CHHATRAPAL SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) By means of this writ petition petitioner has prayed for a writ in the nature of certiorari quashing the order dated 19.5.2005 and 27.8.2002 passed by the respondent Nos. 1 & 2. Brief facts of the case are that the petitioner is a licensee of rifle No. 10946/3C vide Licence No. 00419 which was granted to the petitioner after due enquiry. On 11.1.2002 a show cause notice was issued to the petitioner as to why his licence may not be cancelled on the ground of his involvement in Case Crime No. 381 of 2001, under section 302/34 IPC registered against him. Against the said order petitioner preferred a writ petition before this Court being Civil Misc Writ Petition No. 3355 of 2002 and the said writ petition came up for disposal before this Court on 23.1.2002, which stood disposed of with the direction to the petitioner to file his explanation before the licensing authority within three week and the licensing authority was directed to conclude the enquiry expeditiously. It appears from the impugned order dated 27.8.2002 that the petitioner did not appear before the licensing authority and the matter was considered ex parte. The licensing authority recorded his satisfaction that from the act and behaviour of the petitioner it is not in the interest of security of public to permit the arm license to remain with such a person and cancelled the arm licence of the petitioner vide order dated 27.8.2002. The said order was challenged by the petitioner before the appellate authority under section 18 of the Act and the said order was confirmed by the appellate authority vide order dated 19.5.2005. This order is subject matter of challenge before this Court.

(2.) Heard learned Counsel for the parties and perused the material on record.

(3.) Learned Counsel for the petitioner has contended that the respondents have not recorded any finding that it was necessary to cancel the licence for security of public peace or public safety and mere involvement of the petitioner in aforesaid criminal case could not form basis for cancelling the licence. In support of his argument, learned Counsel for the petitioner has relied upon a Full Bench decision of this Court in Shiv Prasad Mishra v. State of U.P.,1979 16 ACC 6 wherein it has been held by this Court that mere involvement in a criminal case cannot in any way effect the public security and public interest.