M.CHANDRASEKHARA CHOWDARY Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner under Sec. 482 of the Code of Criminal Procedure ('for short 'Cr.P.C') seeking to quash the order of confiscation of M.Os.1 to 4 passed in Criminal Appeal No.148 of 2007, dtd. 28/8/2009 by the learned II Additional Sessions Judge Kurnool at Adoni, and to return the property to the petitioner.

(2.) Petitioner is the licence holder of M.O.1- A 12 Bore SBBL Gun bearing No.A-50622, M.O.2 - A 0.22 Caliber Rifle bearing No. 533207, M.O.3 - Seven Red colour cartridges, and M.O.4 - Twenty Five metallic cartridges which were seized on 30/5/2004 while carrying in a Fiat car and a case was registered in Cr.No.68/2004 of Halaharvi Police Station for the offence under Sec. 25 (1-b) (a) of Arms Act against one Boya Ramanjaneyulu and investigated the case and filed charge sheet which was numbered as C.C.151 of 2005 on the file of Judicial Magistrate of First Class, Alur. After a full-fledged trial, the accused was convicted and sentenced for the offence under Sec. 25 (1-b) (a) of the Arms Act for a period of one year and to pay a fine of Rs.250.00 and the Material Objects 1 to 7 were ordered to be confiscated to the State, under Sec. 32 of the Arms Act. Being aggrieved by the same, the accused had preferred Criminal Appeal No.148 of 2007 on the file of the learned II Additional Sessions Judge, Kurnool at Adoni, and the said appeal was disposed of by acquitting the accused for the offence under Sec. 25 (1-b) (a) of Arms Act. The order of confiscation of M.Os.1 to 4 to the State, is confirmed. Therefore, the petitioner who is claimed to be the owner of M.Os.1 to 4 filed the present petition on the ground that he is possessing licence and sought for quashing the order of confiscation of M.Os.1 to 4 to the State, passed by the learned II Additional Sessions Judge, Kurnool at Adoni in Criminal Appeal No.148 of 2007, dt.28/8/2009 and to return the property to the petitioner.

(3.) Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor.