Arms Act, 1959. No prior sanction of the District Magistrate to prosecute is required if the prohibited arm is possessed for sale. Sanction required only in cases of mere possession of arm. Karnataka High Court.

Khadir Sab vs State of Karnataka. Criminal Petition 6173/2020 decided on 16 December 2020. Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/354801/1/CRLP6173-20-16-12-2020.pdf

Relevant paragraphs: 9.6 In the present facts and circumstances, the allegation against the petitioner is that he was in possession of prohibited arm with  an intention to sell the same. The said offence does come under Section 3 of the Arms Act, 1959 but comes within the purview of Section 7 of the Arms Act.

9.7.  In terms of Section 39 of Arms Act,  sanction is required only in respect of an offence under Section 3 of the Act that is only regarding possession of the Arm. No such sanction is required as contemplated in respect of an offence under Section 7 of the Act where prohibited arm is in possession and/or the same is proposed to be sold.

Compiled by S. Basavaraj, Advocate, Daksha Legal.