HARBANS SINGH RAI,J - (1.) THE petitioner was convicted along with many others under section 307 read with section 149, I.P.C. and section 148 I.P.C. He was sentenced to one month's R.I. under section 148, I.P.C. and to sentence already undergone under section 307 read with section 149, I.P.C. along with a fine of Rs. 100/-, in default of payment of fine further R.I. for two months by Additional Sessions Judge, Ferozepur, vide his dated July 21, 1986.
(2.) THE allegations against the petitioner in this case are that he had fired from his gun. No body was injured. As no order regarding the disposal of the fire-arm i.e. gun was passed at the time of the conviction, the petitioner applied for the return of the gun which was declined by the trial Judge vide his order dated April 23, 1987. Feeling aggrieved, he has come in revision to this Court. Admittedly, no order for the disposal of the gun was passed at the time of the conclusion of the trial. The petitioner applied for the return of the gun as no order for its disposal was passed. The learned trial Judge did not return the gun to the petitioner, but ordered the confiscation of the same This order has been passed almost eight months after the conclusion of the trial. Although there is nothing in law which restraints the trial Court to pass the order disposing the weapon of offence even after the conclusion of the trial. but in the interests of justice and fair play, it is required that it should have been passed within a reasonable time after the conclusion of the trial. In this case, the petitioner had sought the return of the gun, the trial Court, instead of returning the gun, passed the order of confiscation. No notice for confiscating the gun was given to the petitioner. As the order has been passed after considerable delay after conclusion of the trial and no notice was given to the petitioner, the order of the trial Judge confiscating the gun cannot stand. Consequently, the order dated April 23, 1987, passed by the Additional Sessions Judge, Ferozepore, confiscating the gun is set aside. It is ordered that the gun may be given back to the petitioner on his producing a valid licence and in case he has not a valid licence he may be given time to dispose of the same. With these observations, the revision petition is disposed of. Revision disposed of.;