MOHAN BIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jawand Singh son of Jagir Singh, Driver resident of Talwandi Khurd, District Ludhiana as prosecuted under S.25 of the Arms Act and convicted by Shri R.L. Anand, Additional Judge, Special Court, Ludhiana vide his order dt. 18-2-1985.

(2.) The allegation against Jaswant Singh was that he was in possession of .38 bore Smith Weason U.S. revolver and as he could not produce any licence for the same, he had committed an offence under the Arms Act. During trial it revealed that the weapon belonged to Mohanbir Singh in whose employment Jawant Singh was as a Driver and it was a licenced weapon of Mohanbir Singh who appeared as D.W. 1. Shri R.L. Anand, learned Additional Judge, Special Court, Ludhiana, while convicting Jawant Singh, confiscated the weapon to the State.

(3.) Mohanbir Singh feeling aggrieved, filed a petition in the Hon'ble Supreme Court of India challenging the confiscation of the weapon. The apex Court directed him to approach this Court. A Division Bench of this Court presided over by Chief Justice, V. Ramaswami, ordered on Dec. 18, 1987 that a regular appeal against confiscation be filed. The Bench also condoned limitation. Consequently, this appeal has been filed by Mohanbir Singh.