STATE OF GUJARAT Vs. YUSUF AHMAD PATEL

JUDGEMENT

(1.) THIS Revision Application by the prosecution, is directed against order dated 13th May, 2005, of learned Second Joint District Judge and Incharge Additional Sessions Judge, Probandar, whereby the learned Judge was pleased to discharge the respondent herein from the offences punishable under Sections 25(1AA) and Section 27 of the Arms Act, 1959.

(2.) WHILE learned Sessions Judge ordered a discharge of the accused from the aforesaid offences, he maintained the charged in respect of offences punishable under Section 25(1B)(a) and Section 29 of the said Act. As the case was committed to the Sessions Court, the same thereafter was remitted back to the Court of learned Judicial Magistrate. This Court issued Rule in the present Revision on 18th June, 2007.

(3.) ONE Altaf alias Atul Ismail was interrogated by the police on 20th December, 2004 in connection with First Information Report being Crime Register No.I -43 of 1994 registered with Kamalbag Police Station. During the interrogation, said Altaf stated to have admitted that the respondent herein was in possession of certain weapons. On the basis of this confession, a search of the house of the respondent was carried out. In the search operations, one pistol of 9 mm in nonoperating condition, another pistol in operating condition and 63 cartridges were recovered. The respondent was not possessing licence for the said weapons. On the basis of above, a First Information by the Police Inspector was registered being Crime Register No.II -87 of 2004 with Kirtimandir Police Station, Porbandar against the respondent.