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1997 Supreme(All) 1196

S.K.PHAUJDAR
MOHD. NAZIM – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.N.MISHRA, Ajit Kumar, C.P.UPADHYAY, LAXMI KANT DUBEY, N.D.Shukla, S.F.A.Naqvi, V.P.Srivastava

S. K. PHAUJDAR, J.

( 1 ) ALL these cases have been taken up together as certain common questions of law regarding interpretation of the provisions of the Arms Act, 1959, had cropped up in all these matters. While taking up the matters, the common points will be dealt in common while the individual cases of the applicants, beyond the common points, shall be taken up separately. The cases could be grouped in three broad groups. In almost all the applications the FIRs in the respective case have been sought to be quashed. In some of them protection against arrest during investigation has been prayed for while in one case there is simply a prayer for transfer of the investigation of C. B. I. (in Crl. Misc. Application No. 4694 of 1997 ). Some of the applicants are dealers in arms, who are sought to be prosecuted for purchase of weapons allegedly smuggled into India. Some others are both purchasers and sellers while a third group consists of mere bona fide purchasers as per their claims.


( 2 ) THE basic facts behind these cases, bereft of the details, are as follows :on some report about illegal smuggling of arms into India, the District Magistrates of different districts issued directio































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