JAGARNATH GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is directed against the order dated 13-12-1999 passed by the Collector, Dhanbad and the order dated 26-2-2002 passed by the Commissioner. North Chotanagpur Division, HazarJbagh whereby the arms licence of the petitioner has been cancelled.

(2.) Petitioner is the holder of a rifle bearing No. 11563 and licence No. 2/1990 under Putki Police Station. On a complaint from OIC, Munidih (Dhanbad), the Deputy Commissioner suspended the licence of the petitioner and he was asked to file show-cause as to why his licence should not be cancelled. Since the petitioner was involved in a case instituted under Sections 147, 148, 149, 323, 324. 337 and 448 I. P. C., he was directed to deposit his arms and submit a show cause in a cancellation proceeding initiated against him. The Deputy Commissioner having no,t satisfied with the show -cause submitted by the petitioner, passed an order for cancellation of the licence. The petitioner then filed an appeal before the Commissioner. North Chotanagpur, Hazari-bagh being Arms Appeal No. 44 of 2000. It was argued before the Commissioner that the petitioner was acquitted in the criminal case. The Commissioner by the impugned order upheld the order passed by the Deputy Commissioner.

(3.) In the counter-affidavit filed by the respondents, it is stated that the criminal case against the petitioner was initiated for committing various offences and for rioting. The petitioner did not file any document even before the Commissioner to the effect that he was acquitted in the criminal case rather the petitioner was directed to deposit the arms during the Lok Sabha election held in 1998.