' Farooq Ahmad son of Muhammad Ramzan, petitioner, has sought his post-arrest bail in a case F.I.R. No,304 of 2001, dated 7-7-2001 under section 7 of the Surrender of Illicit Arms Act, 1991, registered at Police Station Jampur.
2. According to the allegation leveled in the F.I.R. The petitioner was apprehended during the raid conducted by the complainant Syed Zahid Hussain, S.H.O. As he had received secret information.
On personal search of the petitioner, allegedly .32 bore revolver was recovered from him and as the petitioner could not produce any licence, therefore, the above referred case was registered against him. The investigation against the petitioner has been completed and he is in judicial lock-up.
3. I have heard the learned counsel for the parties and gone through the record. Admittedly, no sealed parcel of the alleged recovered weapon was made at the spot. It has also been conceded that the recovered weapon has not been sent to any Arms Expert to ascertain whether indeed it was the firearm weapon or not. The offence is punishable with imprisonment for 14 years. In these circumstances, such laxity on the part of the police cannot be tolerated. I have further noticed that although the recovery has been effected from the public place yet none from the public was associated in the recovery proceedings nor any explanation has been given as to why the provisions of section 103, Cr.P.C. Were violated. I am fortified in my view by placing reliance on a case of Ahmad Jan alias Shinoo v. The State 1999 PCr.LJ 506.
4. The crux of the above discussion is that the allegation against the petitioner needs further probe and inquiry within the purview of subsection (2) of section 497, Cr.P.C. I, therefore, admit the petitioner to bail, subject to his tendering bail bonds in the sum of Rs,one lac with one surety in the like amount to the satisfaction of the trial Court/Duty Judge. Disposed of.