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FRASER
Government Advocate, North-West Frontier Province – Appellant
Versus
Fazal Rahim Haidar – Respondent
JUDGMENT
Fraser, J C - This judgment covers an appeal preferred by Government against the acquittal of a person convicted under Section 19(f), Arms Act, for the unlicensed possession of a pistol, dagger and three rifles. The acquittal was based on the absence of the District Magistrate's previous sanction required by Section 29 of the Act. The question raised before us is a most important question of law and practice and applies not only to the Peshawar, but also to the other four districts of the Frontier Province. We may clear the ground by saying that it is admitted by the Government Advocate that if the District Magistrate's previous sanction is regarded as necessary, its absence will be fatal to the prosecution case. This is clear, for it is the existence of the sanction which confers jurisdiction upon the trying Magistrate, Reference may be made to a decision of a Bench of the Lower Burma Chief Court in Nga Po Chein v. Emperor (1919) 8 LR 452. The only point left for our consideration is whether the previous sanction of the District Magistrate is necessary for the prosecution of a case under Section 19(f). Arms Act, 1878. Section 29 runs as follows:
Where an offence punishabl
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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