Arms Act, 1959, Section 27 -- Offence u/s 27 of the Act - `Unlawful purpose' of using arms and ammunitions is no longer inseparable component of delinquency - Accused admittedly a police official at time of incidence and arms and ammunitions used for commission of offence were placed in his possession under sanction accorded by Competent Authority - Accused being in..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1), 3, 5, Arms Act, 1959, Section 25(1B)(a), 27 -- Sanction for prosecution - Offence u/ss 3, 5 of TADA Act and Ss.25(1B)(a), 27 of Arms Act - Recovery of arms - Basic material for constituting an offence under both Arms Act and TADA Act is identical i.e recovery of prohibited arms in a notified area..........
Arms Act, 1959, Section 39, 3 -- Offence u/s 3 of the Act - Sanction of District Magistrate is a pre-condition for initiating prosecution against a person u/s 3 of the Act - Without a sanction being produced by prosecution, Court ought not to have taken cognizance on final report...........
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 proved - Illegality committed, as without..........
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 -..........
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..........
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...........
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...........
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..........
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..........
