HEM SINGH KHINCHI S/O. SHRI BRHAMANAND SINGH KHINCHI, AGED ABOUT 71 YEARS, R/O. SECTOR NO.12, HANUMANGARH JUNCTION, DISTRICT HANUMANGARH, RAJASTHAN Vs. STATE OF RAJASTHAN THROUGH THE CHIEF SECRETARY, GOVERNMENT OF RAJASTHAN, JAIPUR, RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred to question correctness of the order dated 19.3.2013 passed by learned Single Bench in S.B. Civil Writ Petition No.6318/2012. By the order impugned, the learned Single Bench affirmed the order dated 04.2012 passed by District Magistrate, Hanumangarh suspending fire-arm Licence No.12/03 DM HMH/D.D.B.L. No.13186460 due to pendency of a criminal case for the offence punishable under Sections 341, 323, 353, 365, 147, 148, 149 and 120-B Penal Code read with Sec. 4/25 Arms Act.

(2.) The argument advanced by learned counsel for the appellant is that the learned Single Bench failed to appreciate that as per provisions of Sec. 17 of the Arms Act, 1959 the Licencing Authority may revoke a licence if it deem necessary for the security of the public peace or for public safety. Suspension of Arms Licence can also be made if that is found necessary for safety of the public peace and public safety. The Collector, Hanumangarh under the order impugned has not considered this aspect of the matter in his order.

(3.) Per contra, as per learned Additional Advocate General lodging of a criminal case itself is sufficient to have a conclusion that the appellant-petitioner is not a person fit to be continued with a firm-arm.