PRAMOD THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks quashing of the order of the District Magistrate, Muzaffarpur contained in his memo no. 64 dated 11.8.99 suspending him arms licence no. 367/415 dated 20.3.91 with respect to .315 bore rifle.

(2.) THREE fold submissions have been made to buttress the grievance of the petitioner. Firstly, it has been contended that the order of suspension is bad because no opportunity to file show cause was given. In support of the contention reliance has been placed on a Bench decision of this Court in Jagdamba Singh vs. State of Bihar, 1993 (2) PLJR 107. Secondly, it is submitted that the licence has been suspended as a sequel to submission of charge -sheet in Sadar P.S. Case No. 133/98, but as the petitioner was not an accused in Bula Bazar (Calcutta) P.S. Case No. 136/88 and there was no warrant of arrest issued against him in that case, the alleged occurrence leading 5/1/2013 Page 63 Kausalaya Devi Versus State Of Bihar to the institution of Sadar P.S. Case No. 133/98 should be rejected as false, rendering the suspension of licence arbitrary as being passed on non est ground. Lastly it has been contended that though the order is purported to have been passed pending cancellation of the licence, no case has been instituted against the petitioner for cancellation of licence.

(3.) THOUGH it would appear the relevant provisions of the Control Order were somewhat different