BASANT RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This, revision petition by Basant Raj has been filed against the order of learned Munsif and Judicial Magistrate, Ist Class, Sumerpur dated 11-2-1992 in Criminal Original Case No. 208/91, State v. Basant Raj. whereby learned Magistrate has framed charges for offences under Sections 20 / 27 of the Arms fiat and Rule 62 of the Arms Rules read with Section 30 of the Firms Act,

(2.) Briefly, stated the prosecution case is that on 2-5-1991 at 2.15 a.m. petitioner Basant Raj was found in a drunken condition by the Head-constable Bhabhoot Singh Acting SHO, Sanderao at a place known as Kanpura Choraha. The petitioner was arrested for offence under Section 510, I.P.C. by Bhabhoot Singh. Petitioner was searched by Bhabhoot Singh and upon search of the right pocket of the pant was found a 32 Bore revolver made in England of make Webley scot limited No. 85844 with 6 cartridges. The petitioner was found to carry this revolver without there being a licence on the person of the petitioner. Bhabhoot Singh seized the revolver and the cartridge. The relevant memos were prepared. Petitioner was challenged to face trial for offences under Section 27 of the Arms Act.

(3.) It appears that petitioner was produced before the learned Magistrate on 3-5-1991 when a bail application was moved by him before the learned Magistrate. On 3-5-1991 petitioner produced a licence bearing No. SPL/2184 LTV issued by Additional District Magistrate, Dharwar in the name of the petitioner. The licence was valid for the period 31-12-1993 for all India excepting Jammu and Kashmir, Assam, Gujarat, Punjab and Haryana. The petitioner also produced a phot-stat copy of the licence also. The petitioner was granted bail by the learned Magistrate.