RAM NARESH TRIVEDI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Ane.es Ahmad Advocate on behalf of the petitioner and learned Standing Counsei on behalf of the respondents,

(2.) The petitioner. Sri Ram Naresh Trtvedl has been granted an arms licence being Licence No. AB 793289. The aforesaid arms licence of the petitioner has been suspended under order of the Additional District Magistrate, City, Ghazstabad dated 31st January, 2005 under S. 17 of the Arms Act.

(3.) On behalf of the petitioner it is contended that the suspension of the arms licence of the petitioner during the pendency of enquiry in the criminal case is legally not justified in view of the five Judges Judgment of this Court in the case of Rana Pratap Singh v. State of U.R (1996 All LJ 301), as also in view of the Division Bench judgment of this Court in the case of Ranveer Singh v. District Magistrate, Sharaswati, reported in 2001 (2) JIC 304. It is further contended that the order of the Additional District Magistrate, City, Ghaziabad dated 31st January, 2005, insofar as it directs that the licence of the petitioner shall remain suspended till the conclusion of the criminal proceedings under S. 30 of the Arms Act, is legally not Justified inasmuch as the proceedings under S. 17 of the Arms Act are independent, of the proceedings which may be taken under S. 30 of the Arms Act.