The petitioner was issued with a fire arm licence and on the strength of which, he was in possession of one SBBL gun bearing No.BE-1683-2002, which he deposited with the third respondent police on 09.03.2016 in compliance with the direction of the Election Commission in the run up to the Election to the Tamil Nadu Assembly that was held during the month of May 2016. According to the petitioner, the licence has expired on 31.12.2016 and he has submitted an application for renewal of application. While so, the petitioner has filed the present writ petition for a direction to the respondent police to return the fire arm to him.
2. Ms.A.K.Latha, Sub Inspector of Police, Pudukottai Police Station, is present before this Court.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
4. On instructions, the learned Additional Government Pleader submitted that there are two cases pending against the petitioner, namely, Crime No.10/2015 under
Sections 120(b),465,467,471,420 IPC and Crime No.65/2016 under
Sections 294(b) and
506(i) IPC and therefore, the police cannot return the weapon.
5. In the considered opinion of this Court, two cases registered against the petitioner are not for offences under the Arms Act, but for ordinary offences under the Indian Penal Code, for which, the weapon that was handed over by the petitioner cannot be retained indefinitely by the police. However, since the licence of the petitioner has expired, this Court cannot direct the police to hand over the weapon to the petitioner, at this stage. It is open to the petitioner to request for return of the weapon, after the licence is extended by the authorities.
With the above direction, this writ petition is disposed of. No costs.
To
1. The District Revenue Officer/Additional District Magistrate Thoothukudi District, Thoothukudi.
2. The Inspector of Police, Pudukottai Police Station, Pudukottai, Thoothukudi District
3. The Sub Inspector of Police Pudukottai Police Station, Pudukottai Thoothukudi District.