On Wednesday, the Bombay High Court accepted the statement made by the Mumbai Police that it has decided to withdraw the search warrant issued to actor Kamaal R Khan for not carrying his licensed gun during the Lok Sabha elections. A bench of Justices Revati Mohite-Dere and Shivkumar Dige dismissed Khan’s petition seeking withdrawal of the search warrant.
A lookout circular is a notice issued by the Indian Bureau of Immigration to prevent foreign travel of persons facing persecution. The aim is to prevent interested persons from leaving the country or being detained and issued at the instance of the investigating agency.
The actor approached the Supreme Court through lawyer Sana Raees Khan seeking withdrawal of the circular issued by the Versova police station in Mumbai for not displaying his licensed gun during the Lok Sabha elections.
Khan, at the time, was allegedly in London for medical treatment. Advocate Khan argued that the search warrant was issued in a brutal manner against the actor in the case without the mandatory prior approval of the magistrate. “The lookout circular is flawed because it does not state the reason which is a pre-condition for issuing it. There is a major procedural violation as the 41 Notice was issued three months after the circular was issued,” Advocate Khan posted. .
Additional Public Prosecutor AA Takalkar, appearing for the police, objected to any relief given to the actor as it was submitted that during the elections, all arms license holders were told to surrender their guns to the police. However, Khan was evasive and gave evasive answers to their request, Takalkar said.
Takalkar revealed that Khan said he was abroad during the Lok Sabha elections but his gun was in Uttar Pradesh. “The police team came to his house where they were told that he had been missing for decades and that such a gun was not there. It was after looking at his absconding attitude that a search warrant was issued,” Takalkar said.
After hearing both sides, the bench ordered Khan to surrender his gun to the police on November 14, days before the Maharashtra Assembly elections were to be held.
After being pulled over by the court, Khan, who was in Dubai last month, ordered his relative to hand over the gun to the police.
On Wednesday, Takalkar submitted that the gun was sent by Khan and the police wanted the surveillance circular to be withdrawn as the matter has been resolved.
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