NASIM GORGANWI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners of both the Writ Petitions are same, who are jointly dealer in arms and ammuniation, and holder of licences in the name and style of M/s Janta Arms Store, Gaya and M/s Nasim and Company, Gaya. Licences of both the parties have been suspended by the District Magistrate, Gaya by two different orders of same date, i.e. 26th of November, 1976 (Annexure 1), they were subsequently cancelled by two different orders passed by the District Magistrate, Gaya, both dated 23rd of July, 1982 (Annexure 3). The appeal petitions in both the writ petitions have been rejected by common orders, dated 30th of April, 1985/2nd of May, 1985 (Annexure 5). The orders of suspension of licences, orders of cancellation and the orders passed by the appellate authority are same and similar in both the writ-petitions, thereby they are being heard together and disposed of by this common Judgment.

(2.) The original petitioner No. 1, Nasim Gorganwi started two businesses for selling arms and ammunition having obtained two licences for the same. Licence No. 7/66 was obtained in the name and style of M/s Janta Arms Store, Gaya (the subject-matter of C.W.J.C. No. 4123/85). Another licence No. 8/66 was obtained by said Nasim Gorganwi in the name and style of M/s Nasim and Company, Gaya. Subsequently on application made in terms of Rule 53(2) of the Arms Rules, 1962 in Form XXII, name of petitioner No. 2, Shri Wasim Uddin Ahmad, who is son of petitioner No. 1, Nasim Gorganwi was added as one of the partner in addition to the original one, namely, Shri Nasim Gorganwi, in both the cases.

(3.) The petitioners were continuing with their businesses of arms and ammunition, after renewal of licences year to year, when on 26th of November, 1976 their licences were suspended vide Annexure 1; subsequently cancelled vide orders both dated 23rd of July, 1982 (Annexure-3). Subsequently appeals were filed against such cancellation, as stated above, which appeals have been rejected vide order dated 30th of April, 1985/2nd of May, 1985 vide Annexure-5. Being aggrieved the petitioners have challenged the aforesaid orders of suspension (Annexure-1), orders of cancellation of licences (Annexure-3) and the appellate orders (Annexure-5). At this stage it is to be taken into note that on 23rd of November, 1976 an inspection was made by the Arms Magistrate, who submitted a report behind the back of the petitioners alleging therein violation of certain sections and rules. It was on the basis of the aforesaid report of the Arms Magistrate the impugned orders of suspension of licences dated 26th of November, 1976 (Annexure 1) were passed by the District Magistrate, Gaya in both the case suspending the licence No. 7/66 and Licence No. 8/66, respectively. It was alleged in the order of suspension that the Condition No. 1(a) of licence in Form XIII ; condition Nos. 3 and 8 of licence in Form XIV; Secs. 5 and 7 of the Arms Act, 1959 and Rules 45 and 47 of the Arms Rules, 1962 have been violated by the petitioners. While so suspending the licence it was further ordered in both the cases by the District Magistrate, Gaya, to file criminal cases under the Arms Act against the petitioners (dealers) for violation of Arms Act.