Showing : 1-10 of 15 Results

UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Arms Act, 1959, Section 39, 25-- Sanction for prosecution - Offence u/s 25 of the Act - Sanction letter purported to be signed by District Magistrate, whose name also disclosed in it, but in charge sheet that person has not been named as a witness - I.O also not proved the sanction letter - Sanction for prosecution thus, not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(2)-- Prior sanction for prosecution - Validity - Sanction (Ext.57) qua A-3 accorded merely on the basis of possession and recovery of two walky-talkies from him - A-3 not examined by prosecution - A walky-talky is certainly not one of those classified arms and ammunition, as mentioned under TADA -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A)-- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of accused recorded under provisions of TADA Act - Since accused cannot be proceeded for TADA offences..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Arms Act, 1959, Section 25, 27, 30-- Sanction - At time of seeking sanction from competent authority, neither alleged arms nor cartridges were produced before competent Authority and consequently, sanction was not valid in eyes of law...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Arms Act, 1959, Section 5, 27, 30-- Offence u/ss 5, 27, 30 of Arms Act - No sanction for prosecution of accused was obtained from competent authority - Accused rightly acquitted...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Terrorism Act, 2002, Section 3, 4, 5, 21, 22, 50, Explosive Substances Act, 1908, Section 3, 4, 6, Indian Penal Code, 1860, Section 302, 307, 121, 153A, 120B, Arms Act, 1959, Section 27-- Murder - Attack on Akshar Dham Temple - Sanction for prosecution was not valid under POTA on account of no, application of mind - Even, confessional statements of accused was inadmissible as it were recorded in violation of provisions of the statute - Moreover, statement of accomplices cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, Arms Act, 1959, Section 25-- Contraband - Conviction - FSL report shows that sample was of diazepam and accused `M' cannot justify his possession and is liable under the Act - He was also found in conscious possession of a revolver and thus violated the provisions of Arms Act - Prosecution had obtained sanction for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Arms Act, 1959, Section 25-- Recovery of spring actuated knife - Neither any sanction to prosecute appellant u/s.25 of the Arms Act has been obtained from District Magistrate nor proved by prosecution - Appellant acquitted...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 449, 450, 302, 307, 34, Arms Act, 1959, Section 25-- Conviction - Appeal against - Question that report was not registered at given time not put to any of the witnesses - Considering lodging of police complaint with promptness shows that there is no possibility of any concoction or deliberation in drafting report - There is no disidentificaton of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Arms Act, 1959, Section 25, 39-- Possession and use of fire arm without license - Held, sanction of District Magistrate is mandatory and condition precedent for launching prosecution of accused...........

Showing : 1-10 of 15 Results