Rakesh Kumar vs State Of Punjab
2022 Latest Caselaw 1773 P&H

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CRR-2853-2017


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                              CRR-2853-2017 (O & M)
                                              Date of decision: 17.03.2022

Rakesh Kumar

                                                             ...Petitioner
                                    Versus

State of Punjab

                                                        .....Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:-   Mr. Mohd. Yousaf, Advocate,
            for the petitioner.

            Mr. Harbir Sandhu, AAG, Punjab.

HARNARESH SINGH GILL, J. (ORAL)

Challenge in the present petition is to the order dated

11.04.2017 passed by the learned Addl. Sessions Judge, Jalandhar, vide

which an application moved by the petitioner for releasing his .32 revolver

bearing No.FG 60242001 has been dismissed on the ground that the

petitioner had neither placed on record copy of the receipt regarding

purchase of the same nor that of the licence.

Learned counsel for the petitioner submits that the aforesaid

revolver of the petitioner was recovered in case bearing FIR No.56 dated

09.05.2010, registered under Sections 302, 148, 149 IPC and Section 25 of

the Arms Act, 1959, at Police Station Division No.2, Jalandhar, from the

possession of Harbhajan Singh, who stood acquitted by the trial Court, vide

judgment dated 23.07.2013. Learned counsel further submits that the

petitioner is the owner of the weapon and is having a licence of the same,

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CRR-2853-2017

renewed from time to time, but the trial Court without taking into

considerations all these facts, has wrongly dismissed the application for the

release of the weapon.

Learned State counsel submits that as per the status report

dated 16.01.2020, filed by way of affidavit of the Additional District

Magistrate, Jalandhar, the petitioner is having the licence of the revolver,

which was renewed uptil 18.03.2019 only. However, he submits that

Tejinder Singh, one of the accused, has been declared a proclaimed

offender and the weapon is required for the trial of the said accused as well.

I have heard the learned counsel for the parties.

Indisputably, accused Harbhajan Singh from whom the

weapon had been recovered, stands acquitted in the case arising out of the

aforesaid FIR, vide judgment dated 23.07.2013 passed by the trial Court

and thereagainst, no appeal has been preferred by the State. The petitioner

is stated to be the owner of the weapon.

In such circumstances, this Court finds merit in the present

petition. Accordingly, the impugned order date 11.04.2017 is set aside.

The aforesaid weapon is ordered to be released to the petitioner against a

proper receipt and identification, subject to the satisfaction of the trial

Court/Duty Magistrate, Jalandhar, in addition to his furnishing a copy of

the valid licence thereof.

17.03.2022                                     (HARNARESH SINGH GILL)
parveen kumar                                          JUDGE

                Whether reasoned/speaking?       Yes/No
                Whether reportable?              Yes/No




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