JASWANT SINGH TYAGI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Questioning legality, validity and correctness of the order dated 7-4-2000 passed by the Commissioner, Raipur Division, Raipur in Case No.41/C-147/97-98 by which the Commissioner has affirmed the order of the District Magistrate, Durg, dated 5-8-1997 revoking the license of the petitioner granted under the provisions of the Arms Act, 1959, the petitioner has filed this petition for quashing of both the orders.

(2.) Mr. Uttam Pandey, learned counsel appearing for the petitioner, would submit that before revoking the license, no opportunity of hearing was granted to the petitioner and as such, his license has been revoked without giving opportunity of hearing and no reasoned and speaking order was passed revoking the petitioner's gun license and there were no material to invoke Section 17 (3) (b) of the Arms Act, 1959 and, therefore, the order passed by the learned District Magistrate duly affirmed by the Commissioner is liable to be quashed.

(3.) Mr. Gary Mukhopadhyay, learned Deputy Government Advocate appearing on behalf of the State of Chhattisgarh / respondents, who is assisted by Ms. R. Shangeetha, Collector, Durg, would submit that the petitioner was duly given a show cause notice before cancelling the license, on 6-4-1991, he replied to the same on 18-4-1991 and considering his reply and finding that number of cases have been registered against the petitioner and he is involved in criminal activities and further finding that continuance of license of the petitioner would be in danger under Section 17 (3) (b) of the Arms Act, 1959, and in order to maintain public peace and tranquility, revocation of license is necessary, the petitioner's license has been revoked.