Babu Singh vs State of U.P. and Others

S.C. Jain, J.—The facts giving rise to this appeal are that the Appellant, Babu Singh, was one of the accused involved in Sessions Trial No. 515 of 1981 under Sections 302/34 and 307, I.P.C. police station Purkaji district Muzaffarnagar. All the accused persons in that case were acquitted by IV Addl. Sessions Judge, Muzaffarnagar by his order dated 27.10.1993, but the licensed gun in the name of Babu Singh, Appellant, was taken into possession and the same was not returned to the Appellant, Babu Singh, though he had applied for the same before the IV Addl. Sessions Judge. The IV Addl. Sessions Judge by his order dated 13.1.1994 dismissed the application of Babu Singh with the observation that District Magistrate should pass orders of confiscation of this gun and forfeiture of the licence of the said gun because such a licence and gun should never be given to such offence who used the gun in commission of the offence.

Being aggrieved by the said order this appeal has been filed challenging the said order dated 13.1.1994 passed by the IV Addl. Sessions Judge, Muzaffarnagar.

I have heard learned Counsel for the parties and have gone through the judgment of an acquittal dated 27.10.1993. This Appellant alongwith other accused persons was acquitted of the said charge for want of evidence against them.

Whether this gun was used in the commission of the said offence or not is a question which cannot be taken into consideration by the Addl. Sessions Judge while rejecting the application for return of the gun. If is for the District Magistrate to see whether cancellation of the licence in the name of Babu Singh is in public interest or not. The IV Addl. Sessions Judge was not competent to ascertain that Babu Singh is not entitled to have such a licence and for retention of the gun when Babu Singh was already acquitted of the said charge of murder. Under these circumstances, the order passed by the IV Addl. Sessions Judge on 13.1.1994 is set aside. However, the District Magistrate, Muzaffarnagar will continue with the enquiry and proceedings initiated by him by giving show cause notice to Babu Singh as to why his licence for the gun be not cancelled and why the gun be not forfeited and dispose of the same expeditiously. This order passed by IV Addl. Sessions Judge will not be binding upon the District Magistrate while deciding the question of cancellation of the gun licence of the Appellant, Babu Singh and forfeiture of the gun.

With these observations, this appeal is allowed. The District Magistrate, Muzaffarnagar is directed to continue with the enquiry, complete the same expeditiously and pass appropriate orders in this matter as per law and rules.