PURSHOTAM SINGH Vs. STATE

JUDGEMENT

(1.) The present appeal is directed againat the order dated July 18, 1985 of Shri P.S. Sharma. Addl. Sessions Judge, Delhi. The appellant was tried before the said court inrespect of the commission of an offence punishable under Section 307 read with Section 34 I P.C. by use of a revolver. The learned Addl. Sessions Judge acquitted the appellant but passed an order that the revolver in this case shall stand confiscated to the State. The petitioner feels aggrieved against the order of the confiscation of the revolver.

(2.) The provision regarding confiscation of a weapon or any arm is contained in Section 32 of the Arms Act, which reads as under :

(3.) However, one question arises as to whether the revolver should be handed over to the petitioner or not. The petitioner says that he is the owner of the revolver and was keeping the same under a valid license renewed upto 26th February, 1986. He has placed on the record photostat copy of his licence. However, this is a matter which can be decided by the learned Addl. Sessions Judge concerned on making of an application by the appellant. Therefore, the appellant will be at liberty to make an application to the Addl. Sessions Judge who shall decide the same in accordance with the law. A copy of this order shall be sent to the learned Addl. Sessions Judge for information and necessary action. This appeal stands disposed of.