R.P.Khosla, J.

1. This appeal at the instance of the Punjab State is from an appellate judgment of acquittal.

2. The respondent, Inder Singh, resident of village Malikpur was tried upon charge of having been found in possession of one country made .12 bore pistol and one .12 bore live cartridge without requisite permit or licence. Magistrate 1st Class, Karnal, found him guilty and while convicting under Section 25 of the Indian Arms Act 1959 sentenced him to undergo rigorous imprisonment for six months and a fine of Rs. 100/- or in default to undergo rigorous imprisonment for a further period of 15 days. On appeal, Sessions Judge, Karnal, upon the findings that the sanction for prosecution postulated under Section 39 of the Indian Arms Act (No. 54 of 1959) had been accorded by the Additional District Magistrate whereas it ought to have been by the District Magistrate, held the trial vitiated and acquitted the respondent.

3. Mr. Gaur appearing in support of the instant appeal on the strength of the provisions of Section 10, sub-section (2) of the Code of Criminal Procedure reading -

"10(2) The State Government may appoint any Magistrate of the first class to be an Additional