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2004 DIGILAW 51 (UTT)

Devendra Kumar Juneja v. State of Uttaranchal

2004-05-12

P.C.VERMA, RAJESH TANDON

body2004
JUDGMENT Heard Mr. S.K. Mandai, learned counsel for the petitioner and Sri K.P. Upadhyaya, learned Standing Counsel for the State. 2. An urgency application bearing No. 1807 of 2004 has been filed by Mr. S.K. Mandai, Advocate for the petitioner praying for disposal of the case today itself, the same is allowed. 3. The father of the petitioner Late Sri Madan Lal Juneja was a licensee and owner of Revolver No. B-68161, 32 Bore made in England by Vebely Company. The licence No. 3242/SDO/KL of Sri Madan Lal Juneja was valid upto 17.5.94. The father of the petitioner died in the month of May, 1992. After his death, the petitioner has deposited the said Revolver in the office of respondent NO.5 on 18.6.92. The petitioner was granted the license No. 103/GII/Ps. Khatima/2002/ Udham Singh Nagar vide order dated 16.10.2002 and this license is valid till 16.10.2005. Thereafter, on 23.12.2002, petitioner made an application to the District Magistrate/Licensing Authority praying for release of the said Revolver in his favour. The said application is still pending for consideration. 4. Today, it is reported by learned Standing Counsel that the said Revolver has been lost from the Police Maalkhana. As such, it cannot be released and an enquiry IS being held in this regard. 5. For the lepse of the respondents, the petitioner cannot be made to suffer. Therefore, we direct the Superintendent of Police, Udham Singh Nagar to Immediately purchase the same quality of Revolver and to release the same to the petitioner within a period of one month from the date of production of certified copy of this order and the interest on the cost of the Revolver at the rate of 9% per annum shall also be recovered from the salary of the Superintendent of Police concerned. 6. With the aforesaid observations, the writ petition is disposed of. No order as to costs.