VINEET SARAN, J. - (1.) FATHER of the petitioner possessed a licenced double barrel breach loading gun. After his death, the petitioner filed an application for grant of an arms licence. After completing the formalities, an arms licence was issued to the petitioner and the gun of his father was transferred in his favour on such licence. Thereafter by an order dated 28 -10 -2002 passed by District Magistrate, Kannauj, Respondent No. 2, the arms licence of the petitioner was cancelled. The appeal filed by the petitioner against the order of the District Magistrate was also dismissed by the Commissioner, Kanpur Division, Kanpur on 31 -8 -2004. Aggrieved by the aforesaid orders dated 28 -10 -2002 and 31 -8 -2004 passed by the District Magistrate and the Commissioner respectively, the petitioner has filed this writ petition.
(2.) I have heard Sri Jag Narayan, learned Counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged and with consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage. The main ground for cancellation of the arms licence of the petitioner is that in the year 1988 a criminal case was registered against him, of which he did not disclose in the application made by him for grant of the arms licence. For deciding this question what is pertinent to be seen is as to whether under law the petitioner was obliged to make such a disclosure about pendency of a criminal case against him.
(3.) SECTION 13 of the Arms Act, 1959 (for short 'the Act') deals with grant of licence. Sub -section (1) of Section 13 of the Act reads as under: (1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.;