KAILASH LAXMINARAYAN GAUD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Misc. Application No. 1 of 2021 filed for fixing early date of hearing of main matter i.e. Special Criminal Application No. 3565 of 2015 is allowed. The main matter i.e. Special Criminal Application No. 3565 of 2015 is taken up for hearing today itself.

(2.) The petitioner is before this Court challenging the order dtd. 26/30/10.2009 of the District Magistrate, Bharuch, and further the order passed by Deputy Secretary in Arms Appeal No. 514 of 2009. The petitioner states that he is in business of transport and he has about 49 to 50 tankers travelling from various States and has to carry cash with him. On 2/7/1999 he applied for fire arm licence at the office of Police Commissioner, Vadodara, and thereafter pursuant to his application, fire arm licence was issued to him. The petitioner therefore held licence for 32 bore revolver. On his application the licence of the petitioner was transferred to Bharuch and subsequently his licence was renewed from time to time, and till 23/7/2008, he held the licence. During that period no criminal case was registered against him.

(3.) Mr. M.M. Saiyed, learned advocate for the petitioner, referring to the order of the Judicial Magistrate (Municipal Court), Vadodara, dtd. 7/2/2009 submitted that the chargesheet against the petitioner was under Sec. 504 and 114 of Indian Penal Code and under Sec. 30 of the Arms Act, but because of the settlement between the brothers, a compromise purshis was moved at Exh.4 and a Kabulat purshis at Exh.5 was given. Learned advocate for the petitioner submitted that since the offence punishable under Sec. 504 of IPC was compoundable, therefore the Hon'ble Court accepted the compromise in view of the provisions of Sec. 320 of the Code of Criminal Procedure and thereafter the trial was for Sec. 30 of the Arms Act, and in view of the compromise between the parties, learned advocate for the petitioner submitted that as the petitioner did not want to prolong the matter, under ignorance he admitted the offence under Sec. 30 of the Arms Act, therefore, the learned Judge at Exh.6 and 7 had recorded the plea as voluntary admission, and therefore, the petitioner was convicted under Sec. 30 of the Arms Act by way of fine of Rs.2,000.00, and on failure of payment of fine, he has to suffer simple imprisonment of 10 days.