MOHD. SATTAR Vs. COLLECTOR

JUDGEMENT

(1.) PRESENT writ petition has been filed by the Petitioner for the following reliefs:

(2.) BRIEF facts of the case are that the Petitioner is a milkman and is carrying on business of milk. His brother Shahzad contested election of M.P. from Haridwar constituency on the ticket of Bahujan Samaj Party against Shri Harish Rawat. When the brother of the Petitioner was returning after the counting of the votes, one Nawab Singh fired at his brother. Thereafter the brother of the Petitioner lodged first information report against Nawab Singh on 17.05.2009 at 2:15 a.m. under Sections 307 and 504 of I.P.C. Same was registered as case crime No. 235 of 2009. In retaliation the cousin of Nawab Singh also lodged F.I.R. against the Petitioner and other persons same day at 2:45 p.m. under Sections 147, 148, 149, 452, 324, 307 and 504 of I.P.C. Same was registered as case crime No. 236 of 2009. In -charge Inspector Shri Govind Singh Rawat of Thana Kotwali Manglore, Haridwar also lodged F.I.R. against Nawab Singh and other persons on 16.05.2009 in respect of same crime. The Petitioner is having a licence of the revolver No. F6 -20363. After the aforesaid incident the police got deposited the arms of the Petitioner. Thereafter, on 16.07.2009 the Respondent issued a show cause notice to the Petitioner under Section 17 of the Arms Act in case No. 42 of 2009 on 17.08.2009. By this show cause notice/order the arms licence of the Petitioner was suspended and the Petitioner was asked to show cause on 17.08.2009 as to why his arms licence may not be cancelled.

(3.) LEARNED Counsel for the Petitioner submitted that the Petitioner was falsely implicated in case crime No. 236 of 2009 and the F.I.R. was lodged in retaliation of the F.I.R. lodged by his brother against Nawab Singh. learned Counsel for the Petitioner further submitted that only the pendency of the case is not a ground to suspend the licence, as such, show cause notice is not in accordance with law. He argued that show cause notice is totally illegal, improper and bad in law as by this notice the order of suspension of arms licence was issued. He further argued that according to Section 17(3) of the Arms Act, the licence can be cancelled and simple a show cause notice, issued to the Petitioner by means of which the arms licence of the Petitioner was suspended, is not in accordance to the mandate of Section 17(3) of the Arms Act. The arms licence of the Petitioner has been suspended due to pendency of investigation in case crime No. 236 of 2009.