MASIUDDIN NAIMUDDIN Vs. COMMISSIONER ALLAHABAD DIVISION ALLAHABAD

JUDGEMENT

(1.) THE petitioner, Masi uddin, held a licence for possessing a D.B. B.L. gun. It was granted to him in 1967. It was granted by the District Magistrate, Allahabad. Thereafter he purchased one D.B.B.L. gun No. A/4, 4517 (Indian). On September 28, 1969 the District Magis trate, Allahabad served a notice on him under "the Arms Act, 1959. The notice directed him to surrender the licence and the gun to the Station Officer, Nawabganj. It also directed him to show cause why his gun licence should not be cancelled. Meanwhile, the District Magistrate sus pended the licence.

(2.) THE petitioner showed cause. Thereafter by his order, dated 17th July, 1969, the District Magistrate cancelled the licence. The petitioner filed an appeal against the order. The Commissioner, Allahabad, dismissed the appeal. S. Counsel for the petitioner, Sri R. N. Singh has questioned the validity of the aforesaid orders on two grounds. One, the petitioner was not given an adequate opportunity of showing cause against the cancellation of the licence; two, the reason assigned for cancellation of the licence is outside the ambit of Section 17 of the Arms Act.

(3.) SRI Singh's grievance is that neither the petitioner has been heard nor has the licence been cancelled as it was found "necessary for the security of the public peace or for public safety."