Rajasthan High Court Orders Release Of Ex-Serviceman's Licensed Rifle, Says Continued Seizure May Affect Livelihood

The Rajasthan High Court has directed the release of a licensed 12-bore rifle to the Ex-servicemen-petitioner, opining that since the petitioner was now a security guard, the rifle constituted an important tool connected with his source of livelihood. [2026 LiveLaw (Raj) 262]Depriving him of its custody would adversely impact his ability to effectively discharge his professional responsibilities, it added. The petitioner was retired ex-army personnel bearing the licensed rifle. Pursuant to an FIR lodged against him, alleging extortion, the rifle was confiscate by the police. Pending the trial, the petitioner had filed an application seeking release of the rifle so that he could renew his license. This application was rejected by the sessions court on the ground that the said rifle was allegedly used in the concerned offence. Against this order, a revision petition was filed before the Court.The request was opposed by the State on the ground that since the rifle might have been used in the alleged offence, it shall be required during evidence. After hearing the contention, the bench of Justice Sanjeet Purohit took note of the fact that in the concerned matter, the investigation was already complete and the charge sheet was also filed. Hence, there was no need to retain the rifle. Further, the Court opined that the apprehension of the rifle being used in the alleged offence was merely speculative in nature and was not supported by any material on record. “Merely lodging of one FIR cannot by itself constitute a valid ground to presume that petitioner will indulge in any criminal activity involving the use of rifle in question, more particularly, when no other criminal antecedent has been reported against the revisionist.”The Court further held that since the trial would take considerable time, there was a possibility of the rifle suffering deterioration. It was held that valuable property shall not ordinarily be permitted to remain in police custody for an indefinite period, especially when proper documentation and identification particulars of the article could be safeguarded as evidence. The Court also considered the requirement of license renewal put forth by the petitioner and held that denial of rifle's release would adversely affect petitioner's opportunity to seek this renewal that required the firearm to be produced. Hence, failure to renew would compel him to undergo the entire process afresh, leading to undue hardship.“This Court also cannot lose sight of the fact that revisionist is a retired Ex-serviceman who, after rendering service to nation, is presently engaged as a security guard at bank / at solar power plant project. Therefore, for revisionist, rifle in question is not a mere cherished possession or decorative article, rather it constitutes an important tool connected with his vocation and source of livelihood.”Accordingly, the revision petition was allowed, and the Court directed release of the rifle. Title: Jaipal Singh v State of Rajasthan Citation: 2026 LiveLaw (Raj) 262Click Here To Read/Download Order

Rajasthan High Court Orders Release Of Ex-Serviceman's Licensed Rifle, Says Continued Seizure May Affect Livelihood

Nupur Agrawal

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Rajasthan High Court Orders Release Of Ex-Serviceman's Licensed Rifle, Says Continued Seizure May Affect Livelihood

Nupur Agrawal

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