ORDER
Pradip Mohanty, J.
1. Heard Mr. Sahoo learned Counsel for the petitioner, and Mr. Behera, learned Addl. Government Advocate.
2. This revision is directed against the order dated 15.07.2006 of the learned S.D.J.M., Bhubaneswar passed in G.R. No. 2538 of 2004 rejecting the petition of the petitioner under Section 457, Cr.P.C. and refusing to release his pistol bearing No. 105637.
3. Counsel for the petitioner submits that the petitioner is the licensee of the aforesaid pistol. He had purchased the same for his own safety. Production of pistol is the condition precedent for renewal of licence. Due to seizure of the pistol, he is unable to renew the licence and there is also danger to his life. Further, the pistol in question is a costly one and requires maintenance at a particular interval of time and if it is allowed to be kept in Malkhana for a pretty long time, it will be damaged.
4. Mr. Behera, learned Addl. Government Advocate, on the other hand, submits that the petitioner is an accused in the aforesaid G.R. case registered under Section 307, IPC read with Section 25 of Arms Act. Since the pistol in question has been seized in connection with the said case, it is necessary for the purpose of identification and marking as M.O. at the time of trial. In case the same is released, there is chance of tampering with it and in such event there will be difficulty in its identification for which the trial may be vitiated. Therefore, the pistol may not be released.
5. Considering the submissions made by the parties, this Court directs the S.D.J.M. to release the pistol in question in favour of the petitioner on the following conditions:
(i) The petitioner shall furnish cash certificate of Rs. 50,000/-(fifty thousand);
(ii) he shall produce three coloured photographs of the pistol in question;
(iii) he shall furnish an undertaking that he shall keep the same in good condition; shall produce the same before the I.O. twice a month for verification and shall also produce it as and when necessary by the trial Court; shall not erase/change the number and character of the pistol; and shall not dispose it of in any manner or hand it over to anybody; and
(iv) if the petitioner, during pendency of the case, commits any criminal act, police shall re-seize the pistol in question immediately.
The Revision is accordingly disposed of.
Urgent certified copy of the order be granted as per rules.