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Raj kr.Shah (Querist) 28 April 2012 This query is : Resolved
a man found sitting in a dark place was caught by the VDP and one police constable .on being searched a revolver was found at his possession.what defence can be given to him by the defence lawyer. please suggest.

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adv. rajeev ( rajoo ) (Expert) 28 April 2012
First what is the true fact to be known from the man who is arrested.

SAINATH DEVALLA (Expert) 28 April 2012
Dear Shah,

Was the revolver a licensed one?If so he could have defended himself at the place of search itself.If it is unlicensed he will be chargesheeted section 51 of the Arms Act 1959(amended in 1983).

Sudhir Kumar, Advocate (Expert) 28 April 2012
Highly subjective matter. Contact nearest lawyer who will be able to see panchanama and FIR and then advise.

ajay sethi (Expert) 28 April 2012
it would depend on fact whether it is a licensed revolver or not

Deepak Nair (Expert) 28 April 2012
Right answer will be given only if the query is not academic.

PARTHA P BORBORA (Expert) 28 April 2012
If the revolver seized from the accuse has a valid licence he's not comited any offence . Otherwise if he has no licence, the police seized the revolver observing all legal formalities imposed by Cr. P. C, in my opinion there is every possibility of conviction of the accusd. But to warrent the the conviction,prosecution must prove the at the time of seizure the revolver was in working condition and that must be proved by a ballistic export.

Raj kr.Shah (Querist) 03 May 2012
Thank u so much or your advice.

Raj kr.Shah (Querist) 03 May 2012
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Guest (Expert) 03 May 2012
As a student, spoon feeding from experts cannot help you to become a good performer in your exam for law degree and as a lawyer thereafter. Better exert yourself to find the appropriate legal provisions.