Court Cites Need for License Renewal and Absence of Criminal Antecedents in Its Decision
In a significant ruling, the Rajasthan High Court has directed the release of a 12-bore rifle belonging to Jaipal Singh, a retired ex-serviceman, from police custody. The decision came following a criminal revision petition filed by Singh, challenging the order of the Additional Sessions Judge, Jaisalmer, which had denied the release of the firearm.
The firearm, which is under a valid arms license, was seized in connection with an FIR lodged against Singh. However, the court noted that the investigation was complete and a charge-sheet had been filed, making the continued retention of the firearm unnecessary.
Justice Sanjeet Purohit, who presided over the case, emphasized that the mere lodging of an FIR could not justify indefinite retention of the firearm, especially when Singh had no prior criminal record. The court acknowledged that the firearm was an essential tool for Singh, who is currently employed as a security guard, and highlighted the undue hardship he would face if denied the opportunity to renew his arms license.
Citing the Supreme Court judgment in Sunderbhai Ambalal Desai v. State of Gujarat, the court underscored the importance of exercising powers under the Bharatiya Nagarik Suraksha Sanhita, 2023, to release seized properties expeditiously to prevent deterioration and misuse.
The court ordered the release of the rifle with specific conditions, including the requirement for Singh to furnish a solvent surety, maintain the firearm's identity, and produce it when required by the court. Detailed documentation and photographs of the firearm were mandated to safeguard evidentiary purposes.
This decision underscores the balance between upholding legal processes and respecting the rights of individuals, particularly those who have served the nation.
Bottom line:-
Muddamal (12-bore rifle) - Release of firearm to the revisionist (a retired ex-serviceman) justified in light of valid arms license, absence of criminal antecedents, and the need to renew the license and maintain the firearm's condition.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497, Arms Act, 1959 Section 5/27
Jaipal Singh v. State of Rajasthan, Through PP, (Rajasthan) : Law Finder Doc id # 2930268
