ANSIUDDIN KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, by way of this application, seeks direction to the opposite parties to release the SBBL 12 BORE Catridge Gun No. 35002 of Company W.J. Jeffery and Co. Ltd., which was seized in connection with 2(b)CC Case No. 39 of 2006 on the file of learned J.M.F.C, Daspalla, or in alternative pay compensation to him, as the same has been lost in the Court Malkhana.

(2.) As per the prosecution allegation, on 20.05.2006 at 10.30 AM., while the petitioner was proceeding in a Maruti Van, the Forester, namely, Laxman Baral, along with other forest and police staff, stopped the said vehicle. On search, they found a gun, i.e., SBBL 12 BORE Catridge Gun No. 35002 of Company W.J. Jeffery and Co. Ltd. inside the Maruti Van along with some dead birds. The Forester seized the said gun, arrested the petitioner and forwarded him to the Court.

(3.) The case of the petitioner, in brief, is that he is the licence holder of the seized gun and authorized to keep the same for the purpose of safety of his life and protection of his crops, and was permitted a limited area to move with the said gun. The petitioner, along with his brother, was taken by Daspalla Police and then the OIC, Daspalla P.S. called the forest personnel, forwarded the petitioner and his brother, and produced the seized gun in the Court of J.M.F.C., Daspalla, which was kept in the safe custody of Malkhana of the said Court on 20.05.2006. The gun of the petitioner is partly made of iron and partly made of wood, for which frequent service is required for its maintenance or else the gun will be damaged by rust and white ant. Since the seized gun is available in the Court's Malkhana of J.M.F.C., Daspalla, the said Court has jurisdiction to pass an order for its release in the zima of its owner (petitioner) as per the provision of law. Therefore, relying upon the judgment of the apex Court in State of M.P. & Others v. Madhukar Rao,2008 39 OCR 629, an application was filed under Section 451 Cr.P.C. by the petitioner on 01.06.2006 before the learned J.M.F.C., Daspalla, in 2(b)CC Case No. 39 of 2006 for release of the seized gun, and the learned J.M.F.C., Daspalla passed order on 15.05.2018, the effective part of which runs as follows:-