- (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS special appeal has been filed against the judgment and order dated 30.7.2007 passed by His Lordship sitting singly in Writ Petition No. 38237 of 1993 dismissing the writ petition on the ground that the findings recorded by the District Magistrate qua violation of the conditions and the statutory provisions has not been questioned before the Court.
(3.) THE contention of learned counsel for the petitioner/appellant is that the writ petition was filed challenging the order of the District Magistrate dated 30.08.1993 by which he had cancelled the license granted in Form 13 and 14 on the basis of an FIR dated 07.08.1993 as well as order dated 28.09.1993 passed by the Commissioner in appeal. With regard to charges on the basis of which license was cancelled, learned counsel for the petitioner/appellant submits that all the charges were identical and similar to the allegation in the criminal proceedings as by the judgment dated 11.12.2001 the petitioner was acquitted and found not guilty of all the charges and, therefore, findings to the contrary recorded in the proceedings for cancellation of license were unfair and oppressive. He further contends that the order of the District Magistrate dated 30.08.1993 as well as order dated 28.09.1993 passed by the appellate authority is perverse as the same does not contain any reason. The second ground on which the order is challenged is that under Section 17(3) of the Arms Act, the license can be cancelled in case petitioner had sold rifle in black market; the petitioner had not given any information about the sale to the District Magistrate; the rifles were sold to the persons residing out of the District Pilibhit and that order of the District Magistrate prohibiting sale of 5 rifles was not complied with. It is further contended that in the present case, only Section 17(3)(d) of the Act will be applicable i.e. that the condition of the license has been contravened. The license in the present case was in Form 13 and 14 and none of the conditions mentioned in Form 13 and 14 were violated. Moreover, condition no. 20 provides that no licensee shall refuse the sell arms or ammunitions to any person, who is entitled to purchase under the Act.;