High Court granted bail to five petitioners accused of manufacturing and selling illegal arms. The court observed that recoveries were already effected, no trial on merits was held, and continued custody served no useful purpose.
Petitioners released on bail upon furnishing surety bonds for Rs. 1 lakh each with one local surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No. M-19848 of 2011
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Date of Decision: November 16, 2011
Anil Midda
…..Petitioner
Vs.
State of Punjab
…..Respondent
Kamalkant and another
…..Petitioners
Vs.
State of Punjab
…..Respondent 3. Crl. Misc. No. M-29877 of 2011
Ranjeet Singh
…..Petitioner
Vs.
State of Punjab
…..Respondent 4. Crl. Misc. No. M-30084 of 2011
Harmeet Lal …..Petitioner
Vs.
Crl. Misc. No. M-19848 of 2011
[2]
State of Punjab
…..Respondent
Arwinder Singh @ Pappu
…..Petitioner Vs.
State of Punjab
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. Sudhir Sharma, Advocate for the petitioner in Crl. Misc. No. M-19848 of 2011.
Mr.R.S. Sr. Sr. Advocate with Mr.Deepinder Brar, Advocate for the petitioners in Crl. Misc. Nos. M-29775 & 30754 of 2011.
Mr. A.S. Cheema, Advocate for the petitioner in Crl. Misc. No. M-29877 of 2011.
Mr.H.S. Dhindsa, Advocate for the petitioner in Crl. Misc. No. M-30084 of 2011.
Ms. Reeta Kohli, Addl.A.G., Punjab.
-.-
M.M.S. BEDI, J. (ORAL)
This order will dispose of five petitions bearing Crl. Misc. Nos.M-19848, M-29775, M-29877, M-30084 and M-30754 of 2011 in a case registered on the basis of secret information received by the police of
Crl. Misc. No. M-19848 of 2011
[3]
Police Station City Mansa to the effect that Mahesh Kumar who is running India Gun House in Mansa alongwith Ravinder Singh @ Pappu, Anil Midda, of Hindustan Gun House, Sirsa , Nand Kishore of Tamana Armory, Court Road, Moga and others formed a gang who get manufactured illegal arms like pistols, revolvers, etc from illegal factories and workshops and after putting forged numbers on the weapons, sell the same to the innocent people by preparing forged documents and bills, as original one at higher prices. Innocent peoples are defrauded.
Kamal Kant and Raghunath who are residents of U.P. were allegedly arrested from a naka. One pistol was recovered. They also got recovered four pistols from the bank of a canal as per the provisions of Section 27 of the Evidence Act. So far as Ranjit Singh is concerned, he is connected with Kalpana Gun House, Mansa. He is alleged to have sold 13 weapons as originals. Arwinder Singh got recovered five weapons as per provisions of Section 27 of the Evidence Act. He is not an armed dealer. Harmeet Lal had allegedly participated in a meeting of the gun dealers in which Raman Kumar and Ashok Kumar participated. As per statements of Raman Kumar and Ashok Kumar, PWs, recorded under Sections 161 and 164 Cr.P.C., a meeting was held at Mansa in which various dealers including dealers of M/s Kalyan Gun House, Mansa, Naib Gun House, Mansa and representatives from different districts, for instance, Tamana Amrohi from Moga and representative of Hindustan Gun House, Sirsa, Bindra Gun House, Amritsar, KVS Steel Industry, Muktsar, were present. Rama Kant and Harmit Singh had allegedly stated in the meeting that they
Crl. Misc. No. M-19848 of 2011
[4]
were police officials. Harmit had assured regular supply of cartridges. Anil Midda also promised to make available revolvers and pistols etc. Similarly Raman Kumar also stated that Harmeet Lal, Kamal Kant, Raghunath etc. had assured the supply of illicit weapons and ammunitions. Harmit Lal is stated to be Head Constable. He got recovered 3500 rounds and 500 empty cartridges of .22 mm. Anil Midda of Hindustan Armory, Sirsa, allegedly got recovered 9 weapons, four were numbered and five were unnumbered. The recovery was effected from a river bed on the basis of his statement.
I have carefully considered the evidence collected by the investigating agency and the period of detention suffered by the petitioners. Kamal Kant and Raghunath have been in custody w.e.f. April 13, 2011, whereas Ranjit has been in custody w.e.f. May 28, 2011; Harmeet Lal has been in custody w.e.f. April 28, 2011, Arwinder Singh has been in custody w.e.f. May 1, 2011 and Anil Midda has been in custody w.e.f. April 16, 2011. The recoveries have already been effected. No doubt, the investigating agency has been able to recover large number of weapons which have been tested by Forensic Science Laboratory. The weapons have been described as spurious weapons. One weapons of .32” was found to be genuine. Three weapons could not attract any definite opinion. It is interesting to note that parcel Nos.316, 317 and 318 containing pistols recovered from PW Raman Kumar also found to be spurious. Said Raman Kumar is a prosecution witness. Though the recoveries have been shown to have been effected but it will be debatable during trial whether the petitioners were, in any manner, indulged in sale of spurious weapons. So
Crl. Misc. No. M-19848 of 2011
[5]
far as Ranjit Singh is concerned, all the 13 weapons sold by him were second hand weapons and were transferred after proper affidavits. Proper affidavits and documents were presented before the Registering Authority.
Without expression of any opinion on merits of the case, it is sufficient to observe that challan has been presented. Trial is likely to take a long time. No useful purpose will be served by keeping the petitioners in custody as recoveries have already been effected.
Petitions are allowed. Petitioners are ordered to be released on bail on their furnishing bail bonds/ surety bonds for a sum of ` 1 lac each with one surety of the like amount which should be the local surety to the satisfaction of the Illaqa Magistrate.
November 16, 2011 (M.M.S.BEDI) sanjay JUDGE
3 issues framed by the court
Whether bail should be granted to petitioners accused of manufacturing and selling illegal arms pending trial.
Whether continued custody serves any useful purpose after recoveries have been effected.
Whether bail bond conditions with local surety are appropriate in this case.
Anil Midda
Kamalkant
Ranjit Singh
Harmeet Lal
Arwinder Singh
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
