Release of Weapon during investigation

Dear Muneer,

(a)  In this case the Prosecution is under Arms Act ;

(b) Licence holder is A-1 / Weapon belongs to A-1 ;

(c)  Investigation  itself   is pending; 

So, when the Prosecution is under Arms Act, and investigation itself is pending,  then a Petition for ' release of seized Arms '  by  Licence holder, either he may be A-1 or other Accused,  how can  maintenable.

As per me, in this case there is no such favourable orders or citations available.

Let see, how our other learned brother suggest you.

 Dear Muneer,

Can you provide some more details  and info about :

"   ' Prosecution  '  was initiated under Arms Act.

What do you mean by  ' Prosecution '  under Arms Act ?

Is there any  other offences/ allegations against  all  the Accusd ?

So that,  it may be helpfull to  our friends to guide  you rightly.   

(1) Whenever any magistrate has reason to believe---



(a) that any person residing within the local limits of his jurisdiction has in his possession any arms or ammunition for any unlawful purpose, or



(b) that such person cannot be left in the possession of any arms or ammunition without danger to the public peace or safety,



the magistrate may, after having recorded the reasons for his belief, cause a search to be made of the house or premises occupied by such person or in which the magistrate has reason to believe that such arms or ammunition are or is to be found and may have such arms or ammunition, if any, seized and detain the same in safe custody for such period as he thinks necessary, although that person may be entitled by virtue of this Act or any other law for the time being in force to have the same in his possession.



Dear Muneer, can you further provide some more detail or info about:

" Prosecution was initiated under Arms Act "

What do you mean by prosecution under Arms Act ?

Is there any other offences/allegation against Accused including this Arms Act ?

So, that it will be helpfull to our learned brothers guide you rightly.

What is to be considered before the seized article are release are 1. Prospecrtive necessity of production of the articles at the time of trial 2. Will the release of articles affect or prejudice the course of Justice at the time of trial? There are many cases but to be brief you can go through the case of Ram Prakash Sharma Vs State of Haryana 1978 CRLJ 1120-SC: Judgment delivered by Justice V.R.Krishna Iyer.A Classic case for your case.

Thanks

I shall procure the case citation and take further help.

Regards

muneer