NAR SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(2.) Learned counsel for the petitioner submitted that petitioner was issued arms licence of pistol by the District Magistrate, Gorakhpur vide order dated 14.6.2013 and accordingly, he purchased the pistol. He next submitted that District Magistrate, Gorakhpur-respondent no. 3 issued show cause notice under Section 17(3) of the Arms Act, 1959 (hereinafter referred to as the Act, 1959) to the petitioner on 12.10.2015 as to why his licence may not be cancelled, against which petitioner filed reply on 9.3.2016. Ultimately respondent no. 3 vide impugned order dated 10.5.2016 cancelled the arms licence of the petitioner only on the ground of apprehension. Petitioner is a law abiding person and during course of Panchayat Election, 2015, he deposited his pistol in the Malkhana of Police Station Gagaha. He next submitted that in the impugned order, it has been observed that in an incident, petitioner himself has received injury, but contrary to that, his arms licence has been cancelled on the ground of apprehension only. Against the said order, petitioner preferred an appeal under Section 17 (3) of the Act, 1959 which was also dismissed by the Divisional Commissioner vide order dated 17.02.2018 affirming the order of the respondent no. 3. He next submitted that petitioner is having no criminal case except challan under Sections 107/116 Cr.P.C. and 151 I.P.C. in which he was released on furnishing the bail bond. The term of challan under the aforesaid sections expires after six months.

(3.) Learned counsel for the petitioner relied upon the judgments of this Court in the cases of Satyendra Bahadur Singh @ Guddu Singh Vs. State of U.P. and others, reported as 2016 0 Supreme (All) 358, Hiramani Singh Vs. State of U.P. and another reported as 2010 LawSuit (All) 3030 decided on 15.12.2010, Rajendra Singh Vs. Commissioner, Lucknow Division, Lucknow and others reported as 2011 LawSuit(All) 2876 decided on 10.03.2011 and Mulayam Singh Vs. State of U.P. and others reported as 2012 LawSuit(all) 1651 decided on 14.05.2012.