[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P. NO.751 OF 2008 Manojkumar Harinath Yadav ..Petitioner Vs. State of Maharashtra ..Respondents ... Mr.Rakesh Kumar Advocate for Petitioner Ms.A.A.Mane A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 8, 2008 DATE : OCTOBER 8, 2008 DATE : OCTOBER 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and the learned A.P.P. for the State. 2. The petitioner came to be arrested for breach of Rule 62(4) of Arms Rule read with Section 30 of the Arms Act. The revolver bearing No. 44171 32 FG Kanpur made 2005 came to be seized by the police. The petitioner is seeking return of the said revolver. The application for return of the said revolver came to be rejected by the learned Sessions Judge mainly on the ground that there is a possibility of its unlawful use. [-2-] 3. Admittedly, the petitioner is the owner of revolver bearing No.44171 32 FG Kanpur made of 2005. The petitioner has valid licence in respect of the said revolver and said licence is valid all over India. The petitioner was originally resident of Gazipur (Uttar Pradesh). When the petitioner shifted to Thane in Maharashtra, he preferred an application to the Commissioner of Police Thane. In the said letter, he has communicated his licence number, revolver make and new address at Thane. In the said application, it is also stated that entry be made in the revolver licence and in the record of the police for which petitioner is ready to pay charges for the same. The said communication was made within 30 days which is the time stipulated under Rule 62(4) of the Arms Rules. 4. Besides the present case, there is no antecedent pointed out by the prosecution, hence, it cannot be said that the apprehension expressed by the learned Sessions Judge had any basis. It is not the prosecution case that the said revolver has been used by the petitioner to commit any offence. Looking to the fact that the petitioner is the licensed owner of the said revolver and he has [-3-] licence for the same which was valid all over India, I am inclined to return the said revolver to the petitioner. 5. The revolver bearing no. 44171 32 FG.Kanpur made 2005, five live cartridges along with licence of the said revolver be returned to the petitioner. On receipt of the said licence and revolver, the petitioner shall produce the same before the licensing authority at Thane within four weeks for appropriate endorsement on the licence. 6. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]