Sanction under Section 39 of the Arms Act is not required for prosecution of offences under Sections 25 and 27 of the Act, unless the charges are framed for contravention of Section 3.

P. K. TRIPATHY, J.

( 1 ) IN this application under S. 482 of the Criminal Procedure Code, 1973 (in short 'the Code') petitioners who are the accused persons in Sessions Trial No. 85/73 of 1997 of the Court of Chief Judicial Magistrate-cum-Assistant Sessions Judge, Khurda have prayed to quash the order dated 28-2-1997 of the trial Court by which learned Assistant Sessions Judge framed charge against the petitioners for the offence under Ss. 25 and 27 of the Arms Act, 1959 and S. 326 and 307/149, IPC.

( 2 ) IT is alleged by the prosecution that on 21-4-93 at about 10 a. m. when the informant Siri Dei and a co-villager Buna Dei were tending cattle in and around the disputed cashew field, petitioners with many other (co-accused persons) came there with fire- arms and deadly weapons like Pharsa, Katuries and lathies, outraged modesty of the informant and on hearing her shout when her co-villagers came to the spot petitioners and the co-accused persons attacked and assaulted them by using the aforesaid weapons. That report of the informant was registered as Jankia P. S. Case No. 87/93 and C. K. Case No. 364 of 1993 in the Court of S. D. J. M. Khurda. After completion of investigation, charge-sheet for the offence under Ss. 147/148/354/326/307/149 Indian Penal Code and under Ss. 25 and 27 of the Arms Act was submitted. Learned S. D. J. M. took cognizance of the said offences and as and when the accused persons were apprehended, they were committed to the Court of Sessions for trial. The above named petitioners were committed to the Court of Sessions to face their trial vide order dated 27-1-1997 of the Court of S. D. J. M. After commitment, on 28-2-97 learned Assistant Sessions Judge perused the records, passed the impugned order and accordingly framed charge against the petitioners for the offences in the manner already narrated.

( 3 ) LEARNED counsel for the petitioners contended that taking cognizance of the offence and framing of the charge for the offences under Ss. 25 and 27 of the Arms Act, is bad in law inasmuch as sanction as required under S. 39 of Arms Act was not obtained at any stage till submission of charge-sheet. He further argued that in the absence of any grievous injury framing of charge for the offence under S. 326, IPC is unwarranted and when there is no evidence in record to prima facie satisfy that there was an intention to kill, framing of charge for the offence under S. 307, IPC is equally fallacious.

( 4 ) LEARNED Additional Standing Counsel while admitting that no sanction under S. 39 of the Act has been obtained, argued that such a question can be raised at the time of trial i. e. , at the time of hearing of argument and merit of that contention can be considered properly by the trial Court. He, however, argued with reference to material in the case diary that prima facie evidence is available to sustain the charge for the offence under Ss. 326 and 307, IPC. Accordingly, he argued to reject the application under S. 482 of the Code.

( 5 ) BEFORE dealing with the arguments advanced in respect of sanction as required under S. 39 of the Arms Act, it is proper to refer to the language used in the statute in Ss. 3, 5, 25, 27 and 39 of the Arms Act, 1959. The same are quoted as hereunder :-"3. Licence for acquisition and possession of fire-arms and ammunition - (1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder : Provided that a person may, without himself holding a licence, carry, any fire-arm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. (2) Notwithstanding anything contained in sub-section (1) no person, other than a person referred to in sub-sec. (3), shall acquire, have in his possession or carry, at any time, more than three fire-arm