'Huge Cache Of Arms & Ammunition Found In His Residence': Allahabad HC Denies Bail To UP MLA Abbas Ansari In Arms Licence Case

In its order, a bench of Justice Subhash Vidyarthi stated that huge quantities of arms and ammunition had been recovered from Ansari’s premises in New Delhi.

The bench also cited a potential risk of witness influence and evidence tampering taking into account Ansari's significant influence on jail authorities, evidenced by his wife's unauthorized and unchecked visits carrying a mobile phone inside the jail.

The case in brief

Essentially, an FIR was filed against him in October 2019, accusing him of acquiring multiple firearms on the mentioned license. Allegedly, claiming to be a prominent shooter, he got transferred the license from Lucknow to Delhi, however, no information was provided to the relevant police station about this transfer, and he continued using licenses issued in two different states under two distinct IDs.

The FIR alleged that he initially obtained a gun license from Lucknow, however, after the said license became invalidated in October 2015, on the strength of the same, got a license issued in New Delhi in June 2017 and he purchased as many as 7 firearms.

It was also alleged that he imported a pistol, a rifle and barrels in violation of the import permit issued by NRAI and he imported two barrels of prohibited bores and a pistol with 3 spare barrels without an NRAI permit and the pistol and two of the barrels were not permissible for a shooter.

Thereafter, he got endorsed a revolver which was not permissible for a shooter and he had 4431 cartridges in his possession, many of which were metal jacketed and were not permitted to be used by a shooter. Consequently, he was booked under Sections 420, 467, 468, 471 I.P.C. and Section 30 of the Arms Act.

Seeking bail in this case, it was his contention before the HC that being a renowned shooter, he was entitled to hold 10 firearms and the applicant was having merely 7 firearms, which was permissible in law.

It was further contended that the offence, if any, has been committed by the applicant at New Delhi, and, therefore, UP Police had no authority to lodge a First Information Report in police Station Mahanagar, as no offence has been committed by the applicant within the territorial limits of the aforesaid Police Station or even in the territory of the State of Uttar Pradesh.

Court’s observations

At the outset, taking into account the allegations against Ansari, the Court observed that the alleged unlawful behaviour was entirely unacceptable, especially from someone who identifies as a renowned shooter and someone, who is a Member of the Legislative Assembly of UP.

The Court also noted that Ansari has a criminal history of 8 cases, and in one of such cases, it had been alleged that while he was lodged in jail in connection with another case, he wielded such great influence on the authorities that his wife used to frequently visit the jail without seeking any requisite permission from any of the authorities and without any checking.

Consequently, having considered the nature of allegations against the applicant and the material relied upon by the prosecution, the status of the applicant as an expert shooter and a Member of the Legislative Assembly, the possibility of the applicant being able to tamper with the evidence, the Court refused to grant him bail.

Case title - Abbas Ansari vs. State Of U.P. Thru. Prin. Secy. Home Lko 2023 LiveLaw (AB) 447 [CRIMINAL MISC. BAIL APPLICATION No. - 3121 of 2023]

Case Citation: 2023 LiveLaw (AB) 447

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