is bad on two grounds - firstly, that the sanction was not accorded by the District Magistrate as required Under Section 39 of the Arms Act, and secondly the alleged sanction is not a sanction for prosecution as required under the law. 7. The sanction has been accorded by the Additional District Magistrate (E), Cachar, No notification could be produced by the learned Counsel for the State to show that the Additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esirable that the facts should be referred to on the face of the sanction, but this is not essential since Clause 23 does not require the sanction to be in any particular form, nor even to be in writing. But if the facts constituting the offence charged are not shown on the face of the sanction, the prosecution must prove by extraneous evidence that those facts were placed before the sanctioning authority. The sanction to prosecute is an important matter; it constitutes a condition precedent to the institution of the prosecution and the Government have an absolute discretion to grant or withhold their sanction. They are not concerned merely to see that the evidence discloses a prima facie case against the person sought to be prosecuted. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar on the face of the sanction order found in the record. No evidence has been produced by the prosecution that the material facts were placed before the sanctioning authority for giving sanction for prosecution Under Section 39 of the Arms Act, That being the position it is not known whether the sanctioning authority at all considered the facts of the case before lie accorded the sanction. That apart, the sanction in the instant case appears to have been made as recommended by the S. R. P., which shows that it was simply a stereotyped order of the Additional District Magistrate without applying his mind to the facts of the case. 8. In the circumstances I hold that the sanction order, which appears in the record of the case, is not a san ..... X X X X Extracts X X X X X X X X Extracts X X X X
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