RAJDHANI ARMS AMMUNITION DEALER Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 12th of August, 2002 passed by the State Government whereby duplicate licence No. 3 of 1991 in Form XII has been cancelled and the petitioner has been directed to deposit all the arms and ammunition in the shop or at nearest Police Station.

(2.) SHORT facts giving rise to the present application are that the petitioner holds licence in Form XI and XII, In the year 1991, it was issued a duplicate licence in Form XII which contained the entry of 5000 cartridges for non-prohibited rifle and 5000 for revolvers and pistols. According to the respondents, petitioner got it interpolated to 25000 and 15000 respectively. Accordingly, a show cause notice was given to the petitioner as to why its licence in Form. XII be not cancelled. Petitioner filed its show cause, inter alia, contending that no interpolation has been made by it and, in fact, the increase in the number of cartridges has been in pursuance of the recommendation of the District Magistrate vide its letter No. 2624 dated 28-8-1990. Petitioner further contended that notwithstanding the increase in the number of cartridges, the petitioner had not dealt with the cartridges more than what was entered in the licence earlier. The Licensing Authority considered the show cause of the petitioner and by the impugned order, cancelled the petitioners licence issued to it in Form XII.

(3.) HAVING appreciated the rival submissions, I find substance in the submission of Mrs. Khan. In my opinion, the case is squarely covered by a decision of this Court in the case of Vishwanath Pandey (supra). To me, it seems that unauthorised entry in the licence was inadvertently made in the office of the Licensing Authority for which no blame could be put on the petitioner. Needless to state that in case, in future, the petitioner breaches the terms and conditions of the licence, respondents shall have authority to proceed against it in accordance with law.