PAWAN KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 3/4/2019 (Annexure P/1) passed by the Commissioner, Jabalpur Division, Jabalpur, whereby, the appeal preferred by the petitioner under Sec. 18 of the Arms Act, 1959, has been dismissed and the order dtd. 5/7/2018 (Annexure P/4) passed by the Licencing Authority has been affirmed.

(2.) The facts of the case are that the petitioner is in the business of mining and after considering his antecedents and necessity, he was granted arm licence No.67/2002 DM/Jabalpur for revolver under the provisions of the Arms Act, 1959 and the rules made thereunder.

(3.) The petitioner submits that he has never misused the said arm and has never violated any of the terms and conditions incorporated in the licence. The licence of the petitioner was renewed from time to time and the last renewal was effective till 4/7/2018. The petitioner made an application for renewal of the said licence under Sec. 15 of the Arms Act, 1959, however, vide order dtd. 5/7/2018 (Annexure P/4), the Licencing Authority by a non-speaking order, refused to renew the licence of the petitioner only on the ground that there is criminal record against the petitioner. The said order has been affirmed by the Commissioner and, hence, the petitioner has filed the instant petition.