ORAL ORDER

1. Rule. Learned APP waives service of notice of rule for and on behalf of respondent – State.

2. This petition has been preferred under Articles 226 and 227 of the Constitution of India seeking quashing and setting aside the orders passed by the learned lower Courts and thereby, be pleased order to release/handover the muddamal i.e. firearm (Gun bearing No.13236-2000), which was seized in pursuance of the FIR bearing C.R.No.11214068230165 of 2023 registered at Kim Police Station, Surat, for the offence under the provisions of the Arms Act.

3. Learned counsel for the petitioner submits that, the petitioner is retired CRPF person and was rendering his services as security. Further, the gun was not used in any offence and he is having valid license and he will assure and undertake that the same will not be used in any offence in future.

4. From the record, it appears that the firearm was sent to the FSL for examination, and report is received on 07.10.2023. Considering the report, it appears that the firearm is not used for any offence or firing and even the petitioner is a retired CRPF employee and he was rendering his service as a security. Further, the license is still in o