The petitioner was prosecuted before the Judicial Magistrate 1st Class, New Delhi, for an offence under Section 25 of the Arms Act 1959 (hereinafter referred to as the Act) with the allegation that on 15-12-1968 at about 12 noon the petitioner was found in possession of a revolver without a licence. The police filed the challan' against the petitioner on 26-12-1968 and the petitioner appeared in the trial Court on 18-1-1960. Copies of the documents referred to under Section 173, Cri.P.C. were supplied to her. These copies did not include the copy of any order sanctioning the prosecution of the petitioner as required under Section 39 of the Act. On 21-2-1969, a charge was framed against the petitioner under Section 25 of the Act to which the petitioner pleaded not guilty. The case was then fixed for taking the prosecution evidence. The case came up for hearing on a number of dates but no evidence was actually recorded. On 6-12-1969, the learned counsel for the petitioner raised an objection before the learned trial Court that the petitioner could not be posecuted for an offence under Section 25 of the Act without the previous sanction of the District Magistrate as required und