Ravi S Dhavan, J. - (1.) THIS petition is directed against the order of the Commissioner, Jhansi Division, Jhansi dated 16 September, 1980 in appeal No. 19 of 1980, Lalloo Singh v. State. It is a matter under the Arms Act.
(2.) AN incident of 2 November, 1979 at the village of the petitioner, Lalloo Singh, being a subject matter of a police report saw his arms licence suspended and the weapon, a 315 bore rifle No. 750984 against licence No. 3069, surrendered at police station Ait, District Jalaun. The base for the suspension of the licence is the police report of 2 November, 1979. The report is to the effect, that there was an unlawful assembly and damage to public property when a number of villagers attempted to breach a dam for diverting the canal waters. The police report of 2 November, 1979, on the face of it makes it clear that in the text of the report the name of the petitioner Lalloo Singh is not mentioned. The names of other villagers have been mentioned but not of the petitioner Thus, the report in itself does not disclose that the petitioner Lalloo Singh may have had any part in being specifically indentified as a person who was part of an unlawful assembly or that he was the cause for damage to public property. A post script at the end of the report mentions the name of Lalloo Singh and the number of the asms licence of the petitioner with recommendation that it be cancelled This, thus, is the beginning of the controversy which occasioned a show cause notice to the petitioner calling upon him to explain why his licence ought not to be cancelled and requiring him to deposit his arms with the police station The petitioner complied with the order in depositing his fire arms with the police station concerned.
(3.) THE petitioner submitted his explanation which is not relevant now as the Additional District Magistrate who considered the matter in case No. 182 of 1979 after hearing the petitioner and the State, on the recommendation of the police, was intimated that the Superintendent of police. Jalaun has no objection to the return of the fire arm, and in effect, the continuation of the licence. This should have been the end of the controversy. Inevitably a time came when the licence had to be renewed On this the District Magistrate, Jalaun on 13 April, 1980, on the basis of the police report of 2 November, 1979 passed an order that in the public interest the arms licence of the petitioner should not be renewed.;