State of Karnataka v. Major Naresh Vij, (SC)
BS193806
SUPREME COURT OF INDIA
Before:-Dr. A.S. Anand, CJI, R.C. Lahoti and Brijesh Kumar, JJ.
LA. No. 3 in Civil Appeal No. 410 of 1998. D/d.
20.11.2000.
State of Karnataka & Anr. - Appellants
Versus
Major Naresh Vij - Respondent
Auction/Sale of Fire Arms : Sale Proceeds to be Deposited in Nationalised Bank: Court to Pass Appropriate Order -
ORDER
At the request of learned Counsel for the parties Civil Appeal No. 410 of 1998 itself is taken up for hearing and disposal.
2. The respondent has filed an application being I.A. No. 3 for directions. Paragraphs 7 and 8 of appellants' reply thereto read as follows :
"7. During the investigation, 162 fire arms have been seized by High Grounds Police Station Cr. No. 182/ 90 and the same have been subjected to FSL experts opinion. The ballistics expert after examining the arms has given his opinion in report No. FAS No. 27/92 dated 10.4.1996. Accordingly the same arms or weapons have been classified as follows:
'Weapons bearing No. AA85/90, AA96/90, AA100/90, AA102/90, AA165/90, AA106/90 and AA 109/90 are prohibited bore firearms' (Seven weapons)
Hence petitioner is not entitled to claim these weapons. Likewise the ballistics expert has also opined that, the ammunition in packet Nos. 181/ 90,193/90, 195/90, 187/90, 202/90, 203/90,208/90,251 /90,252/90,253 / 90, .303 cartridges in packet No. 229/ 90, .450 calibre cartridges in packet No. 236/90, .450, .303 and .380 and 9 mm calibre cartridges in packet No. 255/90, .303 cartridges in packet No. 261/90,9 mm cartridges in No. 265/ 90 and .450 and .455 calibre in packet No. 251 and 253/90 are prohibited bore ammunitions" (seventeen). The claimant is not entitled since they are prohibited ammunition.
Further, the ballistics expert in his report has opined that the weapon bearing No. AA51/1 to AA51/51 (total 51) that there are 51 muzzle loading guns not in working condition and they are country made. Hence the respondent is not entitled to claim these weapons.
8. The petitioner is ready to undertake the auction/sale of the 104 fire arms and to deposit the sale proceeds in a nationalised Bank. Out of 162 weapons seized, 58 fire arms have to be forfeited to the Government and remaining 104 fire arms may be auctioned subject to reimbursement of auction expenses as may be incurred by the State. The question of paying the proceeds to the legal heir (s) may be made subject to establishing that the weapons in question were legally procured by late Major Arjun Vij and as also to the further conditions that the legal heir(s) entitled to such proceeds may establish their claim before an appropriate Court. Keeping in mind the above factors, this Hon'ble Court may pass suitable order for auction of 104 fire arms."
3. Learned Counsel for the respondent submits that the conditions contained in the above quoted paragraphs 7 and 8 are acceptable as far as the respondent is concerned and the appeal may be disposed of by directing the appellant to abide by the abovesaid statement contained in paragraphs 7 and 8 (supra). We make an order accordingly. The appeal is disposed of in the above terms. No costs.
Appeal disposed of.