K.J.VAIDYA
STATE OF GUJARAT – Appellant
Versus
BRAHMIN BABULAL HARIBHAI – Respondent
( 1 ) WHAT indeed is the duty of the learned Magistrate trying the accused for the alleged offences punishable under the Arms Act, 1959, when found in conscious and intelligent possession of fire -arms, more particularly in the backdrop of the breath-taking scenario of ghastly terrorism and bloody communal riots rocking the country taking innocent lives of the hundreds and thousands of citizens every year when befaced with the embarrassing pernicious situation where prosecution case entirely depends upon the evidence of the police officers and the panchas do not support the prosecution ? And further, incidentally enough for that purpose once again more particularly at the initial stage of the investigation, what indeed is the duty of the learned Magistrate when the police requests him praying for remanding the accused to its custody with a view to complete the chain of investigation to find out (i) the very source from where indeed he obtained firearms ? (ii) For what consideration ? (iii) to whom he was to sale or transfer or in any other manner hand over ? (iv) who were the other intermediatory links in between him and the manufacturers of the fire arms ? which is
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