BHEENV RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Misc. Petition under Section 482/379 Cr. P.C. has been filed against the order of the learned Munsif and Judicial Magistrate. Nawa, passed on 8 -4 -1981 in Criminal Case No. 54/1981, State of Rajasthan v. Bheenv Raj.

(2.) THE facts of the case briefly stated are that F.C. Zaffaru Khan, F.C. Chhotmal and F.C. Shahabuddin left Police Station Nawa on 27 -2 -1981 vide rapet No. 808. While doing 'gasth', they reached Loonva and there they had a night halt. On 28 -2 -81 at about 6.00 a.m. they were informed by a Mukhbir that Hernia and Mania, are in possession of an unlicenced gun. They, therefore, went towards the house of Hemla and Mania and met them in the house. Hernia was carrying a gun in his hand. The police party asked them whether they have got any licence, whereupon both the accused replied that they have no licence of this gun. It is alleged that the police party then asked them to accompany them to the police station along with the gun. They, then took them to bus stand Chosia for bearing a bus to police station Nawa. However, F.C. Zaffaru Khan told his companions Chhotmal and Shahabuddin to take the accused persons along with the gun to the police station as he is going to Kunji for some official duty.

(3.) I have gone through the record of the case. Section 19 of the Indian Arms Act provides that any Police Officer or any other officer specially empowered in this behalf by the Central Government, may demand the production of licence from any person who is carrying any arms or ammunition. Sub -section (2) of Section 19 provides that if the person upon whom a command is made refuses or fails to produce the licence or to show that he is, entitled by virtue of this Act or any other law for the time being in force to carry such arms or ammunition without a licence, the officer concerned may require him to give his name and address and if such officer considers it necessary, seize from that person the Arms or ammunition which he is carrying. Sub -section (3) of Section 19 of the Arms Act provides that if that person refuses to give his name and address or if the officer concerned suspects that person of giving a false name or address or of tending to abscond, such officer may arrest him without warrant.