MOHD NAZIM; ASHIQUR REHMAN; INDRA LAL; MARKANDEY MISRA; VIDYAWATL SAHU; OM PRAKASH TEWARI; MOHD NAZIM Vs. STATE

JUDGEMENT

(1.) S. K. Phaujdar, J. All these cases have been taken up together as certain common questions of law regarding inter pretation of the provisions of the Arms Act, 1959, had cropped up in all these matters. While taking up the matters, the common points will be dealt in common while the individual cases of the ap plicants, beyond the common points, shall be taken up separately. The cases could be grouped in three broad groups. In almost all the applications the FIRs in the respec tive case have been sought to be quashed. In some of them protection against arrest during investigation has been prayed for while in one case there is simply a prayer for transfer of the investigation of C. B. I, (in Crl. Misc. Application No. 4694 of 1997 ). Some of the applicants are dealers in arms, who are sought to be prosecuted for purchase of weapons allegedly smug gled into India. Some others are both pur chasers and sellers while a third group consists of mere bona fide purchasers as per their claims.

(2.) THE basic facts behind these cases, bereft of the details, are as follows: "on some report about illegal smuggling of arms into India, the District Magistrates of different districts issued directions to the licensed arms dealers to declare their transac tions of purchase and sale during a certain period. Upon such disclosures the matters were enquired into and alleged fake deals under fake licences were discovered wherein fire-arms of foreign origin were purchased and /or sold. A consolidated FIR was lodged covering all such actions. THE FIR was challenged before the High Court and it was held to be illegal and the authorities were directed to institute separate and definite cases against the different alleged wrong- doers. This gave rise to the present FIRs which are under challenge in the aforesaid ap plications. "

(3.) IN the third case, being Crl. Misc. Application No. 4988 of 1997, the applica tion is by one INdra Lal. INitially he prayed for a protection against arrest in case Crime No. 177 of 1997 under Section25 of the Arms Act, as also in case Crime No. 178 of 1997 for offences under Sections 420, 467,468 and 471, IPC relating to PS Meja, District Allahabad. Subsequently, the prayer was amended to include a prayer for quashing these FIRs. The allegations against him as per the FIRs covering the above two cases are that he was in posses sion of a fire-arm on the basis of a licence issued from Nagaland which was a forged one. It was his defence that he was given a valid licence by the Additional Dy. Com missioner, Deemapur, Nagaland for a gun and on the basis of that licence he was holding a DBBL gun of 12 bore which he had purchased from INdia Arms Store, a registered fire arm dealer at Allahabad. It was further stated that the licence had not been cancelled as yet and he may not be arrested by police. It was contended by the learned AGA that under the Arms Act and Rules the Addl. Dy. Commissioner of Nagaland could not have issued a licence to a person, for holding a gun at Allahabad and, atleast on this point the possession of the gun must be held to be illegal.