MOHD BIN SALAM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed declaring impugned Memo No.18496/Arms/2016 dtd. 6/1/2018 issued by the 1st respondent as illegal, arbitrary and voilative of Articles 14 and 21 of the Constitution of India and also against the provisions of Arms Act, 1959. The petitioner also sought for a consequential direction to the respondents to renew his Arms Licence pertaining to the weapons i.e., (1) .32 NPB Revolver No.B-73534 (2) 12 Bore DBBL Gun No.G- 51904 and (3) .22 Rifle No.93101137w.

(2.) It is not in dispute that the petitioner was given arms licence in the year 1991 for possessing three weapons i.e., (1) .32 NPB Revolver No.B-73534 (2) 12 Bore DBBL Gun No.G-51904 and (3) .22 Rifle No.93101137w. The said licence was renewed from time to time. It is stated that whenever the respondent police demanded and instructed the petitioner to surrender and deposit the weapons, the petitioner obeyed and deposited the weapons before the concerned authorized police station or authorized depository. While so, a show-cause notice dtd. 26/5/2011 was issued calling upon the petitioner to explain why his arms licence should not be cancelled. In the said show-cause notice, it is stated that the elder brother of the petitioner by name Ahmed Bin Salam is facing eight criminal cases and in his confession statement, he alleged that he has used the gun belonging to the petitioner herein in civil disputes.

(3.) Sri D.Prakash Reddy, learned Senior counsel appearing for the petitioner submits that such allegation is per se false and without any evidence on record. There is no document filed by the police to show that the weapons of the petitioner were recovered during investigation in the criminal cases registered against the brother of the petitioner. The petitioner has submitted a detailed explanation dtd. 2/7/2011 to the show-cause notice issued by the 3rd respondent contending that he does not have any business relations with his elder brother, he has never violated the provisions of the Arms Act, he was not involved in any criminal cases and his arms licence was in safe custody deposit with arms dealer since MLC Elections in the year 2011. The petitioner has applied for renewal of his arms licence on 4/5/2012, however, vide Memo No.HM-3/Arms/596/Banjara Hills, dtd. 19/7/2012, the arms licence of the petitioner was cancelled invoking the provisions of Sec. 17(3) (b) and (d) of the Arms Act, 1959.