MOHD AFAQ Vs. COMMISSIONER ALLAHABAD DIVISION

JUDGEMENT

(1.) THIS petition under Article 226 arises from proceedings under the Arms Act, 1959.

(2.) THE brief facts are these: In 1967 the petitioner was issued a D. B. B. L. gun licence. The petitioner was in jail in connection with a case under Section 302, I. P. C. when the District Magistrate, Allahabad issued a show cause notice-cum-order of suspension dated 28-9-1969 suspending his licence and directing him to surrender the gun and the licence, to the Station Officer, Nawabgan. i. The petitioner was also by the said order called upon to show cause why his gun licence should not be cancelled. In the said notice dated 28-9-1969 it was also stated that the licence was proposed to be cancelled because the petitioner was nominated as an accused in a case under Section 302, I. P. C. No other ground was mentioned in the said notice. The petitioner states that as he was in jail, he could not comply with the said notice. Admittedly, no cause was shown in compliance with the said notice. Ultimately, the petitioner was admittedly acquitted on 10th May, 1969 in the said criminal case under Section 302, I. P. C. Still, the District Magistrate on 17th July, 1969 cancelled his gun licence. No reply had been submitted by the petitioner to the show cause notice issued to him earlier Against the said order dated 17th July, 1969, whose true copy has been made An-nexure 'b' to the writ petition, the petitioner filed an appeal before the Commissioner, Allahabad Division. The appeal itself was dismissed on 10th February, 1972 on the ground that the appellant did not turji up to press the appeal even though he had notice of the date of the hearing in the appeal. A true copy of the Commissioner's order is said to be Annexure 'd' to the writ petition but actually it should be Annexure 'c to the petition. The petitioner has felt aggrieved against the order dated 17th July, 1969 of the District Magistrate and the aforesaid appellate order of the Commissioner dated 20th February, 1970. In the petition he has sought the following reliefs:

(3.) IN the counter-affidavit filed on behalf of the District Magistrate, respondent No. 2, it has been admitted that the petitioner was acquitted on 10th May, 1969. It has been emphasised that the show cause notice was served on, the petitioner on 14th December, 1968 and he could have submitted his explanation from the jail. Further, he was acquitted on 10th May, 1969 and thereafter he had opportunity to submit his explanation and in this situation the District Magistrate was justified in cancelling the licence on 17th July, 1969. It has been further stated in the counter-affidavit that there was enmity between two factions and even though both Masiuddin and the petitioner had been acquitted that enmity persisted and there was likelihood that fire arms would be used by both the factions. In this connection, a reference may be made to the three annexures to the counteraffidavit. Annexure 1 is a true copy of the report dated 10th September, 1968, which was submitted by the Senior Superintendent of Police. Allahabad to the District Magistrate. It was concerning Massan alias Masiuddin and it was opined that as he was nominated as accused in a case under Section 302, I. P. C. , therefore, it was desirable that his licence should be immediately suspended. Annexure 2 is a true copy of the report dated 28-6-1969 which was submitted by S, D. O. , Soraon, It seems to be in compliance with the District Magistrate's order dated 20th May, 1969 on the application of the said Massan alias Masiuddin. A perusal of the said report would disclose that the gun licence of the said person had also been suspended by the District Magistrate on 28th September, 1968 as he was nominated as an accused in a case under Section 302, I. P. C. The accused was acquitted on 10th May, 1969 by the Sessions Judge, Allahabad and thereafter he applied for the restoration of the licence. The District Magistrate it seems, asked the Sub-Divisional Magistrate, Soraon to submit a report on the said application of Massan alias Masiuddin, The S. D. O. opined that the enmity between the factions persisted despite the acquittal of the accused and, therefore, it was not desirable that the licence of Masiuddin should be restored. Annexure '3' is a true copy of the report dated 9-7-19g9 submitted by the S. D. O. , Soraon. This report was submitted with reference to the petitioner. The S. D, O. opined that in view of his earlier report submitted in connection with Masiuddin it was not desirable that the gun licence of the petitioner should remain operative, and, therefore, in his opinion, the gun licence of both Masiuddin and the petitioner should be cancelled.