Delhi Police pulled up for filing chargesheets without requisite sanction in Arms Act cases

A Delhi Court has said that filing of chargesheets by the Delhi Police’s Crime Branch without obtaining requisite sanction in an Arms Act case appeared to have been done to keep accused behind bars while “defeating their right to default bail” [State v. Rahul]..Acting on an accused’s bail plea, Chief Metropolitan Magistrate Arun Kumar Garg directed the senior police officers to take note of the situation..“I deem it appropriate to bring the aforesaid matter to the notice of the Commissioner of Police, Delhi with a direction to him to take appropriate action as per law against the erring officers and to ensure that no similar incident takes place in future under intimation to this Court within seven days from today,” the Court said in an order of September 7..The State, through the prosecutor, argued that the accused Rahul was chargesheeted for the offence under Section 25 of the Arms Act and he did not deserve bail. It was contended that the Forensic Science Laboratory (FSL) result in the case awaited and that the accused could commit a similar crime if released..The Court, however, noted that the accused had been in custody since his arrest on November 11, 2020. Though the investigating officer (IO) had chargesheeted him only for the offence under Section 25 of the Arms Act, the Court observed that the cognisance of the offence hadn’t been taken till date for want of sanction under Section 39 of the Arms Act by the DCP Crime Branch, despite repeated opportunities and directions..“Even vide order dated 27.08.2021, one last and final opportunity was given to the DCP Crime Branch under intimation to Joint Commissioner of Police, Crime Branch to file the requisite sanction under Section 39 of the Arms Act within three days. However, it appears that the said directions have fallen on the deaf ears and the Court is unable to take cognisance of the only offence, for which the accused has been chargesheeted, for want of sanction under Section 39 of the Arms Act,” the Court said..While granting the accused bail, the Court highlighted that the accused couldn’t be kept in custody for an indefinite period..Before parting with the order, the Court said, “I would like to note that a number of chargesheets are being filed by the Crime Branch for the offence under Section 25 of the Arms Act alone without requisite sanction under Section 39 of the Arms Act despite expiry of considerable period of time. The only purpose for filing of the chargesheets without requisite sanction under Section 39 of the Arms Act, despite knowing fully well that the Court shall not be able to take cognisance of the offence for want of sanction, appears to be to keep the accused behind the bars while defeating their right to default bail in as much as no steps for filing of the supplementary chargesheet with requisite sanction are taken by DCP Crime Branch unless prodded by the Court.”.Therefore, the matter was stated to be brought to the notice of the Commissioner of Police, Delhi with a direction to him to take “appropriate action as per law against the erring officers and to ensure that no similar incident takes place in future under intimation to this Court within seven days from today.”.[Read Order]