RAJDHANI ARMS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the State.

(2.) This writ petition has been filed for quashing order dated 23/25.03.2004 (annexure-14) vide memo No. 3270 and also for quashing notice dated 23.03.2004 (Annexure-15) vide memo No. 3120, both issued under the signature of the Deputy Secretary, Department of Home (Police), Govt. of Bihar (respondent No. 3). By the impugned order, the authority concerned rejected the application of the petitioner firm for increasing the numbers of arms and ammunitions allowed to be kept by the petitioner firm in the licence already granted by the authorities, whereas, by the impugned notice, a show cause was called for from the petitioner as to why his licence for keeping and selling arms and ammunitions be not cancelled.

(3.) Learned Counsel for the petitioner submitted that as far back as in the year 1998, the petitioner applied for grant of arms trade licences in Form Nos. XI, XII, XIII and XIV of the Arms Rules, 1962 (hereinafter referred to as the 'Rules' for the sake of brevity) before the authority concerned who subsequently allowed the said application on 12.4.2002 (Annexures 5 and 6) and granted licence under Form Nos. XI and XII of the Rules, but that was done only after the direction of this Court vide order dated 18.02.2002 (annexure-3) passed in CWJC No. 14875 of 2001. The said permissions were with respect to 50 N.P. Bore Rifles, 50 Revolvers/ Pistols and 50 Guns under Form XI, whereas it was for 30 Rifles, 10 Revolvers, 10 Pistols, 5,000 ammunitions for Rifle, 1,000 ammunitions for Revolver and 1000 ammunitions for Pistol under Form XII.