- (1.) Heard learned counsel for the petitioner and the learned Standing Counsel. Pleadings have been exchanged between the parties and with the consent of the learned counsel for the parties, the writ petition is being finally disposed of. By this petition, the petitioner has prayed for quashing the judgment and order dated 27.7..2007 passed by the District Magistrate, Hamirpur cancelling the firearm license of the petitioner as well as the order dated 22.11.2007 passed by the Commissioner, Chitrakoot Dhamm Division dismissing the appeal filed by the petitioner under Section 18 of the Arms Act, 1959.
(2.) The facts are that a notice was issued to the petitioner under Section 17 of the Arms Act, 1959 (hereinafter referred to as the 'Act') requiring him to show-cause as to why the license may not be cancelled. The said notice was issued on the allegations that he is involved in case crime No. 9/87 under Section 302/341 IPC Police Station Chikasi, case crime No. 128/05 under Section 307 IPC, Police Station Chikasi, case crime No. 15/96 under Section 18/20 N. D. P. S. Act, Police Station Chikasi, case crime No. 33/1998 under Section 3 of U. P. Control of Goonda Act, Police Station Chikasi, case crime No. 59/01, under Section 110 Cr. P. C, Police Station Chikasi, case crime No. 309/06 under Section 110 Cr. P. C., Police Station Chikasi, N. C. R. No. 13/01 under Sections 323/504/506 IPC, Police Station Chikasi and case crime No. 185/88 under Section 25, Arms Act, Police Station Kotwali, Orai. Notice also stated that the petitioner wrongly gave an affidavit dated 21.1.2005 along with the application for fire-arm license that no criminal case is registered against him in any Police Station throughout India and he obtained the license by giving false affidavit and suppressing material information as such it was liable to be cancelled under Section 17(3) (c) of the Act.
(3.) In the reply to the show-cause notice submitted by the petitioner, it was stated that ever since he was issued the fire-arm license, no criminal case has been registered against him and that the cancellation proceedings have been initiated on a false complaint made against him on account of political rivalry. It was also stated that in case crime No. 9/87 under Section 302/341 IPC, Police Station Chikasi he has been acquitted vide order dated 15.6.1990 in Sessions Trial No. 213 of 1988, in case crime No. 128/95 under Section 307 IPC he has been acquitted vide order dated 31.1.2000 passed in Sessions Trial No. 345 of 1995. In respect of case crime No. 15 of 1996 under Section 18/20 N. D. P. S. Act, it was stated that the case has been decided on 7.8.2002 and he has been released by Special Judge (NDPS) Act, Hamirpur on the sentence already undergone. In case crime No. 33/ 98 under Section 3 of the U. P. Control of Goondas Act, the petitioner has been discharged vide order dated 10.1.2000 and in case crime No. 185 of 1988 under Section 25 of the Arms Act, the petitioner has been acquitted vide order dated 17.1.2001. With respect to case crime No. 59 of 2001 and case crime No. 309/06 under Section 110 Cr. P. C. as well as NCR No. 13/01 under Section 323/504/506 IPC, it was stated that the same were not within the knowledge of the petitioner.;