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1979 Supreme(Cal) 256

JYOTIRMOYEE NAG
MANINDRA NATH DAS – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


JUDGEMENT

1. This Rule is directed against a proceeding being Case No. C/1430 of 1976, now pending in the Court of the learned Sub-Divisional Judicial Magistrate, 3rd Court, Asansol. The petitioners have prayed for quashing this proceeding and certain grounds have been urged in support of the same. Before dealing with these grounds, I may state the facts of the case in a nutshell. On 15th October, 1971, the learned Public Prosecutor, Burdwan, filed a petition of complaint against the petitioners, alleging that during inspection held on 15th December, 1970, of the shop of the petitioners named and styled as M/s. N. C. Daw and Co. at Raniganj, Burdwan of which the petitioner No. 1 is the licensee and the petitioner No. 2 is an employee of the petitioner No. 1, two revolvers, one noted in the stock register and another in the repairing register could not be produced on demand and further 99 pistol cartridges and 486 gun cartridges were found short on verification of stocks and that the petitioners without having a licence to repair fire arms accepted revolvers for repair. On these allegations sanction for prosecution under the Arms Act was obtained by the learned District Magistrate fo


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