MAHENDRA SINGH BHADAURIA Vs. STATE OF M P

JUDGEMENT

(1.) HEARD. THE petitioner in this writ petition under Article 227 of the Constitution of India is challenging the order dated 7-1-2008 passed by the Appellate authority, whereby the learned Appellate Authority affirmed the order of the district Magistrate dated 31-7-2007 passed in Case No. Q/rdm/no. 5/83/2007.

(2.) IT is not in dispute that Armed Licence bearing No. 644/88 for personal safety has been granted to the petitioner. On 10-7-2007, the petitioner was going to his relation from Gwalior to Morena, near Police Station Purani chhawani, Gwalior, his vehicle was stopped and during search he was asked to produce his arms licence to the Police person. He produced his arms licence to the Police person. During checking it was found that more than the permissible limits of cartridges (30 rounds) was being carried by the petitioner and therefore a case was registered against the petitioner, by the respondent No. 3 vide Crime no. 513/07 under Sections 20, 25, 27 and 30 of the Arms Act, 1959 and the incident was also informed to the respondent No. 2 and the respondent No. 2 in turn intimated the same to the District Magistrate, Gwalior, vide letter dated 23-7-2007 and recommended to cancel the licence of the petitioner. The District magistrate after receiving the letter from the respondent No. 2 suspended the licence vide order dated 31-7-2007 with immediate effect till the finalization of the case registered against the petitioner by the Police Station, Gwalior vide crime No. 513/07.

(3.) THE petitioner challenged the said action by filing an appeal before the Commissioner, Gwalior, under Section 18 of the Arms Act, 1959. The appeal was dismissed on 7-1-2008 on the ground that the criminal case is going on against the petitioner and during search he was found in possession of 30 rounds.