N. MADHAVAN vs STATE OF KERALA

The Supreme Court held that the confiscation of the licensed gun (M.O. 1) belonging to the accused was arbitrary and unjust, violating the principles of Section 517 of the Code of Criminal Procedure, 1898. The Court found no evidence that the gun was used in the commission of any offence, as the accused was acquitted on the grounds of self-defense under Section 96 IPC. The Court emphasized that the discretion to dispose of property must be exercised judicially and not arbitrarily, leading to the restoration of the gun to the accused.