IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1153 OF 2009 Shri.Sadashiv Gangaram Lanjekar .. Petitioner V/s The Sub Divisional Police Officer, Chiplun & Ors. .. Respondents Mr.K.N.Kore for the petitioner. Mr.A.S.Gadkari, APP for the State. CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 7TH JULY, 2009. P.C.: . The grievance of the petitioner is that despite the fact that the petitioner has a licence issued by the appropriate authority for single barrel gun, the police have seized his gun as well as licence without following the proper procedure in accordance with law. 2. Mr.Gadkari, learned APP has shown us certain complaints made by the villagers. According to Mr.Gadkari the villagers have complained that the petitioner moves around with the gun and gives threats to the people and since there is danger of breach of public peace the police have taken this step. 3. At this stage we do not want to go into the merits of the case of either parties. Indisputedly the police have to follow proper prescribed procedure before seizing the licenced arm. Necessary provisions in that behalf are made under the Arms Act, 1959. Prima­facie it appears to us that proper prescribed procedure has not been followed by the police. In the circumstances, we direct the police to hand over the licence to the petitioner within a period of three days from today. The gun, however, may be retained by the police without prejudice to the rights and contentions of the petitioner. The police shall follow proper procedure prescribed under the Arms Act, 1959. The police shall issue show cause notice to the petitioner and if a reply is submitted by the petitioner, the police shall consider the same and pass an appropriate order in accordance with law, and the said order be communicated to the petitioner immediately. The entire exercise may be conducted within a period of four weeks from today. The police will be free to take action in accordance with law for cancellation of the petitioner’s licence. Needless to say that the contentions of both sides on merits are kept open. 4. The petition is disposed of. Issuance of certified copy is expedited. ( SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.)