RAVINDER Vs. ADDL COMMISSIONER OF POLICE (LICENSING)

JUDGEMENT

(1.) In this case the petitioner was granted an Arms licence in the year 1998 bearing No.EDAN/7/1998/9 for 7.62 mm (30 mouser) pistol and .315 bore rifle, which was valid for the area of Delhi and the State of U.P. The licence had been renewed from time to time till it was cancelled /revoked by the respondent vide its order dated 5.9.2011. An appeal filed before the Lieutenant Governor of Delhi was also dismissed on 12.9.2012, which has led to the filing of the present writ petition.

(2.) Counsel for the petitioner submits that the order of cancellation / revocation was passed pursuant to a show cause notice dated 21.6.2011. As per the show cause notice, the petitioner had approached the office of respondent on 29.1.2010 for renewal (wrongly mentioned as issuance) of the Arms licence, but the petitioner did not disclose his involvement in a criminal case. Upon checking of records it was found that petitioner was involved in the case FIR no.46/2002 under Sections 448/380/34 IPC at P.S. Ashok Nagar; and also a report was received from the DCP (East District) that the petitioner has a violent behaviour and in view thereof the licence was suspended with immediate effect.

(3.) Counsel for the petitioner submits that the impugned order was passed without any application of mind as a false FIR was registered at the instance of the tenant of the petitioner, on account of a landlord tenant dispute, and it was not as if the petitioner had trespassed into the property of a third person. Counsel also submits that the landlord tenant dispute was resolved and in fact the petitioner has sold the tenanted portion to the tenant. It is also submitted that this aspect of the matter was not considered by the respondent and the mere fact that this fact was not disclosed was the reason of suspension of the Arms licence, and thereafter revocation.