GRAND PRIX ARMS STORES Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 18th of June, 1999 (Annexure-10) passed by the State Government whereby the arms licence granted to the petitioner has been cancelled. Further prayer made by the petitioner is to quash the order dated 20-11 -2000 (Annexure-11) whereby the petitioner has been directed to deposit all arms and ammunition to another licensee.

(2.) Short facts giving rise to the present application are that the petitioner had arms licence in Form XI for repair, test other than proof test, sale or transfer etc. for arms of non-prohibited bore and prohibited bore viz. rifle, revolver, pistol, B.L./ML gun. Later on it came to the notice that the authority to grant licence for prohibited bore arms of and ammunition is the Central Government and the same was incorporated in the licence of the petitioner by manipulation. Accordingly a show cause notice was given to the petitioner as to why its licence be not cancelled. Petitioner submitted its reply stating therein that notwithstanding the fact that petitioner possessed licence for prohibited bore arm, still it never accepted any prohibited bore arm for repair. The State Government on consideration of the reply given by the petitioner, by the impugned order cancelled the licence.

(3.) Counter-affidavit has been filed on behalf of respondent Nos. 1 to 3 in which the assertion made by the petitioner that it never accepted any prohibited bore arm for repair has not been denied.