SARYUG KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 11.10.2002 passed by the Divisional Commissioner, Munger in Arms Appeal No. 6/2001-2002 whereby the appeal preferred by the petitioner against the order of the Licensing Authority revoking the licence has been, dismissed for default. Further prayer made by the petitioner is to quash the order dated 31.1.2003 (Annexure-7) whereby the application filed for restoration of the aforesaid appeal, has been dismissed.

(2.) Short facts giving rise to the present application are that the petitioner held licence bearing No. 12 of 1996 for a non-prohibited bore arms. After the grant of the licence, he purchased the rifle on 7.9.1998. A proceeding for revocation of the licence was initiated against the petitioner and the Licensing Authority cancelled his licence. Against the said order, he preferred appeal before the Commissioner which was registered as Arms Appeal No. 6 of 2001, 2002 in which on 6.9.2002, petitioner filed hajri. On that date Commissioner called for the lower Court record and the case was directed to be listed on 4.10.2002. On the said date, petitioner was absent and a statement was made by the counsel for the State that notwithstanding the cancellation of the licence by the Collector, petitioner had not deposited the arms. Taking note of the aforesaid statement, the Commissioner observed that in case the petitioner does not do so

(3.) A supplementary affidavit has been filed on behalf of the petitioner in which it has been stated that the petitioner had surrendered the arms on 5.9.2001 and in support of the aforesaid assertion, certificate granted by the Sub Inspector of Police, has been placed on record.