KASHIRAM Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER has filed present petition challenging the order (Annexure P-1) passed by Commissioner, Bhopal Division, Bhopal dated 8-7-2003 in Appeal No. 65/2002-03, by which the learned Commissioner has declined to entertain the application for stay on the ground that the authority has no power under Section 18 of Arms Act, 1959 to stay the impugned order.

(2.) LEARNED Counsel for petitioner submits that the aforesaid application ought to have been considered by the authority under Section 18 (6) of the Arms Act, 1959 (hereinafter referred to as 'act' for short ). The authority was empowered to pass any order conditional or unconditional in this regard and the authority has not considered the provision of Section 18 (6) of the Act, while deciding the aforesaid application.

(3.) SECTION 18 of the Act reads as under :-