SALIM AHMAD Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition is directed against order dated 16th February, 2007 passed by District Magistrate, Rampur cancelling firearm licence of the petitioner in purported exercise of power under Section 17 of Arms Act, 1959 (hereinafter referred to as "Act 1959") and the appellate order dated 22nd April, 2009 whereby Commissioner has rejected petitioner's appeal and affirmed the cancellation order.

(2.) It is alleged that the cancellation is founded on the ground that criminal case under Section 25 of Act 1959 has been registered against the petitioner. According to the first information report, a 12 bore Tamancha along with two live cartridges of the same bore were recovered from his possession on 17th June, 2006 by two constables. The aforesaid weapon and cartridges, the petitioner possessed without any authority, and hence a criminal case No.330 of 2006 under Section 25 of Act 1959 was registered against him.

(3.) Sri Pradeep Saxena, learned counsel for petitioner contended that he has been implicated in the said criminal case falsely, trial has not concluded for the last more than 5 years as a result whereof petitioner is being harassed and victimized for no fault on his part, and, in the meantime respondents authorities have also cancelled his firearm licence which was granted to him for his personal safety and security, exposing the petitioner to the risk to his person and life.