DHIRENDRA BRAHAMCHARI Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) THIS is an application filed under Section 497-A of the Code of Criminal Procedure, for the grant of anticipatory bail to the petitioner on the ground that he has reason to believe that he may be arrested for offences punishable under Sections 3/5, 10, 12, 25, 26 and 30 of the Indian Arms Act, and other non-bailable offences. It is stated in the petition that among his various multifarious activities and projects for national reconstruction, he engages himself in industrial concerns also. One such industrial project in which he is a partner is "Shiv Gun Factory" running the business of manufacturing of ML/BL guns. This factory is licensed under the provisions of the Indian Arms Act. The factory is authorised to manufacture 3000 guns per annum. The manufacture of guns so allowed could be made by components obtained from anywhere in the world according to the provisions of law. Component parts were accordingly imported in accordance with law from one M/S Carrero Y. Asterlarra, Spain. The import of component parts from Spain is, according to the petitioner, strictly in accordance with the rules and regulations governing it. The petitioner, because of his national and inter-national repute, has invited great "jealousy" and animosity from interested quarters. The petitioner came to know that a crime FIR No. 36 of 1983, police station Gandhi Nagar, Jammu, has been registered against him. The substance of the complaint is that barrels and guns with identification mark of a foreign country have been stored in Shed No. 6 belonging to the firm of which the petitioner is a partner in violation of the relevant provisions of the Arms Act. Three persons were arrested. Wide publicity was given to this arrest. The petitioner was shocked to receive the news of the arrest of said persons. From the Press Reports he came to know that steps were afoot for his arrest also. The petition contain various other details to make out that the apprehended arrest is mala-fide and that a special team is proceeding to Delhi to arrest him. He fears that he would be arrested to humiliate and to bring him down in the estimate of the public at large who have great respect for him. Hence this application for grant of anticipatory bail. Along with the application, the petitioner has produced a few Annexures to show that the manufacture of the guns was being done strictly in accordance with law. He has also produced extracts from leading Newspapers to justify his case that his arrest was imminent.

(2.) THE State has filed objections to the application through the learned Advocate General. The following facts was disclosed in the objections :

(3.) AN Advocate of this Court Shri Bhim Singh, has also filed an application to permit him to intervene. The application contains materials not relevant for the petition although it is stated in the petition that the petitioner cannot import the seized guns made in Spain on the strength of the licence in favour of Shiva Gun Factory.