ABDUL AZIZ Vs. STATE OF U P

JUDGEMENT

(1.) By way of this petition the petitioner has challenged the order passed by the Additional District Magistrate (Administration), Moradabad, cancelling Licence No. 3568 of DBBL Gun No. 1006/10480/7. The order was confirmed by order dated 28/5/1992 in Appeal No. 215/91- 92, under Section 18 of the Arms Act.

(2.) Sri Ashok Na,th Tripathi, Learned Counsel for the petitioner urged that for revocation of license in exercise of power under Section 17(3) of the Arms Act, any of five conditions mentioned must be satisfied. He further urged that no finding has been recorded by licensing authority or appellate authority on any of the grounds contained under Section 17(3) of the Act and sole basis for proceedings under Section 17(3) of the Act is the registration of criminal case against the petitioner under Sections 147, 148, 149, 307 I.P.C. and pendency of proceedings under Sections 1 Q7 /117 Cr.P.C. but none of the cases are pending. He further states that no show cause notice was served to the petitioner.

(3.) Sri V.N. Agarwal learned Standing Counsel, in reply stated that the orders passed by the licensing authority as well as appellate authority are correct and were rightly passed.