M. KAILASAM Vs. THE ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE short facts of the case are as follows: -

(2.) WHILE the above matter came up for final hearing, then the petitioner has filed a Supplementary better affidavit and stated that the respondents in their counter statement stated that there are no charges against him under the Arms Act and the fact remains that he conducted himself involving in Criminal Cases attracting the Punitive Provisions of Sections 147, 341 and 302 of IPC which are grave in nature and eventhough the District Forest Officer had given a No Objection Certificate to the effect that there are no Forest Offences, the fact remains that he is involved in Criminal cases and was punished by the trial Court. The wrong doing is there but his moral turpitude was shattered on account of his involvement in a Criminal Case.

(3.) THE petitioner additionally stated that so far as non -recommendation for the issuance of the licence for a single barrel breach loading gun by the Superintendent of Police in his favour is concerned only on the reason of the pending of the Criminal Appeal against him, on being convicted by the trial Court and this pending appeal came to be heard and came to be decided in his favour by this Court and allowing his Criminal Appeal No. 1107 of 2002 and setting aside the Judgment of the trial Court since being opposed to the facts and circumstances of the case and the position of Law covering the subject and the appeal was allowed, consequently, the petitioner has been acquitted from the said criminal case, as such he is innocent and the stigma attached to his character has became erased. Even the Superintendent of Police had offered his opinion after the Judgment of the High Court, he would not oppose the grant of licence in his favour which he did during the pendency of the appeal when the trial Court Judgment was in force.