RAM BODH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) GUN licence of Petitioner, resident of Fatehpur, has been cancelled because he was accused in criminal cases including a case of murder of a person with whom Petitioner had dire enmity . The Sub -Divisional Magistrate held that even if Petitioner did not associate with undesirable elements or he was not drunkard it was in public interest to cancel his licence as from police report and various judgments in criminal cases it was apparent that Petitioner was given benefit of doubt only. It was also observed that police of the district had suspicion about his character and enmity of Petitioner with Rae Bareilly persons was established from orders filed by Petitioner himself. In appeal the order was upheld.

(2.) ALTHOUGH in counter -affidavit it has been reiterated that Petitioner was in habit of consuming excessive intoxicants and associating with undesirable elements but it having not been found by the Magistrate or appellate authority has to be ignored.

(3.) AS regards criminal cases Petitioner was no doubt given benefit of doubt but the findings on the judgments make it clear that he was falsely implicated. Even otherwise once Petitioner was acquitted those cases could not furnish material for cancellation of his licence. Enmity is double edged weapon. The father of Petitioner himself was murdered. Implication of Petitioner therefore in criminal cases could be motivated. It has been observed so in Session Trial No. 2470 of 1974. In absence of any positive material the licence could not be cancelled only because Petitioner had enmity with certain persons of another district. The last reason of Magistrate that even the police of district Fatehpur had suspicion about Petitioner's character is equally unsustainable. It is too vague. It has not been explained even in the counter -affidavit. The finding, therefore, that it was in public interest to cancel Petitioner's licence is not substantiated.