Amar Saran, Shiv Shanker - (1.) -This petition has been filed by the petitioner Updesh alias Chhunna for quashing of the F.I.R. dated 23.6.2007 lodged by S. I. Pratap Singh under Section 5/25 of the Arms Act in Case Crime No. 94 of 2007 at P. S. Airwa Katra, district Auraiya.
(2.) THE allegations in the F.I.R. were that a police party headed by S. I. Pratap Singh received information that three persons were running a Bhatti (fireplace) in the Babool forest near village Sitawat and illegally manufacturing country made pistols. THEreupon the police reached the spot on 23.6.2007 at 11.50 a.m., and arrested co-accused Ganesh while two persons are said to have made good their escape. From Ganesh's possession, several country made pistols at very stages of manufacture and parts of weapons, implements such as blades, hathauri, screw driver and reti etc., for manufacturing illicit fire arms were recovered. On arrest Ganesh disclosed the name of the petitioner and one Rakshpal Singh, as the persons, who fled away from the spot. It was argued by the learned counsel for the petitioner that statement of the co-accused is inadmissible in evidence. We are not in agreement with this contention. At the stage of investigation of case; it has only to be seen whether there is any material against an accused. THE legal evidentiary value of the said material is a matter for appreciation during trial by the trial court. Also other material may be forthcoming after the interrogation and arrest of the petitioner, and staying the arrest of the petitioner at this stage would amount to interfering with the investigation which is not permissible or desirable. THEre is, therefore, no ground to quash the F.I.R. or to say the arrest of the petitioner. We are noticing that the menace of manufacturing and distribution of illegal fire arms, ammunitions and bombs is now reaching alarming proportions. Another Division Bench in the case of Ashok Kumar Dixit v. State and others, Civil Misc. Writ Petition No. 16407 of 2007, in which one of us (Amar Saran, J.) was a member had called for a report of arms licensees in the State of U. P. The figure disclosed was 1002683. By our order dated 18.7.2007 we appreciated the fair conduct of the recent Assembly elections by the Election Commission because of an earlier order in Ashok Dixit's case (supra) requiring that fire arms may be got deposited from persons having criminal antecedents (without disturbing persons with no criminal records) prior to the elections, but forbade display of arms during election times. By the order dated 18.7.2007 the D. B. further directed that the exercise of divesting arms licensees who possess criminal antecedents be continued even after the conclusion of the elections. We think that only partial benefit will accrue as a result of the said exercise unless the far greater number of unlicensed arms and ammunition, which are freely distributed in society and which can be used for facilitating grave crimes against persons or properties is controlled. We are daily observing how the wide circulation of arms in society is leading to grave threats to public order, abductions, extortions, robberies, dacoities, and other crimes of intimidation and violence. How use of arms has become a way of life for the mafia for its various crimes in winning Government contracts, or grabbing prime properties or for extortions, or terrorizing voters during elections, and how easy it is for terrorists and other extremists to acquire legal and illegal, regular and prohibited arms and ammunition and even the enhanced penalties under the Arms Act which extend upto imprisonment for life for dealing in prohibited arms and ammunitions have not been able to check the menace of proliferation of illicit arms.
(3.) WE, therefore, think that a sustained campaign be conducted to unearth the distribution and spread of illegal fire arms, ammunitions, bombs etc. and for evolving a sustained and comprehensive strategy to control the proliferation of arms and for punishing arms offenders. On the next date of listing we would like a return filed by the D.G.P., U. P. indicating : 1. The number of cases with details about the factories or other units manufacturing illicit arms and ammunitions which have been unearthed at different places in the State of U. P. in the last three years ; 2. The number of accused persons with details who have been found in possession of illegal fire arms in the past one year and the progress of investigations and trials of the cases against accused involved in the manufacture, sale and distribution of illegal arms and persons who have been found in possession of illegal arms in the aforesaid periods ; and 3.What mechanism already exists or is being devised for stringent compliance of this order for identification, reduction and elimination of manufacture, sale, distribution and possession of such illegal weapons and ammunition and for expeditious investigation and punishment of cases against arms offenders. List this case for further orders and for receiving the compliance report from the D.G.P. after 9 weeks on 2.11.2007. As we have refused the relief prayed for by the petitioner, hence this case should be listed on the next date under the title Re : in the matter of illegal arms. Copy of this order may be given to learned A.G.A. within a week for compliance.;