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1962 Supreme(SC) 206

N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR, K. N. WANCHOO, B. P. SINHA, T. L. VENKATARAMA AYYAR
Jia Lal: Bliagwana – Appellant
Versus
Delhi Administration: State Of U. P. – Respondent


Advocates:
B.K.Khanna, C.P.LAL, D.P.Singh, G.C.MATHUR, K.K.SINHA, P.D.MENON, R.K.GARG, S.C.AGRAWAL, SARJU PRASAD

Judgment

VENKATARAMA AIYAR, J. : The appellant in Criminal Appeal 69 of 1961 Jia Lal was searched by the Delhi Police on April 15, 1959 and was found to be in possession of an English pistol for which he held no licence. He was then prosecuted for an offence under S. 20 of the Indian Arms Act of 1878 (XI of 1878), hereinafter referred to as the Act before the Additional Sessions Judge Delhi who convicted him under S. 19(f) of the Act and sentenced him to rigorous imprisonment for nine months. No sanction for the prosecution had been obtained as required by S. 29 of the Act. The appellant then took the matter in appeal to the High Court of Punjab which confirmed his conviction but reduced the sentence to 4 1/2 months rigorous imprisonment. It is against this judgment that this appeal by special leave is directed.

2. The appellant in Criminal Appeal 62 of 1960 Bhagwana was searched by the Saharanpur Police on August 6, 1956 and was found to be in possession of a country-made pistol and four cartridges for which he held no licence. He was prosecuted before the City Magistrate, Saharanpur under S. 19(f) of the Act and was convicted and sentenced to six months rigorous imprisonment. No






































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