IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14547 of 2010 1. KAMRUL HASAN S/O LATE ZAHURUL HASAN R/O VILL.- DEORI, P.S.- PARBATTA, DISTT.- KHAGARIA 2. MD. SERAJUDDIN S/O LATE MD. ALAUDDIN NADVI R/O VILL.- DEORI, P.S.- PARBATTA, DISTT.- KHAGARIA Versus 1. THE STATE OF BIHAR THROUGH THE HOME SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, KHAGARIA 3. THE THANA INCHARGE MARAIYA, DISTT.- KHAGARIA ----------- 2. 05.05.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. That the original order dated 22.8.2010 directing the petitioner to deposit his fire arms may not strictly have been in consonance with Section 21 of the Arms Act read with Rule 46 of the Arms Rules looses its relevance for the reason that the petitioner complied with the same voluntarily. The Court cannot loose sight of the circumstances under which the arms were directed to be deposited. Certain amount of discretionary jurisdiction shall have to be given by the Court to the District Magistrate who is the man on the spot best aware of the necessities of the moment. To that extent the Court finds no error. But when without following the process of law, the action continues till today with no justification for the same, what may have been justified when done today has become totally unjustified. The matter was heard before the lunch recess when Counsel for the State was granted accommodation to seek instruction from the District Magistrate. In the post lunch session learned State Counsel informs the Court that the District Magistrate has stated that she will release the weapon of the petitioner. This Court directs that no sooner that the petitioner appears before the District Magistrate along with a copy of the present order the weapon shall be handed over to the petitioner within a maximum period of 72 hours from the same. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)