SHAH MOHAMMED Vs. STATE

JUDGEMENT

(1.) THE licence of the petitioner for possession of a 12 bore gun was cancelled by the Additional District Magistrate, Ganganagar, by his order dated 17th October, 1958, which runs as follows: - "whereas an information has been laid before me that you are an un-desirable person to hold any fire-arms. THErefore, your licence No. 3441 Sri Ganganagar District has been cancelled. You are hereby asked u/s. l6 (1) of the Indian Arms Act, 1872, to deposit your arms with the Licence immediately in Police Malkhana. "

(2.) THE petitioner filed a review petition before the Additional District Magistrate, which was rejected and an appeal by the petitioner against that order before the Commissioner-Bikaner, also failed. THE petitioner has filed this writ petition under Art. 226 of the Constitution challenging the order of cancellation of the licence by the Additional District Magistrate as inconsistent with the provisions of Sec. 18-A of the Indian Arms Act (hereinafter called the Act ). This writ petition is contested by the State of Rajasthan and a reply has been filed to the effect that the Superintendent of Police, Ganganagar, placed papers before the District Magistrate showing that the petitioner was an un-desirable person to hold the licence as he was abusing his licence by intimidating people with the fire arm. THE District Magistrate acted on that report and rightly cancelled his licence.