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GULAB SINGH V/S STATE OF M P 1987 M P L J 81 For a sanction under section 39 arms act to be valid, it has to be established that it was given in respect of the facts constituting the offence. It is desirable that the facts should be referred to in the sanction order. However if they do not appear on the face of it, the prosecution must establish by evidence that those facts were placed before the sanctioning authority. Sanction is not valid where the satisfaction is recorded mechanically. |
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