The court said that Ansari had failed to inform the licensing authority when he shifted his residence from Kanpur, as required under the Act. AN ORCHESTRA player convicted of possession of illegal arms managed to evade a prison term after a metropolitan magistrate’s court let him off on payment of a fine, observing that he had lost his livelihood due to the Covid-19 pandemic. Deciding on a plea from 15 years ago filed against the 58-year-old man, the court said: “I have gone through the record. The accused is attending the court diligently. He is not doing any job at this juncture. Due to the pandemic situation of Covid-19, such orchestra players have lost their opportunity of earning. So, considering all the circumstances, sending the accused behind bars will not serve the purpose,” the court said. The man was convicted under relevant sections of the Arms Act and directed to pay a fine of Rs 2,000.
In 2007, the Mumbai police crime branch had received information that a person named Sohel Ansari was on his way to Vile Parle and was in possession of an illegal firearm. The police conducted a search on Ansari and claimed to have found a black-coloured country-made revolver and six live cartridges in a handbag he was carrying. Ansari told the police that he had a licence for the firearm issued in Kanpur, adding it was valid across the country. Police investigation showed that the accused had not intimated the relevant authorities regarding the change of his residence to Mumbai, thereby violating provisions of the Arms Act.
The court said that Ansari had failed to inform the licensing authority when he shifted his residence from Kanpur, as required under the Act. No proof was given by the accused of any such intimation, the court added. After he was held guilty, Ansari, while seeking leniency on punishment submitted through his lawyer, said that he was the only earning member of his family who made a living by playing in an orchestra. The court considered his plea and said that no purpose will be served if he was sent behind bars.
It directed Ansari to pay a fine of Rs 2,000 in default of which he would have to serve simple imprisonment for a month.
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