NARENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) WE heard the counsel for the appellant Mr. Ajay Kumar and the Government Counsel Mr. Mohan Kumar Singh.

(2.) THAT the appellant is accused in a criminal case (Sessions Trial no.517 of 1992) is not in dispute. That he has been charged of the offences punishable under Sections 147, 148, 149, 153A, 153, 295, 295A, 297, 298, 447, 427, 188, 120B, 232, 337, 307, 353 and 505 of the Indian penal Code is also not in dispute. His license of Rifle no. 91 - Ag - 0599 was cancelled by the District Magistrate, East Champaran, Motihari, after giving a show cause notice to him. The licence seems to have been cancelled by the District Magistrate in exercise of the power conferred on him under Section (3)(a) of the Arms Act, 1959 (for short, 'the Act 1959 '), purportedly for the reason that he was found unfit for a licence being accused in the aforesaid criminal case.

(3.) THE order dated 25th May, 1992, whereby the licence issued to the appellant was cancelled by the District Magistrate, Motihari, was challenged in an appeal before the Commissioner, Tirhut Division, Muzaffarpur, under Section 18 of the Act 1959. The appeal, too, has been dismissed by the order dated 7th January, 2004.