IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17913 of 2009 1. BADARINATH UPADHAYAY S/O LATE RAM SHARAN UPADHAYAY R/O VILL-SUKUL TOLI, P.S- SIWAN, DISTT- SIWAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SIWAN 3. THE SUPERINTENDENT OF POLICE, SIWAN 4. THE DEPUTY SUPERINTENDENT OF POLICE, TOWN, DISTT- SIWAN 5. THE OFFICER-IN-CHARGE, SIWAN TOWN, DISTT- SIWAN 6. THE MALKHANA IN-CHARGE SIWAN TOWN POLICE STATION- DISTT- SIWAN ----------- 02. 17.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. The double barrel Gun of the petitioner bearing no. 7301171 under License No. 128 of 1974 was seized in Siwan P.S. Case No. 43 of 1984 (G.R. Case No. 327 of 1984). The trial culminated in the acquittal of the petitioner in Sessions Trial No. 88 of 1986 by the Second Assistant Sessions Judge, Siwan on 27.6.1995. It is the case of the petitioner that notwithstanding more than one order of the trial court the Gun has still not been released to him. Learned counsel for the State submits from the counter affidavit of the Superintendent of Police, Siwan that the license of the petitioner expired in 1985 and therefore the Gun may be delivered to him after he approaches the authority with a valid license. Reliance is placed at Annexure-A to the counter affidavit giving a notice to this effect to the petitioner on 6.2.2010. 2 The counter affidavit of the Superintendent of Police, Siwan, is unfortunate and in teeth of Section 451 of Code of Criminal Procedure with regard to his duties and responsibilities. Learned counsel for the petitioner submits that the license never came to be cancelled much less suspended. Be that as it may, it has no relevance to the discharge of the statutory duties by the Police with regard to its obligations under the Code of Criminal Procedure after conclusion of the trial. The issue of a valid license is hardily relevant at this stage as the petitioner can always deposit it in safe custody and such a pre-condition cannot be made for release of the Gun in the facts of the case. Let the weapon of the petitioner be returned to him within a maximum period of 48 hours from the date of receipt/production of a copy of this order before the Superintendent of Police, if not required in any other case. It shall be open to the petitioner to raise objections before the Superintendent of Police in writing at the time that weapon is handed over to him with regard to the condition of the weapon and it shall be the duty of the Superintendent of Police to receive the written objection and disposed it off in accordance with law. The application stands disposed. P.K ( Navin Sinha, J.)