D K SETH Vs. KUNWAR AKHILESH PRATAP SINGH

JUDGEMENT

(1.) Mr.H.N.Singh learned counsel for the petitioner as sails the order dated 21-5-1997 by which the petitioner was directed to deposit his arms in the Police Station, Nautanwa, district Maharajganj on the ground that the petitioners licence was neither suspended nor cancelled on the other hand the same has been renewed till the year 2000. He points out from the order dated 10-5-1996 by which the petitioner was directed to show cause as to why his licence should not be cancelled and if it is not submitted within time. suitable order will be passed. That the said order does not contain any reason. Pursuant to the said order, the petitioner has submitted two applications by which the petitioner had asked for certain papers which was not supplied to him and by reason thereof he was unable to submit his reply earlier.

(2.) Be that as it may if no reply is submitted in that event it was open to the respondents to pass appropriate order for suspension or revocation as it might deem fit. But unless an order of suspension or revocation is passed, it is not within the jurisdiction of the Licensing Authority to direct deposit of the arms in the Police Station pending enquiry. Then again the order impugned discloses no reasons due to which the petitioner was so directed to deposit the arms. The only ground which was sought to be made out in the order that the petitioner did not submit his reply. The non-submission of reply does not empower the Licensing Authority to direct deposit of the arms without suspending and revoking the licence.

(3.) The provisions for suspension and revocation as contained in Section 17 provides in sub-section (3) the grounds on which an order of suspension can be issued. The said subsection (3) provides as follows: