DEV KARAN Vs. DISTRICT MAGISTRATE NAGPUR

JUDGEMENT

(1.) This writ petition has been filed for quashing the order of the District Magistrate. Nagpur dated May 23. 1989 (Annexure 1) by which he has directed the petitioner to immediately deposit his 12 bore gun along with the licence and to show cause as to why the licence be not cancelled and the gun be confiscated.

(2.) In reply to the show cause notice, it has been stated that the notice has been issued under Section 17. Arms Act (hereinafter to be called as the Act) on the report of the police to the effect that the relation in between the petitioner and Tulsi Ram have become very strained and the gun may be misused.

(3.) It has been contended by the learned counsel for the petitioner that the surrender of the licence can be ordered only after its suspension or revocation. He further contended that the production of the licence was not required for varying its conditions and as such the provisions of Section 17(1) of the Act were not attracted. He lastly contended that no notice was issued before passing the order for the production of the licence and the gun.