Point of Law: Issuance of large number of fake arms licenses -There is no evidence with regard to the conspiracy as such the petitioner cannot be prosecuted in absence of any such evidence.

JUDGMENT :

1. In both these petitions, though the Arms licenses are different but the common issues have been raised by the petitioner, so both the petitions are being disposed of by a common judgment.

2. The brief facts of the case are that on the basis of a communication received from Special Cell, Delhi Police dated 10.09.1998, FIR No. 8/1999 was registered by the Crime Branch, Jammu against unknown persons on 06.07.1999 with regard to the issuance of large number of fake arms licenses to the non residents of District Jammu between the years 1994 to 1998 from the office of the District Magistrate/Additional District Magistrate, Jammu. Subsequently, vide notification dated 27.12.2001, the Ministry of Personnel, Public Grievances and Pension (DP&T), Government of India, New Delhi with the consent of Government of Jammu and Kashmir conveyed through notification vide SRO 467 dated 10.12.2001, investigation in FIR bearing No. 8/1999 of Police Station, Crime Branch, Jammu was entrusted to the Central Bureau of Investigation, respondent herein for further investigation and the case was re-registered as RC-7(S)/2002/SIU-I/CBI/SCR-1, New Delhi. During the course of investigation, 20 arms licenses were investigated by the respondent. Three Arms licenses bearing Nos. 55/JDM/95 in the name of Ajit Singh, No. 56/JDM/95 in the name of Manjodh Singh and No. 64/JDM/95 in the name of Feroze Khan form the subject matter of the charge sheet No. 11 dated 21.10.2011 whereas two Arms license No. 366/JDM/96 in the name of Bahadhur Singh and No. 511/JDM/96 in the name of Joginder Singh form the subject matter of charge sheet bearing No. 16 dated 21.10.2021.

3. In charge sheet No. 16, the learned Special Judge Anti Corruption, (CBI Cases), J&K, Jammu (hereinafter to be referred as the trial court) vide order dated 19.07.2013 framed the charges against the petitioner along with others for commission of offences under sections 120-B read with 420, 465, 467, 468, 471 of RPC and 5(1)(d) read with 5(2) of the Prevention of Corruption Act Samvat 2006 and section 30 of the Arms Act. Similarly in charge sheet No. 11, the learned trial court vide order dated 30.05.2013, has framed the charges against the petitioner and other accused for commission of offences under sections 120-B read with 420, 465, 467, 468, 471 of RPC and 5(1)(d) read with 5(2) of the Prevention of Corruption Act Samvat 2006 and section 30 of the Arms Act.

4. In both the petitions, the petitioner has impugned the criminal proceedings as also the orders dated 30.05.2013 and 19.07.2013 passed by the learned trial court by virtue of which the charges for commission of offences mentioned above have been framed against the petitioner along with others. The petitioner has assailed the criminal proceedings as well as framing of charges primarily on the ground that the charge sheets do not contain the licenses alleged to have been issued by the petitioner on the basis of which the petitioner has been sought to be prosecuted before the trial court. Besides this, issue with regard to the sanction has also been raised. It is further stated that the petitioner was given clean chit by the Crime Branch in FIR bearing No. 8/1999 and was cited as a witness in that FIR and the CBI has unnecessarily arrayed the petitioner as an accused in the instant FIR.

5. The common response has been filed by the respondents in both the petitions in which it has been stated that the petitioner has issued the Arms license dishonestly for extraneous considerations by abusing his official position as a public servant in violation of the provisions of Arms Act and Rules made there-under. It is further stated that the license has been issued on the false and forged documents and on the basis of false Police verification. The allegations those have been levelled against the petitioner have been reproduced in the response.

6. Charge-sheet bearing No.11 and the order dated 30.05.2013 is the subject matter of CRM (C) No. 267/2013:

a. A