BHIRGUN JEE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is holder of a valid arms license, which was issued to him in the year 2000, bearing Arms License No. 326 of 2000, valid till 2014. He purchased a double barrel gun no. X103410/2000 on so-called payment of Rs. 65,000/-. Evidence of purchase from an authorized arms license dealer has also been brought on record. As is customary, all holders of legal guns and arms were asked to deposit the same in the nearest police station keeping in view impending panchayat/assembly election which was going to be held in the year 2006. Petitioner being a law abiding citizen surrendered his gun before MH Nagar, Hasanpur Police Station situated in the district of Siwan. Petitioner was sanguine that he will get possession of the gun after the election was over and the code of conduct withdrawn. However, it seems that on 24.7.2006 in an incident, anti-social elements looted the Thana including arms and the ammunitions, not only belonging to the police but even ordinary citizens, who had surrendered their guns as directed by the respondent authorities.

(2.) Petitioner has been approaching the respondents in all these years for return of his arms. He has been stoic, despite the standard answer, that the incident is still being investigated and the gun of the petitioner has not been recovered. Thereafter, the Writ Application came to be filed, seeking either return of the gun or direction for suitable payment to the petitioner.

(3.) The Superintendent of Police, Siwan filed a counter affidavit, expressing his helplessness on the issue till date. A statement was also made that he is looking for certain clarification from the headquarters which is being awaited.