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1 - 10 of 12 (0.18 seconds)Section 39 in The Arms Act, 1959 [Entire Act]
The Arms Act, 1959
Section 3 in The Arms Act, 1959 [Entire Act]
Section 19 in The Arms Act, 1959 [Entire Act]
Section 182 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 195 in The Code of Criminal Procedure, 1973 [Entire Act]
Madan Mohan Singh vs State Of Uttar Pradesh on 7 May, 1954
This Court held in Madan Mohan v. State of Uttar Pradesh following the Privy Council case in Golak Chand that where facts do not appear on the face of the letter sanctioning prosecution, it is incumbent upon the prosecution to prove by other evidence that the material facts constituting the offence were placed before the sanctioning authority. Under the Arms Act all that is required for sanction under Section 39 is, that the person to be prosecuted was found to be in possession of the firearm, the date or dates on which he was So found in possession and the possession of the firearm was without a valid licence. As all the elements are contained in the sanction in this case, it is not an illegal sanction nor can it be said that the charge travels beyond that sanction.