BANSHI LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The two appellants herein have approached this Court being aggrieved of the order dated 03.06.2014 passed by the learned Additional Sessions Judge No. 3, Bikaner rejecting separate applications submitted on behalf of the appellants under Section 452 of the Cr.P.C. and against the direction for confiscation of the licenced firearms owned by the appellants given by the learned trial Judge vide judgment dated 14.03.2014 passed in Sessions Case No. 133/2012.

(2.) Learned counsel for the appellants submits that the appellants were not arrayed as accused in the sessions case tried and decided by the trial court. The learned trial court directed confiscation of the appellants' licenced weapons without providing any opportunity of hearing to them. Therefore, the order under challenge is totally illegal and deserves to be set aside and the seized weapons be handed back to the appellants who are lawful owners thereof.

(3.) On the other hand, the learned Public Prosecutor submits that the matter be remanded back for fresh consideration of the appellants' claim.