S.C.AGARWAL,J. - (1.) HEARD learned Counsel for the revisionist, learned A.G.A. for the State and perused the impugned order. Revisionist is an accused in crime No. 189 of 2010 under sections 323, 504, 506, and 452 IPC, P.S. Shikarpur, District Bu-landshahar. He was arrested in the afore­said case and his licensed revolver No. 045100282, arms licence No. 903/2003/Qaursi/Aligarh and 8 live cartridges were seized by the police from his possession. An application for release of licence, re­volver and cartridges was moved by the revisionist before A.J.M.-II, Bulandsftahar in criminal case No. 2832 of 2010 State v. Gajendra Singh and others. The aforesaid application was rejected vide order dated 14.9.2010 on the basis of police report that a report for cancellation of the license has been forwarded to District Magistrate, Aligarh and there was likelihood of misusing the firearm by the revisionist. On the afore­said ground, learned Magistrate rejected the application for release of licence, re­volver and cartridges. Hence this revision. Learned Counsel for the revisionist submitted that the impugned order has been passed by the Magistrate on the basis of police report, but it has not been dis­closed that on what grounds the police submitted its report. The licence of the re­visionist has not been cancelled by District Magistrate, Aligarh and in aforesaid crime No. 189 of 2010 of P.S. Shikarpur, District Bulandshahar, the aforesaid revolver was not alleged to have been used. Learned A.G.A. is unable to explain as to why the licenced firearm of the revision­ist can be detained at the police station, whereas there is no allegation against him that firearm was used in any crime nor the licence has yet been cancelled by the com­petent authority.
(2.) I find sufficient force iri the sub­missions advanced by learned Counsel for the revisionist. The impugned firearm has not been alleged having used in any crime. A firearm cannot be detained at the police station merely at the whims of the police officer. Merely forwarding the report to the District Magistrate for cancellation of the licence by the police is not a sufficient ground to keep the weapon in police cus­tody. As a licensee of the firearm, the revi­sionist has every legal right to possess the same unless and until the licence is can­celled by the issuing authority. Thus, the impugned order cannot be sustained and is liable to be quashed. Revision is allowed. Learned Magistrate is directed to return the arms licence, the revolver and the live cartridges to the custody of the revisionist, who is the licence holder of the said firearm. If the arms license has expired and requires renewal, the license shall be handed over to the revisionist immediately so that the same may be got renewed by the competent authority and after renewal of the licence, the weapon and the ammuni­tions seized by the police, be returned to the revisionist.;