SUBBU AND ORS. Vs. THE STATE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned Government Pleader.

(2.) THE petitioners are said to be Accused Nos. 1 and 2 against whom there are allegations of offences punishable under Section 120 -B of the Indian Penal Code, 1860 and Sections 3 and 27 of the Arms Act, 1959, on the basis of the complaint of the Police Inspector, CCB, Mangaluru. It is alleged that on credible information as to Accused Nos. 1, 2 and 6 on the instruction of Accused Nos. 3 and 4 were conspiring the murder of certain builders by name Siraj and Abdul Ravoof and in furtherance of the conspiracy, they had assembled with arms at Kuntapadhavu of Mangaluru Taluk and were making preparations on 21.06.2014 at 3.00 p.m. The complainant along with his staff had conducted a raid and saw that there were four persons in the shed and on seeing the complainant and his men, two persons are said to have escaped. However, the complainant had apprehended Accused Nos. 1 and 2 who are the present petitioners and on a personal search, had recovered 2 Petra and Breta Italian Pistols, 11 live cartridges, two mobile phones and cash of Rs. 1.5 lakh. Accused No. 2 was found in possession of one Petra and Breta Italian Pistol and six live cartridges. Both the accused did not possess any licence in respect of those fire arms and ammunition. On further interrogation, they had revealed that cash and fire arms were supplied to them by Accused Nos. 3 and 4 who are said to be involved in several antisocial activities and are referred to as underworld dons.