AWADHESH KUMAR MISRA Vs. DISTRICT MAGISTRATE KANPUR NAGAR

JUDGEMENT

(1.) THIS writ petition has been filed by Awadhesh Kumar Misra against the order of the District Magistrate, Kanpur Nagar, suspending his licence no. 11459 of a revolver on 30th June, 1987. The petitioner (Awadhesh Kumar Misra) was asked to deposit the revolver in the Malkhana and he was further called upon to show cause against its cancellation. The only ground which has been made for passing of the impugned order is the pendency of a criminal case under Section 302 of the Indian Penal Code against the petitioner. The incident relating to this occurred on 31st March, 1986. The allegation against the petitioner was that he used his licenced revolver to shoot one Bhalloo Dahivale. Apart from the merits, the ground urged before us was that since the power of suspension pending enquiry has not been specifically conferred upon the District Magistrate, the impugned order is liable to be quashed on that basis.

(2.) FOR the argument advanced reliance was placed on a judgment reported in Raghuvir Sahai v. District Magistrate, 1986 AWC 1074. In this case the Bench held :-

(3.) THE correctness of C. P. Sahu's case came up for consideration before a Full Bench of five Judges in Kailash Nath v. State, 1985 AWC 493. THE Full Bench also took the view that obtaining of a licence for acquisition or possession of fire arm and ammunition under the Arms Act is nothing more than a privilege and the ground of such privilege did not involve the adjudication of the rights of an individual entailing civil consequences. It 'was ruled in this case that post decisional hearing if given that would fulfil the requirements of principles of natural justice. THE Full Bench said :-