HASHIM ALI KHAN Vs. DISTRICT MAGISTRATE AZAMGARH

JUDGEMENT

(1.) By this petition the petitioner, Hashim Ali Khan, has prayed for quashing of the show cause notice dated 21-1-1982 (Annexure '2' to the writ petition), passed by the District Magistrate, Azamgarh, by which the petitioner's arm licence No. 5295/ Part II for his Double Barrel Gun No. 69494 was suspended and he was called upon to show cause also by 24-2-1982. Instead of showing any cause to the aforesaid notice, the petitioner has filed this writ petition.

(2.) The learned counsel for the petitioner and the learned Standing Counsel were heard at length and the record of the case was perused. The only submission made by the learned counsel for the petitioner was that under the Arms Act there is no provision for suspending the arms licence pending enquiry regarding cancellation/suspension of the licence. Reliance was placed on a Division Bench decision of this Court in the case of Raghuvir Sahai v. The District Magistrate, Jhansi 1986 AWC 1074 : (1986 All LJ 1442) this case it was held :- "If the District Magistrate was on the material that had been placed before him satisfied that it was necessary for the security of the public peace or public safety to revoke or suspend the petitioners' licenses for any specified period, it was open to him to pass such an order straightway. However, if he chose to suspend the licences only pending an enquiry and before being fully satisfied on the material brought on he record it was necessary to revoke or suspend the license in order to secure public peace and safety, he would certainly have no jurisdiction to suspend the petitioners' licenses pending such an enquiry".

(3.) Relying on a Full Bench decision of five Judge in the case of Kailash Nath v. State of U.P. 1985 AWC 493 , it was argued on behalf of the State that the licensing authority can for the furtherance of his immediate remedial action exercise the incidental power of suspending the licence during the period of enquiry.