'Involves Larger Public Interest': Gujarat High Court Denies Anticipatory Bail To Weapons Clerk Accused Of Issuing Bogus Arms Licenses

The Gujarat High Court denied anticipatory bail to a weapons clerk working in Uttar Pradesh government department in Etah, accused of forging arms licenses along with co-accused by allegedly misusing Government of India's NDAL-ALIS portal and receiving over Rs.98 Lakh as cash in such illegal transaction. NDAL-ALIS stands for National Database of Arms Licenses-Arms License Issuance System which is developed by the Ministry of Home Affairs to facilitate entrepreneurs and industries applying for licenses related to manufacture of arms and ammunition. The court was hearing the clerk's anticipatory bail plea in a case pertaining to alleged bogus arms licences issued during 2019 to 2022. The prosecution had alleged that such forged arms licences were used on a large scale for possessing arms, revolvers, pistols and live cartridges.Justice Hasmukh D Suthar in his order noted that during the course of investigation, it was revealed that these arms licences were forged and were generated from an office at Etah, Uttar Pradesh. "It further appears that, in collusion and connivance with one co-accused advocate and with the assistance of co-accused Pawan Kumar Ganga Prasad Lodi (computer operator), Rajkumar Babulal (clerk) and the present applicant Upendra Jaypalsinh (weapon clerk), the accused persons, for their pecuniary gain, misused the Government of India portal NDAL-ALIS by using unique identification numbers (UINs). The investigation further reveals that details of previously issued genuine arms licences, including names, validity and territorial particulars, were deleted from the system and, by editing the data on the official website, forged arms licences came to be issued in place of the original licences.It further transpires from the investigation, the Court said, that for issuance of such forged licences, an amount of Rs.98,32,500/- was received in cash as well as through banking transactions from 12 persons arrested from Ahmedabad. "Not only that, on the strength of such forged arms licences, the accused persons managed to procure arms from J.P. Gun House situated in Uttar Pradesh and facilitated the purchasers in obtaining arms on the basis of 12 bogus licences. The arms and cartridges have also been recovered during the course of investigation."The court noted that the present applicant was serving as a weapon clerk from 16.01.2021 to 09.03.2021 and again from 18.09.2021 to 19.11.2021 in the concerned department. It said that the material collected during the investigation prima facie indicates that the applicant had "edited licence data using the UIN numbers and thereafter such licences came to be transferred to Gujarat". "Thus, prima facie involvement of the present applicant is reflected from the investigation papers. One additional important aspect is that, though the present applicant is a government servant, despite notices being issued through the Collector, Etah, calling upon him to join the investigation, he neither remained present nor cooperated with the investigating agency. Such conduct prima facie indicates an attempt on the part of the applicant to thwart the investigation proceedings," the court said. The court said that the alleged offence were in the nature of white collar and socioeconomic offence, and were offences involving societal interest and public welfare wherein a delicate balance is required to be maintained between two rights–one against the personal liberty and second is societal interest. Noting that when investigation is at a progressive stage grant of anticipatory bail may hamper the same, the court said:"In view of the above decision and in view of the facts and circumstances of this case, custodial interrogation of not only the applicant, but all other suspect/s is therefore imperative to unearth the truth. Hence, this is a not a fit case to exercise the jurisdiction in favour of the applicant". The FIR was lodged under Sections 336(2)(forgery), 337(Forgery of record of Court or of public register), 338(Forgery of valuable security, will, etc.), 341(Making or possessing counterfeit seal, etc., with intent to commit forgery), 54(Abettor present when offence is committed) and 61 (criminal conspiracy) BNS and Section 25(1-b)(A) of the Arms Act.Though Notice under Section 35 (When policemay arrest without warrant) BNSS was issued but the applicant did not join the investigation. Thereafter chargesheet has been filed by the investigating agency and the applicant was cited as accused.The applicant submitted that he is a government servant and has neither directly nor indirectly played any role in the commission of the alleged offence. It was further submitted that whatever act is alleged to have been committed was done by the computer operator. The complaint has been filed belatedly after a period of three years and no explanation for such delay has been given. It is also submitted that the applicant has no past antecedents. According to the...

'Involves Larger Public Interest': Gujarat High Court Denies Anticipatory Bail To Weapons Clerk Accused Of Issuing Bogus Arms Licenses

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'Involves Larger Public Interest': Gujarat High Court Denies Anticipatory Bail To Weapons Clerk Accused Of Issuing Bogus Arms Licenses

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