PRITAM SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) Petitioner has filed the present writ petition being aggrieved by order dated 19/02/13 contained in Annexure P/1 by which appeal preferred by the petitioner against revocation of arms license has been dismissed.

(2.) Counsel appearing for the petitioner submitted that he had been given gun license of 315 bore on 6/07/06 and license of 12 bore gun on 14/7/07. Complaints were made against the petitioner by one Girija Bai and Mastram due to personal animosity. Nine criminal cases were registered against the petitioner and on complaint against him, district magistrate had issued a show cause notice to petitioner for the revocation of his arms license on 27/08/11. Mastram has also intervened in the case and filed objection for cancellation/revocation of arms license granted to the petitioner. Petitioner filed reply to show cause notice on 03/11/11. Collector vide its order dated 21/02/12 revoked the gun license. Petitioner preferred an appeal against the order of Collector before Commissioner. Commissioner considered the grounds raised by the petitioner and dismissed the appeal vide its order dated 19/12/13.

(3.) Petitioner has raised ground that there is non-compliance of Section 17 sub-Section (3) of Arms Act 1959, and only because of pendency of criminal case, license of petitioner cannot be cancelled. Superintendent of police has prepared a report behind the back of petitioner and therefore, the same cannot be relied upon. Opportunity to adduce evidence has not been granted to the petitioner. Petitioner has not been convicted in any of the cases, therefore, his license cannot be revoked and the case of petitioner has been handled in mechanical manner due to malice and malafide. In view of aforesaid ground, petitioner has prayed for quashing of the order of appellate authority and District Magistrate.