JAGDISH SINGH Vs. SUPERINTENDENT OF POLICE SHAHJAHANPUR

JUDGEMENT

(1.) THE petitioner is aggrieved at the high-handed action of the Sub Inspector of Police in taking possession of the petitioner's rifle as well as the licence therefor.

(2.) THE petitioner states that he is a resident of villege Ratobal Rahi, police station Zeera, district Firozpur in the State of Punjab. He has relations, family and property in the district of Shahjahanpur also. He applied for and obtained a licence for a rifle from the Sub Divisional Magistrate, Zeera, district Firozpur in the State of Punjab. THE licence was valid throughout the country. Under that licence the petitioner held a rifle of. 315 bore. THE licence was in due course renewed and was valid upto 16th April 1983.

(3.) ON the materials on record it appears that the petitioner was not under cloud of any kind. The authorities had not cancelled or suspended his licence on any ground. There appears to be no allegation of breach of peace emanating from the petitioner. ONe fine morning the Station Officer visits the petitioner at his home and after inspecting the rifle and the licence just takes them away. He had no authority to do so. The action of the Station Officer apparently is high-handed and unjustified. The learned Standing Counsel has not been able to point out any provision of law under which the police authorities are entitled to take away any body's fire-arm or the licence without any reason or justification.