DHULE TEXTILE MILLS DHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present petitioner is the unit of a National Textile Corporation, a Government of India undertaking. THE petitioner-Company owned and possessed Pistol No. 10559 CYCZ of 25 Bore which is transferred from their sister unit i. e. Madhusudan Mills, Mumbai on25-6-2006. THEre is a transfer order of the Commissioner of Police Arms and Ammunition Department, Mumbai in the name of the petitioner as per the provisions of Arms Act and Rules. THE petitioner company is having authorised licence issued under the Arms Act by the competent authority. THE licence has been renewed from time to time by the Additional District Magistrate. THE licence is in the name of Dhule Textile Mill and now the licence is renewed again. THE name of Respondent No. 2 Gurudevsing is shown as retainer in the licence. THE Additional District Magistrate, Dhule on having approval of the District Magistrate, granted permission to possess the extra weapon i. e. pistol. THE endorsement is made accordingly on the licence. THE petitioner therefore, is authorised to hold and possess the old pistol in question.

(2.) Respondent No. 1 on20-7-2004 lodged the complaint, against RESPONDENT No. 2, who is an employee of the Petitioner-company, in Chalisgaon Police Station in Crime No. 3035/2004 for the offence punishable U/s. 286 of I. P. C. and U/s. 30 of the Indian Arms Act. That as per the complaint on19-7-2004 RESPONDENT No. 2 was trying to test the Pistol by firing it in the air because it was night time and as a precaution and a security measure and further to test whether the Pistol was working properly. The Police Officer who were on patrolling duty, after hearing the sound, seized the Pistol and lodged the complaint in question.

(3.) The purpose of said Pistol is for the security, as the petitioner is the Government undertaking needs Pistol daily, for accompanying with the securityman, for carrying cash to or from the Bank. THEre are no other averments against the accused except use of Pistol recklessly.