Decided on December 07,1954



Kapur, J. - (1.) The applicant has moved this Court for an order of Mandamus, as he calls it, to quash the order passed by the District Magistrate of Ferozepore, dated 31-101953, cancelling the applicant's licence for a revolver.
(2.) According to the applicant, he is a peaceful citizen of the Union of India, being a resident of Gidderbaha, an elected member of the village Panchayat and belongs to no political party. He owns about a hundred "shumaons' of land and was granted a licence for a revolver in about 1947 and he claims that he has not been convicted of any offence under the Arms Act or any rules made thereunder. His licence was cancelled under S, 18, Arms Act and he assails that order on several grounds given in para 6 of his petition.
(3.) The State has filed an affidavit in reply according to which the petitioner was not granted a licence for a revolver after considering the merits of the case but he got illegal possession of a revolver, and as that was registered a licence was granted. The State has placed on the record a fist of cases in which the applicant was convicted and of cases in which he was suspected of various offences of theft and of house-breaking. The State have submitted that they cancelled the licence because of the bad record of the applicant and they have also placed on the record a report by the Police which shows what kind of man the applicant is. This is marked Ex. R B. and I am quoting it 'in extenso' : "Sir, I have consulted the record of Police Station Kot Bhai. Really Godha Singh sum of Jabra Singh Jat, resident of village Gidderbaha, is a licensee of 38 bore 6 shots pistol No. 2740Z. He is found convicted under Section 110, Criminal P. C., once and has eight suspicions under Sections 457, 458 and 379, Penal Code, etc. He was also found convicted in a case under Section 13 of Act 3 of 1867 (The Public Gambling Act). Police Station Kot Bhai. . I am here in this 'thana' since 21/4 years. In this period this Godha Singh has not helped me in any case. I am astonished to see how this man got the licence. I have no objection if his licence is cancelled. The detailed vernacular lists of convictions and suspicions prepared by Assistant Moharrir are being attached herewith. His real brother Prem Singh is also found to be convicted in three cases and suspected in four cases. Their list is also attached herewith. Sd/- Mit Singh, S. H. O. 4-10-53. The report of the Sub-Inspector, Police Station Kot Bhai, is worth perusal. Submitted in original to the Deputy Superintendent of Police, Fazilka, cancellation of the licence for a revolver. Sd/- Karam Singh D. I. Gidderbaha, 10-10-53. Forwarded for favour of necessary orders. May be cancelled. Sd/- Jowala Singh, D. S. P. Fazilka, 25-10-53. He is a previous convict and H. Sheeler. His Arms Licence may be cancelled immediately. Sd/- Ajaib Singh, S. S. P. 31-10-53.";

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.