Bombay High Court
Shrivardhan Govardhansingh ... vs The State Of Maharashtra on 6 June, 2022
Bench: R.P. Mohite-Dere, Virendrasingh Gyansingh Bisht
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.06.08
CHITNIS 12:18:45 +0530
13-apeal.1604.2019...doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1604 OF 2019
Shrivardhan Govardhansingh Tapasvi ...Appellant
Versus
The State of Maharashtra ...Respondent
Ms. Vilasini B i/b Mr. Adwait Bhonde, for the Appellant.
Ms. Veera Shinde, A.P.P for the Respondent - State.
Police Constable - Navnath H. Jagtap, Pune City, is present.
CORAM : REVATI MOHITE DERE &
V. G. BISHT, JJ.
DATE : 6th JUNE 2022
P.C. :
1. Heard learned counsel for the parties.
2. Rule. Rule is made returnable forthwith with the consent of
the parties and is taken up for final disposal. Learned APP waives notice on
behalf of respondent-State.
3. By this appeal, the appellant has sought the following
substantive reliefs:-
"b) The Order dated 23/02/1994 in Sessions Case No. 51 of 1993,
so far as it pertains to the direction of the Ld. Addl. Sessions
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Judge, Pune to deposit the pistol of Lama Company in the
custody of the District Magistrate, Pune may be quashed and
set aside;
c) This Hon'ble Court may be pleased to direct the
Armoury/District Magistrate, Pune to release and deliver the
Pistol of Lama Company, bearing no.859625, kept under its
custody in connection with Sessions Case No. 51 of 1993 to
the Appellant."
4. It is the appellant's case that his father-Govardhan Singh
Tapasvi owned a licensed Pistol of Lama Company, bearing no.859625. It
is submitted that the appellant's father was murdered on 22 nd June 1992 and
that during the course of investigation a licensed pistol was seized from the
spot of the incident. Admittedly, the said licensed pistol was not used in
the commission of offence. It appears that one Shivakumar Singh @
Pappu Devibaksha Singh was tried for the murder of the appellant's father.
After trial, Shivakumar Singh @ Pappu was acquitted by the learned
Additional Sessions Judge, Pune, vide Judgment and Order dated 23 rd
February 1994. The said Judgment and Order dated 23rd February 1994 is
on page 13 of the aforesaid appeal. By the said Judgment and Order, the
learned Additional Sessions Judge, Pune, directed that the licensed pistol of
the appellant's father which was seized during the course of investigation
be deposited in the armoury under the custody of District Magistrate, Pune.
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5. It appears that the said pistol was a licensed pistol standing in
the name of the appellant's father. It appears that after the demise of the
appellant's father, the said license was transferred in the name of the
appellant by the District Magistrate, Fatehpur on 15th May 2018. The said
license which was extended in favour of the appellant is at Exhibit - 'C' on
page 28 of the aforesaid appeal.
6. Learned Counsel for the appellant states that the said license
was extended in favour of the appellant from time to time i.e. till 30th May
2021. She submits that presently, the application seeking extension of
license is pending with the District Magistrate, Fatehpur. She submits that
a direction be given to the concerned Authority to hand over the pistol of
the appellant, on the appellant producing a valid license i.e. after the
appellant gets an extension of his license.
7. Vide order dated 4th May 2022, the learned APP had sought
time to take instructions from the concerned police officer, as to whether
the pistol of Lama Company bearing no.859625, was in the custody of the
District Magistrate, Pune. Pursuant thereto, the learned APP has tendered a
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'Factual Status Report' of the Additional Commissioner of Police (Admn),
Office of the Commissioner of Police, Pune City, in a sealed envelope. The
same is opened. The said report dated 1 st June 2022 is sent by the
Additional Commissioner of Police (Admn), Office of the Commissioner of
Police, Pune City to the learned APP. In the said report, the Additional
Commissioner of Police has stated that the weapon is in safe and secure
custody of the Armoury, Shivajinagar, HQ, Pune i.e. under the
symbolic/notional custody of the District Magistrate, Pune. It is further
stated that the said weapon will be returned to the appellant as and when
this Court directs them to do so. The said report dated 1 st June 2022 is
taken on record and marked 'X' for identification.
8. Admittedly, as noted above, the weapon in question i.e. Pistol
of Lama Company bearing no.859625, was not used in the commission of
offence but was found at the spot, where the deceased was murdered. It
also appears that the said pistol originally stood in the name of the
appellant's father and was subsequently transferred in the name of the
appellant and that the licence was extended from time to time, till 30 th May
2021. We are informed that presently the appellant's application seeking
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extension of renewal of licence for the said weapon i.e. Pistol of Lama
Company, bearing no.859625, is pending before the District Magistrate,
Fatehpur.
9. Considering the aforesaid, we deem it appropriate to pass the
following order:-
ORDER
(i) We direct the Additional Commissioner of Police (Admn), Office of
the Commissioner of Police, Pune City to hand over the said weapon i.e.
Pistol of Lama Company, bearing no.859625 to the appellant, only on the
appellant furnishing the original extension license, issued by the District
Magistrate, Fatehpur, having validity on the date when the said weapon is
to be handed over.
10. Appeal is allowed in the aforesaid terms and is accordingly
disposed of. Rule is made absolute in above terms.
11. All concerned to act on the authenticated copy of this order.
V. G. BISHT, J. REVATI MOHITE DERE, J.
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