Telangana High Court Grants Interim Custody of Revolver for Self Security To Person Charged With Criminal Intimidation

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Excerpt

In Samala Sheela Sagar vs The State Of Telangana on 8 February 2021, Telangana High Court granted the interim custody of the revolver for self-security to the Accused of Criminal Intimidation in the condition that the Petitioner was supposed to give the undertaking to produce the revolver as and when required either before the Investigating Agency or the Court.

Brief Facts of the Case 

The facts of the case are that the Petitioner is the owner of the property, that is, revolver, having a valid license and the said property was seized by Kamareddy Police Station, which was registered for the offence punishable under Section 506 IPC and Section 30 of the Arms Act. During the pendency of the investigation, the Petitioner claimed to be the owner of the said property, filed before the Judicial Magistrate of First Class, Kamareddy, seeking interim custody of the revolver. By an order dated 16.06.2020, the application was rejected by the learned Judge. Challenging the same the Petitioner filed the present revision. 

Submission of the Petitioner

The learned counsel for the Petitioner submitted that the Petitioner needed the revolver for his security and it needed periodical service. He further submitted that since 29.02.2020 the Court kept the revolver in custody, there was every probability of the revolver getting rusted and damaged. Then the learned counsel sought the interim custody of the revolver.

Submission of the Respondent 

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The learned Additional Public Prosecutor for the Respondent opposed the revision. But the learned Additional Public Prosecutor did not dispute the ownership of the revolver.

Directions of the Court

As there was no dispute with the ownership of the revolver, the Court granted interim custody of the property i.e., Revolver in favour of the Petitioner on certain conditions. The Petitioner was supposed to execute a personal bond for Rs.1,00,000/- (Rupees one lakh only) and deposit the original Registration Certificate of the revolver in the Court. However, the Court issued a certified copy of the registration certificate to the Petitioner so that no inconvenience was caused to him for renewal of the revolver. The Petitioner was also directed to give the undertaking to produce the revolver as and when required either before the Investigating Agency or the Court.

For the original Order of the Court – “Click here“.


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