Gyandera Kumar, J. - (1.)The Applicant was convicted Under Sec. 25(a) of the Arms Act and was sentenced to undergo one year's rigorous imprisonment.
(2.)Sec. 39 of the Arms Act requires "No prosecution shall be instituted against any person in respect of any offence Under Sec. 3 without the previous sanction of the District Magistrate". In this case it was the Addl. Distt. Magistrate (Executive) who had granted the requisite sanction for prosecution of the Applicant for being found in possession of an unlicensed fire arm and ammunition .
(3.)The argument of Mr. Burman, learned Counsel for the Applicant, is that the A.D.M. had no jurisdiction to grant that sanction and hence the very prosecution of the Applicant was illegal ab initio.
There appears to be considerable force in this contention.