MOHD NAZIM Vs. DISTRICT MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) Heard Sri Tahir Hussain learned counsel for the petitioner and learned Standing Counsel for the respondents. Counter and rejoinder affidavits have been exchanged between the parties.

(2.) The petitioners are aggrieved by the show-cause notice dated 17/7/1995 in Case No. 5 of 1997 (annexure 1) notice dated 17/7/1997 in Case No. 6 of 1997 (annexure 2) order dated 7/12/1998 filed as Annexure SA-1 and SA-2 with amendment application No. 30524 of 1999 whereby the arms dealer licence in Form No. 11 and 12 has been cancelled by the State Government.

(3.) The notice dated 17/7/1997 in Case No.5 of 1997 (annexure 1 to the writ petition) issued by the District Magistrate, Allahabad was a show-cause notice requiring the petitioners to reply as why the licence No. 36 Form No. 13 be not cancelled. The allegation was that he had sold a 30' Bore Pistol No. 11005882 on 21/6/1965 to M/S Mirajuddin Arms Dealer which did not bear the name of the manufacturer and was subsequently sold to Sri Nafis Ahmad. Non-compliance of Rule 25(2) of the Arms Rules 1962 was alleged which was in violation of Section 8(2) of the Arms Act and punishable under Section 25 of the Act. An FIR No. 631/ 67 dated 8.7.1967 was also registered in Police Station Shahganj.