LAWS(UTN)-2015-1-44

BHANU SINGH Vs. STATE OF UTTARAKHAND AND ORS.

Decided On January 20, 2015
BHANU SINGH Appellant
V/S
State of Uttarakhand And Ors. Respondents

JUDGEMENT

(1.) PRESENT petition is filed assailing the judgment and order dated 31.01.2000, passed by the District Magistrate Haridwar as well as judgment and order dated 29.06.2002, passed by the Commissioner Garhwal Division whereby arm licence of the petitioner was revoked/cancelled and statutory appeal filed by the petitioner was also dismissed. The brief facts of the present case, inter alia, are that petitioner was granted arm licence No. 342 of 1973 for double barrel gun; a show cause notice was issued to the petitioner on 08.05.1997 under Section 17 of the Arms Act, 1959 to show cause as to why arm licence of the petitioner may not be cancelled/revoked. Ground to revoke the arm licence was shown that petitioner was quarrelsome person having relation with unlawful elements and Case Crime No. 224 of 1995, under Sections 147, 341, 336, 511 I.P.C. read with Section 7 of the Criminal Law Amendment Act was registered against the petitioner with Police Station Jwalapur, District Haridwar.

(2.) PETITIONER appeared and filed his reply to the show cause notice. Thereafter, learned District Magistrate was pleased to cancel the licence on the ground that Police has reported to the District Magistrate that 2 petitioner is quarrelsome person and Criminal Case, being Case Crime No. 224 of 1995 was registered against the petitioner.

(3.) THIS Court in the case of Sukhdev Singh Vs. State of Uttarakhand and others reported in, 2014 (2) U.D., 207 in paragraph Nos. 4, 5, 6, 7, 9 and 11 has held as under: -