LAWS(P&H)-2018-1-415

BALWINDER SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On January 25, 2018
BALWINDER SINGH Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) The petitioner is aggrieved against the order passed by the District Magistrate, Faridkot, by which his arms licence has been suspended and the order dtd. 16/3/2016 by which his statutory appeal preferred under Sec. 18 of the Arms Act, 1959 (hereinafter referred to as the "Act") has been dismissed.

(2.) In brief, the petitioner was having an arms licence no.71/P.S. Jaitu/D.M./Faridkot of 12 bore gun bearing no.1874/4433. The said licence was renewed till 12/11/2013. The petitioner applied for renewal of his licence after depositing the requisite fee. The District Magistrate asked for the report from the police department. He was informed vide letter no.2755/RAL/CPRC dtd. 4/12/2013 that the petitioner was involved in four criminal cases but he has been acquitted in two cases and released on probation in the other two. Thus, they recommended that the arms licence of the petitioner may not be renewed. The District Magistrate, vide his impugned letter dtd. 10/2/2015, suspended the arms licence of the petitioner in terms of Sec. 17(3) of the Act and directed him to deposit his arm in the concerned police station or the gun house. Aggrieved against the said order, the petitioner preferred the statutory appeal under Sec. 18 of the Act before the Divisional Commissioner but it was dismissed only on the ground that the petitioner had been involved in four criminal cases though he had been acquitted in two cases and released on probation in the other two.

(3.) Counsel for the petitioner has submitted that the petitioner was involved in four criminal cases. The detail of the said four cases is as under:-