AMAR SINGH NEGI Vs. DISTRICT MAGISTRATE KINNAUR
HIGH COURT OF HIMACHAL PRADESH
AMAR SINGH NEGI
DISTRICT MAGISTRATE KINNAUR
Click here to view full judgement.
V.D.MISRA,C.J. - -
(1.)The petitioner challenges the cancellation of the arms licence issued to him by the District Magistrate, Kinnaur.
(2.)Licence No. KNR -18/64 for a 12 bore single barrel breach loading gun was duly issued to the petitioner in the year 1964. He had been keeping a gun under this licence. On 15 -2 -1974 a notice (Annexure -A) was received from the District Magistrate, Kinnaur District, asking the petitioner to show cause why the licence should not be revoked under Section 17 of the Indian Arms Act, 1959 and the arm confiscated to the Government. The petitioner duly showed cause but the District Magistrate, by his order (Annexure -B) dated 21 -2 -1975 revoked the licence. The petitioner was allowed to sell his gun to some other licence holder within six months failing which the gun was to stand forfeited to the Government. The petitioner appealed to the Chief Secretary but in vain. He has now come to this Court praying for a writ of certiorari and/or other direction to the respondents to quash and set aside the impugned order.
(3.)Mr. Prem Goel, learned counsel for the petitioner, contends that no valid notice was issued to the petitioner. He also contends that the respondents were under a duty to hold an enquiry into the matter before taking a decision. In other words, the petitioner has been denied an opportunity to meet the case set up against bin. Mr. Paul, who appears for the respondents, submits that the petitioners licence was cancelled under the provisions of clauses (a), (b) and (d) of sub -section (3) of Section 17 of the Arms Act. He says that there is enough evidence on record to show that the petitioner has contravened the conditions of the licence.
Copyright © Regent Computronics Pvt.Ltd.