- (1.) Petitioner has filed this writ petition challenging the order dated 21.10.1993 (Annexure III to the writ petition) whereby the District Magistrate has issued general order suspending all licences of arms issued under Arms Act and directing for the deposit of the licenced arms forthwith. It was further directed thereby that these arms shall remain in deposit till one week after the date of declaration of results of elections to U.P. Assembler. This order has been passed under Sec. 144 Cr.P.C. and Sec. 17(3)(b) and 21(1) of the Arms Act on the report of the Superintendent of Police, Etah in order to prevent breach of public peace and public order during election to the Assembly. I have heard learned counsel for the petitioner and the learned Standing Counsel. As the only controversy involved in this writ petition is about the jurisdiction of the District Magistrate to pass such an order, this writ petition is being disposed of with the consent of the learned counsel for both the parties without calling for any counter affidavit.
(2.) From the perusal of the impugned order, it is apparent that what has been passed is a final order of suspension of all arms licenses in the district, though for a limited period, and it is not an interim suspension pending inquiry regarding revocation of the licence and further that this order has been passed without giving any notice and opportunity of being heard to the licencees. This is admitted in the order itself. An order of suspension under Section 17(3) of Arms Act other than an interim suspension pending inquiry, cannot be passed without giving any notice to the licencees. That apart, the licence cannot be suspended under this provision by a general order. Without revocation or suspension of Arms licence, a licencee cannot be directed to deposit this arms. In the instant case there is no valid order of suspension or revocation and as such, direction for deposit of the arms cannot be sustained.
(3.) An Arms licencee can neither be suspended nor can licensed arm required to be deposited under Sec. 144 Cr.P.C., although an order prohibiting to carry an arm in public places can be passed under it. Similarly, such an order cannot be justified under Sec. 21(1) of the Arms Act also. The order, as such, cannot be sustained.;