ARJUN BALRAJ MEHTA Vs. U.T. OF LADAKH

JUDGEMENT

(1.) Petitioner through the medium of this petition under Sec. 482 CrPC seeks quashment of FIR No. 15/2016 dtd. 13/4/2016 registered at Police Station Leh against him for commission of offences punishable under Sec. 08/51 of Wildlife Protection Act, and Ss. 07/27 of Arms Act and consequential proceedings arising therefrom.

(2.) Petitioner has asserted that he is a national level shooter and has won many awards and accolades in National Level Shooting Competitions and that in the month of April 2016, he had gone to Ladakh for vacation and had taken along his licensed gun for repairing purpose through one of his friend who is an Army Officer and also a National Level Shooter and expert in repairing the same, under due authorization as he had an All India Arms License vide No. SWDN/12/2011/2.

(3.) It is stated that on 13/4/2016, he went for a ride in the official vehicle of his friend who was in Army along with his driver and was having in his legal possession his licensed weapon and while at Pathar Sahib Gurudwara road, he asked the driver to stop the vehicle and went out of the vehicle and in the said vehicle there were his cartridges as well as that of his friend and while he was walking there, around 8-9 persons in civil dress, while shouting reached the stop and started putting false allegations upon him that he had come there for shooting animals. He tried to make all of them understand that he was not doing anything wrong but they started abusing and beating him, causing several internal and external injuries. As a result, he got frightened and tried to run away in order to protect his life and liberty. However, the said unknown persons wrongfully restrained him and illegally detained him and when he threatened them to lodge a police complaint, they hatched a conspiracy against him and he and the army driver were forcibly boarded in the Scorpio vehicle and taken to a local Police Station. It was alleged that the Police under the influence of unknown local residents did not register a case against those persons and instead a complaint was entertained against him by the SHO Police Station concerned and an FIR was lodged against him for commission of offences punishable under Sec. 8/51 of Wildlife Protection Act and the petitioner was wrongfully and deliberately arrested.