1 APPLN. 554.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 554 OF 2011 IN CRIMINAL APPEAL NO. OF 2011 The State of Maharashtra. ... Applicant. V/s. Ajay Palla Tak & Ors. ... Respondents. Mr. D.P. Adsule, APP for the Applicant. CORAM : NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATED : 26th JULY 2011. P.C. :- Heard learned APP. Perused the Judgment of acquittal recorded in Sessions Case No.416 of 2009 dated 31.01.2011. It was alleged that on secret information received by Police that few persons with deadly weapons have made preparation to commit dacoity at a petrol pump, the three accused were allegedly nabbed. One of them had a pistol, sword and chilly powder with a dagger. 2. The learned Judge found that the act of accused should have been proved to be amounting to preparation to commit dacoity. The evidence collected by the prosecution, could not conclusively lead to inference that the accused had 2 APPLN. 554.11.sxw assembled to commit dacoity. The recovery of dagger and the arms are not proved. No notification in terms of Section 4 of the Arms Act, was placed and consequently, the learned Judge acquitted the Accused for the offence punishable under Section 25 of the Arms Act. There was no sanction from the District Magistrate in terms of Sections 3 and 39 of the Arms Act. View taken by the learned Assistant Sessions Judge, Pune was possible view. Consequently, leave to file appeal refused. The Application and Appeal dismissed. (K.U. CHANDIWAL,J.) (NARESH H. PATIL,J.)