[Delhi Riots] Delhi Court issues notice over mismatch in sanction & charge sheet of accused
The court was hearing a bail application of Babu Wasim, arrested for allegedly supplying a country-made pistol to co-accused Shahrukh Pathan, who has been booked for brandishing a pistol at a police officer during the February 2020 riots.
A Delhi Court on Monday issued notice to 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 charge sheet in a northeast Delhi riots case.
Additional Sessions Judge (ASJ) Amitabh Rawat of the Karkardooma Court, Delhi noted that according to the prosecution, it is a Section 25 Arms Act case against accused Babu Wasim for which a Section 39 Arms Act sanction has already been obtained.
Upon reading the said Sanction under Section 39 of the Arms Act, Court added that it appears that accused Babu Wasim was shown to be in exclusive and conscious possession of one country-made pistol 7.65 mm bore and 20 live cartridges without any valid license, which is the basis of the Sanction.
“However, this statement by the relevant sanctioning authority does not appear to be correct, as the charge sheet makes no mention of the accused Babu Wasim having exclusive or conscious possession of a pistol and live cartridges,” the court noted.
The counsel for Wasim argued that he was not related to the case and had been falsely implicated.
On Contrary, Special Public Prosecutor (SPP) Anuj Handa appearing for State opposed the plea stating the telephonic conversation between Wasim and Pathan that took place on December 6, 2019.
Accordingly, the Court issued a notice directing the inspector, ACP, and Deputy Commissioner of Police (DCP) to appear in court on July 14.
Case Title: State v. Wasim Babu