Mr.Kailash Bhurasingh Takrana v. The State of Maharashtra

Heard rival submissions for sometime on this application for regular bail preferred by the sole accused, who has been arrested on 12.11.2009 from Chembur area on Eastern Express Highway.

Raid was conducted by the police squad consisting of 8-10 officers and staff of Anti Terrorist Squad (ATS). Earlier information was received by the ATS regarding a particular person, having certain description, coming to the Chembur area on Eastern Express Highway along with huge quantity of 2 apln2396-10 arms and ammunitions for the purpose of sell. After receipt of such secret information, police officers gathered and a watch was kept at the particular spot. During such watch, present applicant was traced-out walking on the road and waiting as if to meet somebody. He was holding some bag. He was accosted and the search was conducted. Various arms and ammunitions were found during such search. It can be said that one carbine, 10 pistols, 56 live cartridges of 7.65 mm and 12 live cartridges of 9 mm were found. All the said arms and ammunitions were taken charge of. A detailed panchanama was drawn. Thereafter subsequently an order was passed in February, 2010 by the Deputy Commissioner of Police, Headquarters, Brihan Mumbai for sanction for prosecution of the present applicant accused under Section 39 of the Arms Act, 1959 vide certain Government Resolutions detailed in the said sanction order. Admittedly, the offences charged against the present applicant are punishable under Sections 3 & 25(1)(B)(a) of the Arms Act,

1959. In this view of the matter, the offence was registered by ATS, Mumbai under C.R. No.12 of 2009. 3 apln2396-10

During the arguments, learned Advocate for the applicant vehemently submitted that the present applicant is an innocent person and doing daily wages labour work in Mumbai and virtually living end to mouth and staying apparently on the streets. He is hailing from his Madhya Pradesh native place. It is submitted that his house at Madhya Pradesh was also searched by Mumbai police, however, nothing incriminating was found. It is further submitted that there is no investigation in the present case as to for whom he had brought the ammunitions and from where he could procure such ammunitions having technically advanced mechanism and that apparently such alleged seizure is not of any country-made arms or ammunitions. On this aspect, learned APP for the State submitted, on instructions from the officer from ATS, that the interrogation of the present applicant/accused could not reveal any further information and as such it was only possible to charge the present applicant for the offences under the Arms Act and as charged in the present matter. It is also argued on behalf of the State that the trial of the present case is already started before the 4 apln2396-10 concerned learned Additional Chief Metropolitan Magistrate Court at Mumbai and three witnesses are already examined. It is also submitted that the present applicant had no any permanent abode in Mumbai and as such he also do not have any noticeable avocation and as such if released on bail during the pendency of the trial which is of a crucial nature, there is every likelihood that he will flee away from the Court of law and would not be available for trial thus rendering the entire efforts of ATS infructuous. This aspect is emphasized by learned APP for the State as the present applicant being the sole accused who could be traced in the present matter and the entire matter would be frustrated if the present applicant jumps the bail and which is every likelihood in the present matter considering the factual position as narrated above.

This Court has carefully gone through the list of arms and ammunitions found and which is detailed in the order dated 5.2.2010 by which sanction for prosecution under the Arms Act has been granted. Said list indicate that the said arms are infact pistols and even one carbine and live 5 apln2396-10 cartridges. It is true that in the present matter apart from the present applicant, there is no other accused who could be traced by the investigating agency. Apparently there is no plausible answer given by the officer of ATS when he is asked during the course of the argument, whether it was not possible for the raiding police party to have a clandestine watch on the said applicant and to follow him so as to ascertain whether any prospective purchasers of the arms and ammunitions would meet him or whether he would go to

some place to deliver such arms. Whatever might be the situation, still the factual position, as prima facie appearing from the investigation papers, cannot be ignored as to finding of huge quantity of arms and ammunitions when the present applicant was accosted in Chembur area on the relevant day and time and when he is not admittedly permanent resident of Mumbai and having his roots in Madhya Pradesh.

Considering these circumstances and still considering the arguments advanced on behalf of the applicant/accused, it would not be in the fitness of the situation to release the 6 apln2396-10 present applicant on bail when the trial is already started and is part heard. In the result, present application is disposed of with following order :- ::