LAWS(KAR)-1993-3-11

STATE OF KARNATAKA Vs. G LAKSHMAN

Decided On March 23, 1993
STATE OF KARNATAKA Appellant
V/S
G.LAKSHMAN Respondents

JUDGEMENT

(1.) Since the question of law and facts involved in both these petitions are common, both the petitions are clubbed and a common order is passed.

(2.) These two petitions arise out of a common order passed by the Chief Judicial Magistrate, Bellary, in C.C. No. 227 of 1985 on I.As. Nos. 13 and 14 dated 26-5-1989 wherein he rejected I.A. No. 13 filed by the D.S.P., C.B.I., seeking for permission to make further investigation and to stay the proceedings and I.A. No. 14 filed by the D.S.P., C.B.I., requesting the Court to drop the proceedings and to discharge the accused and to hand over the documents produced in the case to him for further investigation.

(3.) The case of the prosecution was as follows : Accused Nos. 1 to 3 at the time of initiation of proceedings were the joint proprietors of M/s. Dwaraka Arms Stores, Bellary, which was carrying on business in the manufacture and sale of Fire arms. Accused No. 6 was an Officer, Arms Section, Ministry of Defence, Government of India, who subsequently retired from service. On 13-10-1983 one G. Krishna Rangappa of G. Krishna Rangappa and Sons, Jewellers and Bankers, Bellary, volunteered information about the illegal activities of Accused No. 1 from 1961 to 1983. pursuant to the powers conferred under Rule 27 of the Arms Rules 1962 the District Magistrate, Bellary, inspected the premises of Dwarka Arms Stores. He conducted inspection along with his subordinates with police escort. During the course of inspection the following objectionable articles seized from the said stores : 1. One Single Barrel Gun No. FE/1/1982 with a revolving chamber containing 5 chambers; 2. One revolver and parts of revolver; 3. Two rifle barrels, each approximately 6 inches of length.