JUDGMENT :

B.R. Sarangi, J.

The petitioner, by way of this application, seeks direction to the opposite parties to release the SBBL 12 BORE Catridge Gun No. 35002 of Company W.J. Jeffery and Co. Ltd., which was seized in connection with 2(b)CC Case No. 39 of 2006 on the file of learned J.M.F.C, Daspalla, or in alternative pay compensation to him, as the same has been lost in the Court Malkhana.

2. As per the prosecution allegation, on 20.05.2006 at 10.30 AM., while the petitioner was proceeding in a Maruti Van, the Forester, namely, Laxman Baral, along with other forest and police staff, stopped the said vehicle. On search, they found a gun, i.e., SBBL 12 BORE Catridge Gun No. 35002 of Company W.J. Jeffery and Co. Ltd. inside the Maruti Van along with some dead birds. The Forester seized the said gun, arrested the petitioner and forwarded him to the Court.

3. The case of the petitioner, in brief, is that he is the licence holder of the seized gun and authorized to keep the same for the purpose of safety of his life and protection of his crops, and was permitted a limited area to move with the said gun. The petitioner, along with his brother, was taken by Daspalla Police and then the OI