Case Note & Summary
The petitioner, Badrinath Sable, a licensed revolver holder, was implicated in Crime No. 21 of 2011 for offences under Sections 376, 420, 312, 109, 506 read with 34 IPC, Section 3(10)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2) of the M.T.P. Act, Sections 4/25 of the Arms Act, and Sections 22, 23 of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. He was granted anticipatory bail on condition that he deposit his licensed revolver with the investigating officer. He complied. Subsequently, he filed an application (Exh. 40) before the trial court for return of the revolver, which was rejected on 26.3.2012. He then filed the present writ petition under Articles 226 and 227 of the Constitution. The High Court noted that the revolver was not required for investigation or trial, and the petitioner was the lawful license holder. The court held that the condition in the anticipatory bail order was only for deposit, not confiscation, and the petitioner was entitled to its return. The court quashed the trial court's order and directed the return of the revolver to the petitioner on his executing a bond of Rs. 50,000 with one surety.
Headnote
A) Criminal Procedure - Return of Property - Section 451, 457 CrPC - Licensed Firearm - Petitioner deposited revolver as condition of anticipatory bail in a case under SC/ST Act and IPC - Trial court rejected application for return of revolver - High Court held that the revolver is not required for investigation or trial, and the petitioner being a licensed holder is entitled to its custody - Directed return of revolver to petitioner on executing bond (Paras 1-10).
Issue of Consideration
Whether the petitioner, a licensed firearm holder, is entitled to the return of his revolver which was deposited as a condition of anticipatory bail, pending trial in a case under the SC/ST Act and other offences.
Final Decision
The petition is allowed. The order dated 26.3.2012 passed by the learned Additional Sessions Judge-1, Majalgaon, below Exh. 40 in Special (Atrocity) Case No. 1 of 2012 is quashed and set aside. The application Exh. 40 is allowed. The revolver bearing No. A58344 shall be returned to the petitioner on his executing a bond of Rs. 50,000 with one surety.
Law Points
- Return of property pending trial
- Arms Act license holder rights
- Section 451 CrPC
- Section 457 CrPC
- Anticipatory bail conditions
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
Case Details
2012 LawText (BOM) (10) 4
Criminal Writ Petition No. 443 of 2012
Shri B.V. Thombre for petitioner, Shri D.V. Tele, A.P.P. for respondent
Badrinath s/o Rajaram Sable
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Nature of Litigation
Criminal writ petition challenging order rejecting application for return of licensed revolver deposited as condition of anticipatory bail.
Remedy Sought
Quashing of trial court order dated 26.3.2012 and direction to return the revolver to petitioner.
Filing Reason
Trial court rejected petitioner's application for return of his licensed revolver which was deposited as a condition of anticipatory bail.
Previous Decisions
Anticipatory bail granted on condition of depositing revolver; trial court rejected return application on 26.3.2012.
Issues
Whether the petitioner is entitled to return of his licensed revolver deposited as a condition of anticipatory bail pending trial.
Submissions/Arguments
Petitioner: He is lawful owner and license holder of revolver; revolver not required for investigation or trial; condition was only for deposit, not confiscation; trial court erred in rejecting return.
Respondent: State opposed return, but no specific argument recorded in judgment.
Ratio Decidendi
A licensed firearm holder is entitled to return of his weapon deposited as a condition of anticipatory bail when the weapon is not required for investigation or trial, and the condition was only for deposit, not confiscation.
Judgment Excerpts
The petitioner is the lawful owner of revolver bearing No. A58344 and the petitioner is the authorized license holder thereof...
The said application was allowed by the said court on the condition that the applicant shall deposit his licensed revolver/pistol...
The revolver is not required for the purpose of investigation or trial...
Hence, the petitioner is entitled to get back the revolver...
Procedural History
On 20.4.2011, FIR (C.R. No. 21/2011) registered against petitioner and others. Petitioner filed anticipatory bail application (Criminal Application No. 58/2011) which was allowed on condition of depositing revolver. Petitioner deposited revolver. Thereafter, petitioner filed application (Exh. 40) for return of revolver, which was rejected on 26.3.2012 by Additional Sessions Judge-1, Majalgaon. Petitioner then filed Criminal Writ Petition No. 443 of 2012 in Bombay High Court, Aurangabad Bench, which was allowed on 12.10.2012.
Acts & Sections
- Constitution of India: Articles 226, 227
- Indian Penal Code, 1860 (IPC): 376, 420, 312, 109, 506, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(10)(xii)
- Medical Termination of Pregnancy Act, 1971 (M.T.P. Act): 3(2)
- Arms Act, 1959: 4, 25
- Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994: 22, 23
- Code of Criminal Procedure, 1973 (CrPC): 451, 457
