BHOOP RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision under Section 397 Cr.P.C. is filed against the order of the Additional Sessions Judge, Raisingh Nagar dated 30.6.2003 confirming the order of the Judicial Magistrate First Class, Raisingh Nagar dated 19.2.2001 whereby he directed the petitioner to deposit the Twelve Bore Gun and Cartridges and cancelled the licence.

(2.) Briefly stated the facts of the case are that on 22.11.1995 on receiving information from informer the police reached to the house of Veer Singh. He was seen sitting outside the house with Twelve Bore Gun in his hand. He was not having licence with him. He was arrested and case was registered for offence under section 3/25 of the Arms Act. After usual investigation, police filed a charge-sheet against him for offence under section 3/25 of the Arms Act. The trial Court convicted him for offence under Section 30 of the Arms Act but instead of sentencing extended the benefit of probation. He, however, cancelled the licence under Section 17(3) of the Arms Act. He also passed an order with respect to forfeiture of the Twelve Bore Gun recovered from Veer Singh.

(3.) It is submitted by the learned counsel that both the Courts below have not considered the case of the petitioner in right perspective. The charge-sheet was filed against petitioner-Bhoop Ram and Veer Singh. Bhoop Ram had the licence of the gun. He had gone to attend the 'Mela'. Since carrying of arms was not permissible, he left the gun at the house of Veer Singh. In these circumstances it was prayed that there was no justified reasons for forfeiting the gun and cancelling the licence.