KIRPAL SINGH ADOPTED SON OF SH SANT SINGH Vs. STATE OF PUNJAB THROUGH SECRETARY OF HOME AFFAIRS AND ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) The petitioner filed application dated 6.2.1987 for sale of gun of which his father Sant Singh was a licensee who died on 6.10.1985. The said application has been dismissed on the ground that the application was made after expiry of statutory period of one year and there was no explanation for the delay. The Additional District Magistrate further held that notice under Section 21(3) of the Arms Act was duly served on the petitioner alleging that the petitioner failed to make an application within one year of deposit of the arm.

(2.) Learned counsel for the petitioner submitted that the delay was on account of the petitioner being minor and ill which was the plea taken before the Additional District Magistrate also but which was rejected in absence of any evidence. Learned counsel for the petitioner relied on judgment of this court in Joginder Singh v. State of Punjab, 1988(1) RCR (Crl.) 376 in which case it was held that neither notice was served nor objections of the affected party were considered. The said judgment is distinguishable on facts.

(3.) I do not find any ground to interfere with the order of the Additional District Magistrate.