RAJ KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 20.10.2016 passed in Arms Appeal no. 49 of 2015 by the learned Commissioner, Magadh Division, Gaya, whereby and whereunder the learned Commissioner has been pleased to confirm the order dated 28.02.2013 passed by the Collector, Gaya who has canceled the Gun License no. 3426 of 1991 and the Rifle License no. 3389 of 1990 of the petitioner herein on the ground that 11 criminal cases are pending against the petitioner.

(2.) The brief facts of the case are that the petitioner was granted two arms license, after following the due process of law, one for the D.B.B.L. gun bearing Gun License no. 3426 of 1991 and another for Rifle bearing Rifle License no. 3389 of 1990. Both the licenses were renewed from time to time as per the provisions of law. The petitioner along with others was named in Rampur PS case no. 232 of 2012 pursuant to which search was conducted by the police at Petitioner's residence and D.B.B.L. gun along with some empty cartridges were recovered. Subsequently, the petitioner in the month of January, 2015 went to the office of the District Collector, Gaya to get the aforementioned arms licenses renewed, where he was informed by the office clerk of the District Magistrate's office that his licenses have already been cancelled. On being given the information about the cancellation of the arms licenses, the petitioner applied for the copy of the cancellation order passed by the District Collector, Gaya dated 28.02.2013 vide Memo no. 65 dated 01.03.2013 and got the certified copy of the same on 08.01.2015. The arms licenses of the petitioner was cancelled with immediate effect and the petitioner was directed by the District Magistrate, Gaya to deposit the arms in the Civil Lines police station. The order was passed in light of recommendation made by the SHO, Rampur vide Letter no. 2077/12 dated 31.12.2012, where it was stated that petitioner was named in Rampur PS case no. 232 of 2012 and was person with a criminal background, having eleven criminal cases pending against him, which was further affirmed by the Superintendent of Police (City), Gaya vide letter no. 318 dated 28.01.2013. The petitioner had then deposited his arms having Rifle License no. 3389 of 1990 along with 10 rounds of ammunition in the Civil Lines PS on 10.01.2015.

(3.) I have heard the learned counsel for the parties and perused the materials on record. First, coming to the order dated 28.02.2013 passed by the District Magistrate, Gaya, whereby and whereunder two arms licenses of the petitioner has been cancelled, it is noticed that the reason for cancellation is pendency of 11 criminal cases against the petitioner herein. This Court has also perused the order dated 20.10.2016 passed by the learned Commissioner, Magadh Division, Gaya in Arms Appeal no. 49 of 2015, wherein the submission of the petitioner to the effect that out of the 11 pending criminal cases, he has been acquitted in 08 criminal cases and only 03 cases are pending for investigation, in which the petitioner is on bail, has been considered, however it has further been noted that out of the 11 criminal cases, the petitioner has produced acquittal orders of only 06 cases, however there is nothing on record to suggest that the petitioner has been acquitted in the rest of the criminal cases, hence five other criminal cases are pending against the petitioner herein, thus the learned Commissioner has come to a conclusion that the petitioner herein has got a criminal antecedent, hence there is no reason to interfere with the order passed by the District Magistrate, Gaya dated 28.02.2013.