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2013 DIGILAW 1727 (PNJ)

Jai Parkash @ Bittoo v. State of Haryana

2013-12-20

REKHA MITTAL

body2013
JUDGMENT Mrs. Rekha Mittal, J. (Oral):- The present appeal has been directed against judgment dated 31.07.2012 passed by the Sessions Judge, Jhajjar whereby case property i.e. .32 bore licenced revolver of the petitioner has been ordered to be confiscated despite petitioner being acquitted of the charge. 2. Counsel for the appellant would submit that as the appellant was acquitted of the offence charged against him for commission of offence punishable under Section 307 of the Indian Penal Code and Section 30 of Arms Act, the trial Court without appreciating the provisions of Section 32 of the Arms Act has directed confiscation of the weapon which can be allowed only when any person is convicted under the Act of any offence committed by him in respect of any arms or ammunition. It is further submitted that proviso appended to Section 32 (1) of the Arms Act would further make it clear that if an order of confiscation is made by the trial Court and the conviction is set aside in appeal or otherwise the order of confiscation shall become void, meaning thereby that no order of confiscation can be passed in case of acquittal of an accused. 3. Counsel for the State could not dispute submissions made by counsel for the appellant. 4. I have heard counsel for the parties and perused the records. 5. Section 32 of the Arms Act provides for power to confiscate. A relevant extract of Section 32 Act is quoted thus:- “32. Power to confiscate-(1) When any person is convicted under this Act of any offence committed by him in respect of any arms or ammunition, it shall be in the discretion of the convicting court further to direct that the whole or any portion of such arms or ammunition, and any vessel, vehicle or other means of conveyance and any receptacle or this containing, or used to conceal, the arms or ammunition shall be confiscated. Provided that if the conviction is set aside on appeal or otherwise, the order of confiscation shall become void.” 6. Keeping in view the provisions of Section 32 of Arms Act, there is no scope of any debate or discussion that the power of confiscation is available only if a person is convicted under the Arms Act for committing of an offence in respect of any arms or ammunition and not otherwise. 7. Keeping in view the provisions of Section 32 of Arms Act, there is no scope of any debate or discussion that the power of confiscation is available only if a person is convicted under the Arms Act for committing of an offence in respect of any arms or ammunition and not otherwise. 7. In this view of the matter, the appeal is allowed, the impugned direction of confiscation of weapon in question is set aside and the weapon is ordered to be released to its licenced owner, in accordance with law.