BRIG JAGIR SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 ( Crpc ) is directed against an order dated 14th February, 1995 passed by the learned Additional Sessions Judge, Delhi ( ASJ ) whereby the revision petition filed by the Respondent State was allowed and an order dated 9th February, 1989 passed by the learned Additional Chief Metropolitan Magistrate, Delhi ( ACMM )discharging the Petitioner Brigadier Jagir Singh in FIR No. 93 of 1984 under section 26 of the Arms Act was set aside.

(2.) ON 20th July, 1984 the Petitioner arrived at Delhi airport by an Air india flight from Bombay. He had earlier arrived in Bombay by a Lufthansa flight from Frankfurt. In his own words, in para 9 of this petition he states that when he picked up the baggages at the Delhi airport he put them into red channel. He proceeds to state that he was intercepted by the custom officials to whom he made the declaration, but on opening a hand bag one stereo cassette recorder was recovered and it was found to contain three revolvers and some cartridges. The version of the prosecution is not very different. According to the prosecution, the Petitioner was found in the possession of three Smith and wason. 32 revolvers along with 450 cartridges concealed in the speaker of a music system which had not been declared by him before the Customs Authorities when he arrived at the Delhi Airport. Two separate cases were registered against the Petitioner. One was under Section 132/135 of the Customs Act, 1962 and the other under Section 26 of the Arms Act.

(3.) THE Petitioner is admittedly a resident of Chandigarh. He is a retired brigadier from the Indian army. He is stated to have a valid licence for running business of an arms dealer in Chandigarh. On the same day when he arrived at delhi airport, i. e. on 20th July, 1984 simultaneously a raid was taking place in his residence in Chandigarh pursuant to a telephonic message received by the police there from the Inspector of Customs. His residence at 1004 Sector No. 27-B, Chandigarh was searched and certain arms and ammunitions, forged licence etc. were recovered. On the basis of the search in Chandigarh, FIR No. 366 of 1984 was registered at Police Station East Chandigarh and the Petitioner along with his wife were sent up for trial under Sections 25/27 of the Arms Act. In that case on 31st July, 1987 the learned Judicial Magistrate, First Class, chandigarh delivered a judgment acquitting the Petitioner and his wife on the ground that the arms recovered from their residence were covered by the arms licence issued to the Petitioner and for which he had sought renewal.