BISWAPATI GHORAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this petition, a group of petitioners numbering 14 have challenged the several orders passed by the District Magistrate and Licensing Authority, Midnapore, dated 1st April, 1999. The text of all these impugned orders are identically same. By these impugned orders, the licence held by the petitioners for possession of fire-arms have been suspended. It appears from all the aforesaid impugned orders suspending licence that stereotype reasons have been set out in the manner as follows :-

(2.) FROM the impugned orders, it appears that the aforesaid licences have been suspended in exercise of the power under Section 17 of the Arms Act, 1959.

(3.) MR . Sanjib Misra, learned Lawyer, appearing for the State-respondents, submits that District Magistrate has passed this impugned order having regard to the adverse law and order situation in the particular area. The situation is so serious that in order to secure the lives and properties of the local citizens, the aforesaid orders of suspension were necessary inasmuch as the District Magistrate reasonably is of opinion that the fire-arms held by the petitioners are being extensively used and/or likely to be used in the prevailing situation arising out of clashes between political parties. He had also handed over a copy of the F.I.R. substantiating the aforesaid bad law and order situation in that area.