Firing in self Defence in Air

In a complaint including S.441 (Criminal Trespass) and S.320 (Grievous Hurt) S.307 (Attempt to Murder) and 323. The complainant stated that the accused fired three shots in the Air to intimidate him and cause fear after the known persons of the accused trespassed in the complainants plot to hurt him. What actually happened was that the accused believed that the complainant was restraining his nephew inside and so he waved his revolver in air from outside the plot while the relatives of the accused jumped inside the plot over the gate to help the person inside. The case is not yet in trial and the police investigating officer is asking to submit the licenced Revolver in the police custody. There is video evidence of the incident which clearly shows waving of the gun in air but does not show it firing. Also the weapon used wasn't the actual gun but a replica which doesn't fire shots but just makes noise which is similar to the gun the accused uses. This was used in place of the original gun to avoid any mishap. Now my query is how to avoid submitting the revolver to the police custody or is there any way a plea for safety can be made in such a matter to avoid submitting the firearm?? The accused waved the gun because the complainant was holding broken beer bottles inside his plot to hurt anyone who comes in and so the waving of gun was for the measure to stop him from hurting the people who jumped in the plot. And let's just say even if the firearm was discharged in air, is it not the very purpose of it?? Also is S. 32 of the Arms Act of any relevance here!??