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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Dinesh Kumar S/o Janardan Choudhary – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. court's observations on the revisions and orders. (Para 1 , 12) |
| 2. factual basis for the application for weapon release. (Para 2 , 3) |
| 3. arguments for releasing the licensed weapon. (Para 4 , 5 , 6 , 7 , 8 , 10) |
| 4. principles governing the exercise of powers under section 451. (Para 9) |
| 5. conclusion on quashing previous orders and conditions for release. (Para 13 , 14) |
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
1. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The present petition has been filed for quashing of the order dated 08.04.2021 passed by learned Sessions Judge, Patna in connection with Criminal Revision No. 28 of 2021, whereby and whereunder learned Sessions Judge has been pleased to reject the petitioner’s revision application for release of arms and also to quash the order dated 07.11.2020 passed by learned Chief Judicial Magistrate, Patna in Kotwali (Patna) P.S. Case No. 148 of 2018, G.R. No. 1623/2018, whereby learned Magistrate has been pleased to reject the petitioner’s application for release of fire-arm and ammunition.
3. Learned counsel for the petitioner submits that an F.I.R. being Kotwali P.S. Case No. 148 of
A licensed firearm should be released if the owner has clean antecedents, despite allegations against associated individuals, emphasizing the importance of judicial discretion under Section 451 Cr.P.....
Section 451 CrPC reads as order for custody and disposal of property pending trial in certain cases.
The competent authority has the power to revoke an arms license if it deems necessary for the security of public peace or public safety, and the scope of judicial review in such matters is limited.
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
The main legal point established in the judgment is that the revocation of an arms license must be based on specific reasons as outlined in the Arms Act, and the mere registration of FIRs is irreleva....
Mere registration of an FIR is not a valid ground for rejection of an arms licence application.
The possession of an arms license is a statutory privilege, not a fundamental right, with revocation permissible under the Arms Act if deemed necessary for public safety.
Conviction for illegal possession of firearms upheld, resulting in a three-year sentence; bail granted pending appeal based on the consideration of petitioner's custody history.
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