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Judgment
An unserviceable firearm was recovered from the petitioner.
He had no licence. Convicted for the offence punishable under Section 3 / 25 of the Arms Act, 1959 the petitioner has been sentenced to undergo S.I. for a period of 1 year.
Notwithstanding PW-2 and PW-4, independent witnesses to the recovery turning hostile, the testimony of PW-3 and PW-6 establishes the recovery and if I look at the testimony of the Malkhana In-charge (PW-1), it proves that after it was seized the firearm was deposited in the Malkhana on the same day. The firearm was unserviceable.
The date of the recovery is 27.01.1992.
The petitioner was an ex-serviceman and probably came in the possession of an unserviceable firearm. Learned counsel for the petitioner draws attention of this Court to the proviso to sub-section (1-B) of Section 25 of the Arms Act, 1959, as per which for reasons to be recorded the Court may impose a sentence of imprisonment for a term of less than 1 year. In the decision reported as 2017(2) SCC 198, Mohd. Hashim vs. State of U.P. & Ors . the Supreme Court held that the benefit of probation can be extended to an accused who commits a crime for which a minimum sentence is prescribed but discretion is left with the Court to award a lesser sentence, which in the exercise of the discretion could be Nil.
Of course, adequate reasons being to be recorded.
The petitioner served the country as a member of a para-military force and in the judicial file he filed certificates of commendation. He has no history of indulging in any form of
crime. The firearm was unserviceable. It could not be used without being repaired. 27 years have elapsed. The petitioner has suffered a jail sentence of 10 days.
In view of the decision of the Supreme Court noted hereinabove I grant benefit of probation to the petitioner and therefore suspend the sentence requiring the petitioner to furnish a bond in sum of Rs. 25,000/- to the satisfaction of the learned trial Court to maintain peace and harmony and not indulge in any criminal activity for a period of 1 year.