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2011 DIGILAW 792 (PNJ)

Sawinder Singh v. State Of Punjab

2011-03-15

SURYA KANT

body2011
Judgment Surya Kant, J. 1. The petitioner claims that one DBBL Gun 12 bore No.7794 owned by him since the year 1989 and which he had deposited in the Police Station Chheharta on 17.3.1989, was illegally and unauthorizedly allotted to respondent No.6 by the then Senior Superintendent of Police, Amritsar without the consent of the petitioner. Respondent No.6 thereafter is stated to have committed murder with that very gun and now he is in jail. The petitioners further claim is that he never came to know about the unauthorized transfer of the gun in favour of respondent No.6. He now seeks a direction for taking action against the erring officials and to return the gun to him. He also served the respondents with a legal notice dated 16.9.2010 (Annexure P-2) to which the Commissioner of Police, Amritsar sent his reply dated 28.10.2010 (Annexure P-3) informing that the gun in question is now lying deposited in the Malkhana as case property and can be released only after the orders of the trial Court. 2. In these circumstances and without expressing any views on the petitioners allegations, I deem it appropriate to dispose of this writ petition with liberty to the petitioner to move an application before the Court of the competent jurisdiction for release of the gun in his favour. Any such application moved by him shall be considered and disposed of in accordance with law and at the earliest. 3. Ordered accordingly. 4. Dasti.