Petitioners entitled to sell released firearms not associated with criminal case, emphasizing rights on possession.

Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting?

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For the Petitioners : Mr. Nitin Thakur, Advocate.

For the Respondent : Mr. Tejasvi Sharma, Mr. Varun Chandel and Mr. H.S. Rawat, Addl. A.Gs., with Ms. Ranjna Patial, Dy. A.G., assisted by HC Vinod Kumar, New Shimla, District Shimla.

Virender Singh, Judge Applicants have preferred the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS Act’), against the order dated 7.11.2024, passed by the Court of learned Judicial Magistrate First Class, Court No. 3, Shimla, H.P. (hereinafter referred to as ‘the trial Court’), in Cr.M.A. No. 4162 of 2024, titled as, ‘Pawan Kumar Chauhan & anr. Vs. State of H.P.’.

2. By way of order dated 7.11.2024, the learned trial Court has dismissed the application, moved by the applicants, seeking permission of the learned trial Court, to sell weapons, i.e. a) pistol NPB 380 Bore No. Y010871X make Beretta, b) one pistol NPB 380 Bore No. YO10843X make Beretta. .

3. As per the factual position, as involved in the present case, on the statement of one Sunil Chauhan, the Police registered a case under Sections 429 oand 201 of IPC, Section 25 of the Arms Act and Sect ion 11 of Cruelty towards Animals Act with P.S. New Shimla. The said case has been registered on the compluaint of aforesaid Sunil Chauhan, who has telephonicallyo informed the Police that someone had fired at a dog.

4. When, the Police reached at the spot, the comhplainant made a statement, under Section 154 Cr. P.C., disclosing therein that on 27.3.2024, he alongwith his friend, was on his way to Forest Colony Chamber, on foot. At about 3:40 p.m., when they reached near Forest Colony, then they heard the noise of gun fire shot. On turning back, they noticed that in the rivulet, a dog was killed by Pawan Chauhan, who was having gun in his hand.

5. Upon the statement of the complainant, the police registered the FIR No. 4 of 2024, dated 27.3.2024. After registration of the FIR, the Police machinery swung into motion. Accused/petitioner Pawan Kumar Chauhan was summoned to Police Station. On inquiry, accused/petitioner disclosed that his son Arsh Chauhan is having following weapons: .

i) .22 Bore Rifle No. 3199482;

ii) Gun/Rifle No. 12 Bore Rifle No. ST17741R DBBL Make Beretta and; f iii) one pistol .380 Bore make Bereotta No. Y010843X.

6. The license No. of the aforesaid weapons is stated to be LN14267A7A4E520, rissued by the District Magistrate, Hamirpur, H.P., which is stated to be valid up to 26.8.2026, and issued in the name of Arsh Chauhan.

7. InC addition to this, one pistol LP STEYR SPORTS NO. CAL 4.5/177.755200, which was without license, was taken into possession. On 5.4.2024, a correspondence was made to the District Magistrate, Hamirpur, through e-mail, to i obtain information with regard to said weapons. It was found that accused/petitioner Pawan Kumar Chauhan has deposited his weapons on 9.4.2024. As per his information, he has deposited six weapons, particulars of which, are as under:

i) Rifle No. 076103708;

ii) Rifle No. CH17084;

iii) Rifle No. DBBL 170808 12 Bore;

iv) Rifle No. 3006W/O Bolt with Magzine LCO 19525 v) Pistol .32 Bore KDA 0305 and;

vi) Pistol YO10871X .380. .

8. As per the record, these weapons were purchased on the license No. 14267A7A3FF18. As per the report of the SFSL, Junga, recent fire is stated to have been made with Rifle No. 07613708 which is registered in the name of accused/petitioner Pawan Chauhan. o

9. Since accused/petitioner was having valid license for the aforesaid weapon, which was used to kill the dog, Section 25 of the Armsu Act was deleted and the provisions of Section 27 of the Arms Act were added, in thi