SUKHPAL SINGH Vs. COMMISSIONER MEERUT

JUDGEMENT

(1.) AS usual, on behalf of state respondents, no counter- affidavit has been filed in this case, despite several opportunities granted since March 1995, the writ petition is accordingly disposed of finally as the relevant facts are available on record.

(2.) THE petitioner was served with a show cause notice contained in Annexure 2 to the writ petition under Section 17 of the Arms Act, 1959 stating that from the report of Police station Nagal, District Saharanpur, it was evident that the petitioner was licensee of a 315 bore rifle. THEy were registered at the police station in two criminal cases, case crime No. 47/89 under Sections 147, 148, 149, 307, 324, 452, 504, 506, 302, I.P.C. and case Crime No. 62 of 1991 under Section 364 I.P.C., charge-sheet in which were submitted and cases pending in the Court, the petitioner is a person of criminal bent of mind who uses the weapon for threatening witnesses and committing crimes. He was called upon to show cause as to why his arms licence be not cancelled and the weapon surrendered. By his order dated 27.8.1992, the District Magistrate, Saharanpur, rejecting the objection filed by the petitioner, affirmed the notice cancelling the arms licence of the petitioner. THE petitioner's appeal was also dismissed by the Commissioner, Meerut division by his order dated 20.12.1994 contained in Annexure 10. Aggrieved this writ petition.

(3.) ON behalf of the State, learned Standing Counsel has strenuously tried to support the order on the basis of the observations by the District Magistrate and the Commissioner that the petitioner was a man of criminal bent of mind and the witnesses in criminal cases turned hostile due to his strong arm tactics. This, however, to say the least, is not supported by any evidence. The effects of judicial judgments, could not be avoided by making such sweeping observations.