BINOD KUMAR CHAUHAN Vs. DISTRICT MAGISTRATE DEHRADUN

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 9th July, 2014, passed by the District Magistrate Dehradun cancelling the arm licence of the petitioner and judgment and order dated 19.12.2014, passed by the Commissioner Garhwal whereby appeal filed by the petitioner under Section 18 of the Arms Act, 1959 was dismissed.

(2.) BRIEF facts of the present case, inter alia, are that arm licence No. 820/Rishikesh/2005/ Dehradun was issued in favour of the petitioner for SBBL gun No. VS 20578; an F.I.R. was got registered against the petitioner under Section 420 I.P.C. read with Section 6 of the Indian Medical Council Degree Act, 1916, being Case Crime No. 324 of 2009, with Police Station Rishikesh, District Dehradun saying that petitioner does not have valid medical degree; thereafter another F.I.R. was got registered against the petitioner, being Case Crime No. 189 of 2011, with Police Station Nehru Colony, Dehradun, under Sections 354 and 504 I.P.C.; both the Criminal Cases are pending disposal before the competent Court; a show cause notice was issued against the petitioner by the District Magistrate saying police has reported to the District Magistrate that petitioner is found indulging in criminal activities and is threat to the public peace, therefore, as to why his arm licence may not be cancelled; having perused the replies submitted by the petitioner to the show cause notice, learned District Magistrate was pleased to pass impugned order dated 9th July, 2014 cancelling the arm licence of the petitioner on the ground that since two criminal cases, as narrated hereinbefore, are pending disposal against the petitioner, therefore, his arm licence must be cancelled; feeling aggrieved petitioner has preferred statutory appeal under Section 18 of the Arms Act before the Commissioner Garhwal which too came to be dismissed vide impugned judgment dated 19.12.2014. Feeling aggrieved, petitioner has preferred present writ petition.

(3.) THIS Court in the case of Sukhdev Singh Vs. State of Uttarakhand and others, 2014 2 UD 207, in paragraph Nos. 4, 5, 6, 7, 8 and 9 has held as under: -