State vs . Bhupendra Singh on 12 January, 2011
20. Sanction under Section 39 of Arms Act was required to
be proved by the sanctioning authority in terms of law. PW10 SI Ram
Narain deposed of having not worked with Sh Atul Katyal, the then
Addl. DCP, South, during his such posting when he purportedly
accorded sanction Ex PW10/A. The sanction accordingly is not
proved in terms of law. Even alleged possession of Ex P1, country
made pistol and cartridge, Ex P2, from possession of accused
Bhupendra Singh has not been proved against him beyond reasonable
doubt as in the course of investigation done at spot on 28/05/2003 for
five continuous hours apparently no efforts, much less sincere
efforts were done to join any independent witness to search of
SC No. 23/09 13/15
State Vs. Bhupendra Singh
accused Bhupendra Singh or seizure of Exts P1 and P2 from his
person.