GAJENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the revisionist, learned A.G.A. for the State and perused the impugned order.

(2.) I find sufficient force iri the sub­missions advanced by learned Counsel for the revisionist. The impugned firearm has not been alleged having used in any crime. A firearm cannot be detained at the police station merely at the whims of the police officer. Merely forwarding the report to the District Magistrate for cancellation of the licence by the police is not a sufficient ground to keep the weapon in police cus­tody. As a licensee of the firearm, the revi­sionist has every legal right to possess the same unless and until the licence is can­celled by the issuing authority. Thus, the impugned order cannot be sustained and is liable to be quashed. Revision is allowed.