O. H. MOOTHAM, CJ.

( 1 ) THIS is an application for the revision of an order of the Civil and Sessions Judge, Budaun, dated 15-3-1958, dismissing an appeal from an order of a learned Magistrate convicting the applicant of an offence under Section 19, Clause (f) of the Indian Arms Act, 1878, and sentencing him to undergo rigorous imprisonment for one year.

( 2 ) THE offence was committed in village Palia Danda, and as that village is north of the river ganga the applicant was prosecuted without the sanction of the District Magistrate. It is common ground that under Section 29 of the Act the sanction of the District Magistrate for the institution of proceedings under Section 19, Clause (f) is not necessary if the offence is committed north of the Ganga, although it is necessary if it be committed south of that river. The applicant contended that the descrimination made in Section 29 between the two classes of offences was unconstitutional, and he relied on Mehar Chand v. State 1959 All LJ 464 : (AIR 1959 All 660 ). In that case a Division Bench of this Court held that the discrimination made in Section 29 contravened Article 14 of the Constitution and that in consequence sanction wa

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