BRAHAM PARKASH Vs. STATE

JUDGEMENT

(1.) . The challenge in this writ petition is to the legality of the order dated 26th February 1993 passed by the Deputy Commissioner of Police-Licensing (hereinafter referred as 'the Licensing Authority') undersection 17(3)0, the Arms Act, 1959 directing the cancellation of the amis licence to the petitioner.

(2.) . The petitioner was issued an all India Anns Licence by S.D.M., Hansi(Haryana) sometime in the year 1989. The petitioner applied on 22nd December, 1989 for the registration of the said licence with the Licensing Authority,Delhi, claiming that he has shifted his residence from Hansi to Delhi. The licence was registered in Delhi and by letter dated 4th January, 1990 post verification reports were called from Superintendent Police and District Magistrate, Hissar and also from the Deputy Commissioner of Police, South District, Delhi. The Superintendent of Police, Hissar, reported on 13th February 1990 that the petitioner was not living at Hissar. No reply seems to have been. received from District Magistrate, Hissar inspite of issue of various reminders. The Deputy Commissioner of Police, South District, Delhi, by communication dated 1st February 1990 addressed to the Licensing Authority reported that nothing adverse had come to the notice against the petitioner in the record of the concerned Police Station and that he was residing at the given address at Tughlakabad for the last 25 years. The Deputy Commissioner of Police, South District, however, by a communication dated 30th January 1992 addressed to the Licensing authority stated that on checking of records in Police Station it was found that the petitioner was involved in six cases as follows:-

(3.) . 0n receipt of this communication a note was put up on 31st January/lst February 1992 to the licensing authority seeking orders for suspension and cancellation of the arms licence. The order cum show cause notice dated 6th March,1992 was issued to the petitioner which reads as under:-