KAMAL KUMAR MITTAL Vs. DISTRICT MAGISTRATE PILIBHIT

JUDGEMENT

(1.) -Petitioner was granted fire arms dealer licence in respect of his shop situate at district Pilibhit by the District Magistrate, Pilibhit. Petitioner was served with a show cause notice dated 5th August, 1993, calling upon him to show cause as to why his licence may not be cancelled and during the pendency of the enquiry his licence was also placed under suspension. The order suspending the fire arms dealer licence of the petitioner was subject-matter of challenge in Writ Petition No. Nil of 1993, wherein an interim order dated 27.8.1993 was passed staying the order of suspension of the licence for a period of three months only.

(2.) SINCE no interference was placed by this Court on the conclusion of the proceedings initiated, the petitioner submitted his reply to the notice. The District Magistrate, after considering the reply submitted by the petitioner, by means of his order dated 30th August, 1993 cancelled the fire arms dealer licence of the petitioner. In the order passed by the District Magistrate amongst other it has been recorded that on 14th July, 1993, as per the permission, petitioner obtained delivery of 15 rifles of .315 bore from Indian Air Lines, Lucknow. The petitioner was required to carry the firearms to his shop and to sell the same under the terms and conditions of the licence only after forwarding requisite information to the District Magistrate concerned.

(3.) THE only plea raised before this Court on behalf of the petitioner is that in the criminal proceedings the petitioner has been acquitted of the criminal charges levelled against him. He, therefore, submits that the orders passed by the District Magistrate are liable to be revoked with reference to Section 17 (7) of the Arms Act.