Jharkhand High Court
Rajesh Kumar Tiwari vs The State Of Jharkhand on 16 January, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No.1062 of 2024
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Rajesh Kumar Tiwari, aged about 30 yrs. S/o Chandreswar Kumar
Mehta, R/o, P.O. + P.S. Jagarnathpur, Dist. Ranchi (Jharkhand).
... Petitioner
Versus
The State of Jharkhand ... Respondent
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For the Petitioner : Mr. Yash Raj Gupta, Advocate
Mr. Shahedeo, Advocate
For the State : Mr. Jai Prakash, AAG-IA
Mr. Yogesh Modi, AC to AAG-IA
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PRESENT
HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court:- Heard the parties.
2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has
been filed with a prayer for quashing the order dated 01.08.2024 passed by the
learned Additional Judicial Commissioner-II, Ranchi in connection with Misc.
Criminal Application No.3794 of 2023 arising out of Airport P.S. Case No.02 of
2023 corresponding to S.T. Case No.614 of 2023 registered for the offence
punishable under Sections 307 of the Indian Penal Code and Sections 27/30 of
the Arms Act and also a prayer has been made for releasing the N P Bore Pistol
in favour of the petitioner, which was seized by the police on 08.01.2023 in
connection with the said case.
3. The brief fact of the case is that on the allegation that the petitioner
attempted to murder Harilal Yadav by firing at his right leg, Airport P.S. Case
No.02 of 2023 was registered, police investigated the case and after completion
of the investigation, police submitted charge-sheet. In connection with the said
case, police inter alia seized the N P Bore pistol loaded with magazine of silver
colour. Hence, the petitioner filed a petition before the learned Additional
Judicial Commissioner-II, Ranchi for release of the said pistol but the
verification report of the license of the petitioner could not be received as the
concerned records of the Office of District Arms Magistrate, Jammu & Kashmir
has been seized by the SCB, Chandigarh. Hence, the verification of the license
of the petitioner could not be done. Therefore, the learned Additional Judicial
Commissioner-II, Ranchi rejected the prayer for release of the said pistol.
4. Learned counsel for the petitioner relies upon the judgment of the
Hon'ble Supreme Court of India in the case of Sunderbhai Ambalal Desai vs.
State of Gujarat reported in AIR 2003 SC 638 and submits that therein the
Hon'ble Supreme Court of India has observed that the power under Section 451
of the Code of Criminal Procedure should be exercised by the courts
expeditiously and judiciously inter alia:-
(i) Owner of the article would not suffer because of its remaining
unused or by its misappropriation.
(ii) Court or the police would not be required to keep the article in safe
custody;
(iii) If a proper panchnama before handing over the possession of
article is prepared, that can be used in evidence instead of its
production before the Court during the trial. If necessary, evidence
could also be recorded describing the nature of the properly in
detail; and
(iv) This jurisdiction of the Court to record evidence should be
exercised promptly so there may not be further chance of
tampering with the articles.
5. Learned counsel for the petitioner next submits that the petitioner is ex-
army personnel having retired from Naik ACP-I on 31.03.2021 and he
undertakes not to misuse the said N P Bore Pistol and he is having a valid
arm's license to possess the said pistol. It is next submitted that if the N P Bore
pistol is kept unused for a long time, it will lose its value causing grave loss to
the petitioner and there is every chance of damage and mishandling of licensed
pistol of the petitioner. It is next submitted that the incident took place at the
heat of the moment and there is no reference in the charge-sheet that the victim
has ever sustained any fire arm injury.
6. Learned counsel for the petitioner next submits that the informant used
to be a tenant of the petitioner and he is no more residing in the house of the
petitioner, hence, there is no scope of quarrel between the petitioner and the
informant any more. Hence, it is submitted that the prayer as prayed for in this
Writ Petition (Cr.) be allowed.
7. Learned counsel appearing for the State on the other hand opposes the
prayer of the petitioner and submits that since the arm's license of the
petitioner has not yet been verified, it would not be safe to release the pistol to
the petitioner. Hence, it is submitted that this Writ Petition (Cr.), being without
any merit, be dismissed.
8. Having heard the submissions made at the Bar and after carefully going
through the materials available in the record, it is pertinent to mention here
that as has been held in the case of Sunderbhai Ambala Desai vs. State of
Gujarat (supra), it is not desirable that seized articles in connection with any
criminal case unnecessarily be kept in police station. It is also undisputed fact
that if a Pistol is kept unused for a considerable period of time without any
maintenance, the same is likely to be damaged and lose its value. There is no
dispute that the petitioner is having a valid arm's license, the copy of which has
been filed in this Writ Petition as well. The only hindrance before the learned
Additional Judicial Commissioner-II, Ranchi was that the same could not be
verified but absence of verification does not mean non-existence of the arm's
license of the petitioner. The undisputed fact remains that the petitioner is ex-
army personnel.
9. Under such circumstances, this Court has no hesitation in holding that
the learned Additional Judicial Commissioner-II, Ranchi has committed a
grave illegality by rejecting the prayer for release of the pistol in custody.
10. Accordingly, the order dated 01.08.2024 passed by the learned
Additional Judicial Commissioner-II, Ranchi in connection with Misc. Criminal
Appeal No.3794 of 2023 arising out of Airport P.S. Case No.02 of 2023
corresponding to S.T. Case No.614 of 2023, is quashed and set aside.
11. Learned Additional Judicial Commissioner-II, Ranchi is directed to
release the N P Bore pistol with three live cartridges to the petitioner on his
submitting an undertaking with indemnity bond of two solvents sureties of
Rs.50,000/- each to the effect that the petitioner will produce the said pistol as
and when directed by the learned trial court or the police and that he will not
use the same pistol except for his self-defence and any other condition that may
be imposed by the learned trial court.
12. Accordingly, this Writ Petition (Cr.) is disposed of.
(Anil Kumar Choudhary, J.)
High Court of Jharkhand, Ranchi
Dated the 16th of January, 2025
AFR/ Saroj
