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2021 Supreme(Ker) 112

P.V.ASHA
George Joseph S/o Joseph V. T. – Appellant
Versus
State of Kerala Rep. by the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Saji Kuriachan, Sri. M.R. Nandakumar.
For the Respondent: Smt. Vinitha B.

JUDGMENT :

P.V. ASHA, J.

1. The complaint of the petitioners, who are having Arms Licence, is that the 5th respondent Station House Officer directed them to deposit their licenced arms with the Police Station in connection with the election to be conducted to the legislative assembly. In respect of the deposit of the same made thereupon, Exts.P2 to P4 receipts were issued to them by the Station House Officer. The petitioners point out that the direction to deposit is contrary to the directions of this Court in Ext.P5 judgment and a series of other judgments where this Court has directed strict adherence to Ext.P1 circular and such directions can be issued only on the basis of any finding by the screening committee to be constituted in accordance with Ext.P1 circular.

2. The learned Government Pleader on instructions submits that respondents 3 to 5 have not issued any direction to the petitioner to deposit their weapons and that the petitioners would have deposited it on their own under the mistaken impression that they have to deposit the same immediately before the election. If that be so, the petitioners would be free to get the licensed arms back from the 5th respondent, who has is

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