RAO RAGHURAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner seeks quashing of the order of the District Magistrate, Narsimhapur, dated 18th February 1981 revoking the licence of a 12 bore gun and the order dated 17th June, 1981 passed by the Commissioner, Jabalpur, dismissing his appeal.

(2.) The order revoking the licence was passed on the ground that the petitioner was 54 years of age and that the gun was being used by his son who is associated with bad characters. The mere fact that the petitioner is 54 years of age does not disentitle him in the holding the licence. A licence can be revoked under section 17(3) (b) of the Arms Act, rob 1959, if the licensing authority deems it necessary for the security of the public peace or for public safety. The only relevant thing mentioned by the District Magistrate in the order of revocation is that the gun was being illegally used by the petitioners son who was associated with bad characters. The material in support of this conclusion was a report made by the led Superintendent of Police dated 4th September 1979. A persual of that report, which is Annexure R-1, does not show that the son of the petitioner had ever used the gun. The report no doubt says that a case under section 107/116 of the Code of Criminal Procedure PF was pending against him, but there is nothing in the report to suggest that he ever used the gun. Further, when the petitioner denied the allegations made in the show cause notice, a report was again obtained from the Superintendent of Police. This report is Annexure P-5, dated 13th January 1981. In this report, it is stated that for the time being there was no adverse report against the petitioner and that the suspension of the licence may be revoked. It will thus be seen that after this revocation there remained nothing on record which could form any basis for the licensing authority to reach the conclusion that revocation of the licence was necessary for the security of the public peace or for public safety. In our opinion, therefore, the revocation of the licence was not justified.

(3.) The petition is allowed. The order of the District Magistrate, Narsimhapur, dated 18th February 1981 revoking the licence and the order of the Commissioner, Jabalpur dismissing the petitioners appeal are quashed. There will be no order as to costs. The security amount be refunded to the petitioner. N.K.R. Petition allowed. Revocation of arms licence quashed.