LAWS(MPH)-2014-10-120

RAMBARAN Vs. STATE OF M.P

Decided On October 10, 2014
Rambaran Appellant
V/S
STATE OF M.P Respondents

JUDGEMENT

(1.) THE petitioner's arms license was suspended by order dated 02.04.2009. A show cause notice was issued on the same date i.e. 02.04.2009. Petitioner submitted his reply. Another notice dated 02.04.2009 (Annexure P/3) was issued to the petitioner by the District Magistrate stating that since certain criminal cases are registered against him, his gun license may be canceled. No other reason is mentioned in the show cause notice. Thereafter by order dated 03.02.2014, petitioner's arms license was cancelled by the District Magistrate. Petitioner preferred appeal Annexure P/6 and stated that license of the petitioner is cancelled on the basis of pendency of certain criminal cases but petitioner has already been exonerated from those cases. Appellate authority rejected the appeal by order dated 12.08.2014.

(2.) SHRI Vishal Singh Bhadoriya, learned counsel for the petitioner submits that in para 5 of the impugned order the appellate authority recorded the contention of the petitioner that he has been acquitted in the criminal cases but has not assigned any reason as to why such acquittal will not entitle him for restoration of arms license. Criticizing the appellate order, it is submitted that appellate authority has rejected the appeal on extraneous and irrelevant consideration which is not in consonance with the Arms Act. Attention is drawn on last paragraph of the appellate order.

(3.) PRAYER is opposed by Shri N.S. Kirar, learned Panel Lawyer for the respondents / State.