SHIVENDRA NARAYAN BHANJADEO Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. Sahoo learned Counsel for the petitioner, and Mr. Behera, learned Addl. Government Advocate.

(2.) THIS revision is directed against the order dated 15.07.2006 of the learned S.D.J.M., Bhubaneswar passed in G.R. No. 2538 of 2004 rejecting the petition of the petitioner under Section 457, Cr.P.C. and refusing to release his pistol bearing No. 105637.

(3.) MR . Behera, learned Addl. Government Advocate, on the other hand, submits that the petitioner is an accused in the aforesaid G.R. case registered under Section 307, IPC read with Section 25 of Arms Act. Since the pistol in question has been seized in connection with the said case, it is necessary for the purpose of identification and marking as M.O. at the time of trial. In case the same is released, there is chance of tampering with it and in such event there will be difficulty in its identification for which the trial may be vitiated. Therefore, the pistol may not be released.