Court notice over mismatch in sanction & chargesheet

NEW DELHI: A court has sought response of the inspector, assistant commissioner of police (ACP) and the sanctioning authority concerned on why the statement of the sanctioning authority granting permission to prosecute does not match with the details in the chargesheet in a northeast Delhi riots case.
The observations came while hearing a bail application of Babu Wasim, arrested for allegedly supplying a countrymade pistol to co-accused Shahrukh Pathan, who has been booked for brandishing a pistol at a police officer during the February 2020 riots.
Additional sessions judge Amitabh Rawat noted that as per the prosecution, it was a case under Section 25 of Arms Act for which sanction under Section 39 had already been obtained. On perusal of the sanction under Section 39, the judge said, it appeared that Wasim was in exclusive and conscious possession of one countrymade pistol 7.65mm bore and 20 live cartridges without any valid licence and the same was the basis of sanction.
“However, this statement by the sanctioning authority does not appear to be correct as the chargesheet does not make any mention ofany exclusive or conscious possession of pistol and live cartridges in the possession of Babu Wasim,” the court said on July 11.
The court issued notice to the inspector, ACP who forwarded the chargesheet and the deputy commissioner of police to appear in person before it on July 14.
During hearing of the bail plea, Wasim’s counsel had argued that he was not related to the case and had been falsely implicated.
Special public prosecutor Anuj Handa, appearing for police, had opposed the plea saying there were telephonic conversations between Wasim and Pathan on December 6, 2019.