RAM SINGH Vs. STATE OF RAJ.

JUDGEMENT

(1.) This is an application under Sec. 482 Cr. P.C. in FIR No. 346/88 against the order of the learned ACJM, Karauli dated 1-11-88 rejecting the application under Sec. 452 Crimial P.C. for interim custody of gun (Pachfera) bearing No. C-1229. On filing the aforesaid petition, I sent for the record to look into the charge-sheet and documents submitted under Sec. 173 Crimial P.C. It is borne out from the charge-sheet that accused informed the police that the gun belongs to Ram Singh on which Ram Singh's bail was taken and licence was obtained. He too was arrayed as accused under Sec. 3/25 of the Arms Act. Along with the charge-sheet there is the list of witnesses and the document submitted alongwith the charge-sheet. Neither any witness regarding the recovery memo of the licence has been named nor it is shown on record as to when, where and at what time it was produced before the Police, Except the bond for appearance in the Court which is dated 16-9-88. The case of the petitioner is that he is the real nephew of Ram Singh being sister's son and both of them were going together with a licence which unfortunately belongs to the another gun which was belonging to Ram Singh. When he realised the mistake, he had gone to bring the correct licence and meanwhile the police apprehended him and recovered this licenced gun.

(2.) It is submitted that in the facts of this case there are absolutely no chances of confiscation of the gun since it has neither been mis-used nor any circumstance has been brought that it was likely to be used in any of the offence.

(3.) I have considered all the circumstances and I am of the opinion that this is a fit case where the gun should be delivered to the petitioner who is a licence holder during the pendency of the case, however, with the stipulation that if shall be produced in the Court along with the licence as and when directed to do so. Hence, it is directed that the gun bearing No. C-1229 shall be delivered to the petitioner on his furnishing a surety in the sum of Rs. 10,000.00 (Rs. ten thousand) to the satisfaction of the trial Court for producing it in the Court as and when demanded. It is made clear that the petitioner shall give an undertaking in the bond that he shall not sale, hypothecate or alienate the gun in any manner during the pendency of the case. The licence shall also be returned after retaining a photostat copy of the same in the Court and it will be the duty of the petitioner to get the licence renewed within one month. Petition decided accordingly.