JUDGMENT 1. - This appeal is directed against the judgment dated 27.2.2001 passed by learned Additional Sessions Judge, Anoopgarh. The accused-appellant though charged under section 307,447-34 Indian Penal Code was only convicted under section 324 JPC. He was given benefit of Section 4(1) of the Probation of Offenders Act. 2. Learned counsel for the appellant has- not seriously challenged the conviction and has remained contended with the accused having been let out on Probation of Offenders Act. However, the learned counsel for the appellant emphasised that the appellant was not tried under any of the provisions of Arms Act. He has been tried and convicted only for offence under Penal Code. Ultimately, he was convicted of a bailable offence under section 324 Indian Penal Code. At the time, when he was convicted, he was of 71 years of age which was recorded in 1998 and now we are in 2004. He has gone pretty old and is an Ex-Serviceman. In this background, it would not be appropriate to confiscate the gun. It was not appropriate also because for confiscation, he had been given no notice. Since no charge under Arms Act has been framed and trial undertaken, it would not be proper to confiscate the gun. 3. Learned Public Prosecutor has contended that it would not be conducive in the facts and circumstances of the case that a man who has misused the gun should be re-awarded the gun. 4. I have considered the rival submissions. There having been no notice to the appellant, gun is not liable to be confiscated. He having been dealt with lightly as far as penal offence is concerned, this Court considers that the order of confiscation of gun is not proper. Therefore, the order of the trial Court confiscating the gun is set aside and it is ordered that the appellant may be given the custody of gun which had been ordered to be confiscated. It would be open to the District authorities who have the jurisdiction under the Arms Act to deal with the case appropriately, if situation so warrants. 5. With the aforesaid observation,.the appeal is partly allowed. The gun confiscated is ordered to be released to the accused. His conviction is maintained and order of grant of probation is also not interfered with.Appeal partly allowed. *******