LAWS(JHAR)-2004-5-20

SARDAR VEER SINGH Vs. STATE OF JHARKHAND

Decided On May 14, 2004
SARDAR VEER SINGH Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Petitioner is challenging the order passed by the licensing authority as also the Commissioner, being the appellate authority, whereby the arms licence, granted to the petitioner, has been cancelled.

(2.) It appears that in 1992, a criminal case was instituted against the petitioner and his two sons wherein charge sheet was submitted. In 1998, the licence of the petitioner was suspended and he was directed to show cause as why the licence be not cancelled. The petitioner submitted his show cause and, therefore, by order dated 18-11-2000 respondent No. 2, licensing authority, cancelled the arms licence. The petitioner aggrieved by the said order, preferred an appeal before the Commissioner. North Chotanagpur Division, Hazaribagh, which was dismissed.

(3.) Mr. P.S. Dayal , learned counsel appearing for the petitioner submitted that no valid reasons have been assigned by the respondents, while cancelling the arms licence of the petitioner. Learned counsel further submitted that the petitioner was discharged in the criminal case and, therefore, initiation of the criminal case is not a ground for cancelling the licence. Learned counsel further submitted that suspicion of licence was also bad in law for the reasons that discharge of the petitioner from criminal case amounts to complete exoneration from any charge.