INDRAPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.K. Mishra holding brief of Sri Rajendra Kumar Singh, learned counsel for the petitioner and the learned Standing Counsel for the respondents.

(2.) The present writ petition has arisen out of order passed by the District Magistrate, Etawah dated 22.1.2010 whereby the firearm of the petitioner has been cancelled.

(3.) The petitioner preferred an appeal against the order passed by the District Magistrate, Etawah which was also rejected by the Commissioner, Kanpur Division, Kanpur vide order dated 29.11.2010. A show cause notice under Section 17(3) of the Arms Act, 1959 (hereinafter referred as the 'Act') has been served upon the petitioner on 19.9.2008 on the report of the Senior Superintendent of Police dated 2.9.2008. It was brought on record by the report dated 2.9.2008 that the petitioner is a person of criminal tendency and is in habit of handing over his firearm to criminals on one or other occasion. It was further recorded that the firearm of the petitioner was recovered on 22.1.2008 at Police Station Kotwali, District Etawah from one Vinod Kumar Bhadauria, resident of 166 Karanganj who was arrested and against whom a Case Crime No.24 of 2008 under Section 25/27 of the Arms Act is registered.