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Updesh @ Chhunna v. State Of U.P. & Another - CRIMINAL MISC. WRIT PETITION No. - 11429 of 2007 [2007] RD-AH 17377 (2 November 2007)

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(COURT NO. 46)


Updesh @ Chhunna Vs. State of UP and another


Hon. Amar Saran, J.

Hon'ble Shiv Shanker, J.

We have heard learned AGA, Sri A.K. Sand.

A counter affidavit has been filed today which is taken on record.

We had entertained and thereafter dismissed the writ petition by one Updesh @ Chhunna for quashing an FIR dated 23.6.2007 in case crime no. 94 of 2007, under sections 5/25 Arms Act, PS Airwa Katra, District Auraiya. The petitioner was said to be in possession of an arms factory for manufacturing illegal country-made pistols. As the FIR disclosed a cognizable offence, we had dismissed the petition so far as the petitioner was concerned on 21.8.2007.

We had observed in the said order of 21.8.2007 that the menace of manufacturing and distribution of illegal firearms, ammunitions and bombs was reaching an alarming proportions, which were being used for committing grave crimes causing grave threats to public order, abductions, extortions, robberies, docoities and other crimes of intimidation and violence and that such illegal articles were being used by mafias for extracting government contracts and grabbing prime properties and for terrorising voters during election. We had, therefore, directed the DGP, UP:

(1) to submit the details about the factories or other units manufacturing illicit arms and ammunition, which have been unearthed in different places in the State of UP in the last three years.

(2)The number of accused persons with details who have been found in possession of illegal fire arms in the past one year and the progress of investigations and trials of the cases against accused involved in the manufacture, sale and distribution of of illegal arms and persons who have been found in possession of illegal arms in the aforesaid periods.

(3) What mechanism already exists or is being devised for stringent compliance of this order for identification, reduction and elimination of manufacture, sale, distribution and possession of such illegal weapons and ammunition and for expeditious investigation and punishment of cases against arms offenders.

A counter affidavit has been filed on behalf of the State of UP, sworn by Dr. Anil Misra, Dy. SP (Legal Cell), DGP Headquarters, U.P. Lucknow, which mentions that a circular letter dated 6.9.2007 has been issued to all the Zonal IGs, Regional DIGs, SSPs and SPs to launch special drives for the seizure of illegal arms and factories and to submit their reports in the format annexed in the circular letter. The DGP has issued another task order being circular letter dated 17.9.2007 to all the Zonal IGs and Regional DIGs, directing them to launch a drive and to collect data relating to the places and persons where illegal arms are manufactured or factories are running. They were further directed to collect data from the concerned accused persons about the places from where they have obtained the illegal firearms and explosive materials and to apprehend the accused persons who are involved in such illegal activities and, if necessary, even to book these persons under the Gangsters Act and by opening history-sheets against them. Another letter dated 28.9.2007 was issued by the DGP to all the aforesaid authorities where they have been directed to take action under section 5 of the Explosive Substance Act and the Rules thereunder against the licencees where they have been found having committed breaches of conditions of licences under the Explosives Substance Act. It was further directed that once a month the stock registers of the licencees be checked to see as to whom they were selling the explosives.

About the direction no. 1 issued by the court in its previous order dated 21.8.2007 it has been mentioned in the affidavit that in the last 3 years 915 cases were registered involving 3055 accused persons illegal running armed factories and after completing investigations, charge-sheets have been submitted before the concerned courts. The data of Gorakhpur region has not been made available as yet in annexure - CA 4, which is the relevant annexure containing the chart.

So far as the second direction of the High Court, it has been pointed out that in the last one year special drive was launched throughout the territory of Uttar Pradesh and 15241 cases were registered under the Arms Act against the accused persons and in all these cases charge-sheets have been submitted, except in the case of Gorakhpur where the data is still not available.

It has further been mentioned in paragraph 10 of the affidavit that the DGP has taken personal interest in the matter and is monitoring the matter personally so that the factories and other units manufacturing illicit arms and ammunition in the State of UP may be unearthed. Apart from this, he has directed the Zonal IGs and Regional DIGs to verify the correctness and genuineness of licences purportedly issued by the State of J&K, Sri Ganga Nagar (Rajasthan), Taran Taran (Punjab) and north-eastern states of the country as a number of complaints have been received with regard to correctness and genuineness of the aforesaid licences.

This again shows that the DGP has even taken further positive steps beyond the directions issued by our order and this court records its appreciation for the zeal shown by the DGP in the matter.

However, we do not know about the progress of the trials of the cases where charge-sheets have been submitted in various courts, as has been mentioned in annexures - CA 4 and 5 to the affidavit. We, therefore, think that it would be appropriate to direct the subordinate courts where the matters are pending regarding arms factories and other offences under the Arms Act and Explosive Substances Act to decide these cases very expeditiously and to submit a compliance report to this court on the next date of listing. We direct the Registry of this Court to take necessary steps for issuing such directions.

On the next date of listing, the State Government may furnish details of any further cases under the Arms Act as were mentioned under direction nos. 1, 2 and 3 of the order dated 21.8.2007 that may be unearthed. The DGP would furnish a further report about the correctness and genuineness of the arms licences issued from the different states, as has been mentioned in paragraph 10 of the affidavit mentioned hereinabove.

List this case on 8.2.2008.

Record of this case may be placed before Hon'ble the Chief Justice/Senior Judge for the decision as to whether his lordship would like this bench to monitor this matter on the next and subsequent dates or the same should be assigned to another bench.

A copy of this order may be given to the learned AGA free of cost within 3 days.

Dated: 2.11.2007



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