(1.) HEAD Constable Nasir Ahmad, petitioner-accused seeks quashing of FIR No. 245 dated 24.4.2000 registered under Section 25 of the Arms Act, 1950 (hereinafter referred to as 'the Act') with Police Station, Central Faridabad.
(2.) PRESENT case came to be registered on the statement of Head Constable Jalalu Din, who was at the relevant period posted as driver in Police Post, Sector 16, Faridabad. According to his version in the month of December 1999 an alteration had taken place between Constable Balwan Singh and Head Constable Nasir Ahmad over a petty matter. Consequently, Head Constable Nasir Ahmad opened the box lying in the Police Post and started loading the pistol. Seeing this Jalalu Din and Constable Ashok Kumar snatched the pistol from him otherwise he would have fired at Balwan Singh as at that time he was under the influence of liquor. The pistol contained one cartridge and the pistol and cartridge were handed over to Moharrir Constable Madan Gopal. Thereafter Head Constable Nasir Ahmad sought the return of pistol and cartridge from Madan Gopal but he did not pay any heed to his request. On 24.4.2000, Madan Gopal produced the pistol and cartridge before S.I. Dharam Pal who got the case registered against the petitioner-accused as he could not account for the unauthorised country made pistol and cartridge in his possession. Hence, the present petition. I heard counsel for the parties at length.
(3.) IN pursuance to the notice given to the respondents reply had been filed by Badan Singh, Inspector/S.H.O., Police Station Central, Faridabad on behalf of respondent Nos. 1 and 2. While controverting the stand taken on behalf of the petitioner, it had been maintained that the petitioner had unlawfully possessed the pistol and for that reason the present case had rightly been registered against him under Section 25 of the Act. The allegation of ill- will made against S.I. Dharam Pal had been denied.