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Issues: Whether the prosecution sanction under Section 39 of the Arms Act, 1959 was valid and, if not, whether the conviction and sentence could stand.
Analysis: The sanction order did not disclose the facts constituting the alleged offence on its face, and the prosecution did not lead extraneous evidence to show that the relevant facts were placed before the sanctioning authority. The order indicated that sanction had been accorded merely on recommendation, which showed no application of mind to the facts of the case. In the absence of a valid sanction, the statutory condition precedent to prosecution was not satisfied, and the criminal court lacked jurisdiction to try the accused. The defect was not curable under Section 537 of the Code of Criminal Procedure, 1898.
Conclusion: The sanction was invalid and the conviction and sentence could not be sustained; they were quashed in favour of the petitioner.
Final Conclusion: The revision succeeded because the prosecution failed to establish a lawful sanction, thereby vitiating the entire trial for want of jurisdiction.
Ratio Decidendi: Where a statute makes sanction for prosecution a condition precedent, the sanction must be shown to have been granted on the facts constituting the offence, with application of mind by the sanctioning authority; failing that, the trial is without jurisdiction.
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