JUDGEMENT
SINHA, J. -
(1.) THE petitioner is a citizen of the Indian Union. In 1942, a license was Issued to him in respect of a D. B. B. 1 Gun by the District Magistrate of Balliah, U. P. In 1946, a fresh license was issued to him in respect thereof by the Commissioner of Police, Calcutta. In 1951, the petitioner applied for a license in respect of a .32 bore revolver, and it was granted to him, by indorsement on his gun license.
(2.) ON the 25th February 1952, the gun and revolver was taken away from the petitioner. On the 1st March 1952, the petitioner received the following communication from the respondent : From
The Commissioner of Police,
Calcutta
To
Janab H. Mohammed Vakil,
P. 31 Gonesh Ch. Avenue,
Calcutta.
Dated 1st March 1952
Subject :
By virtue of powers vested in me under section 18 of the Indian Arms Act, I hereby cancel your Arms license No. 18266 -XVI (Calcutta) in respect of one 12 bore D. B. B. L. Gun No. 471E/13089 by Manlicher Schoenauer and one .32 bore revolver No. 17840 by Smith & Wesson. I therefore advise you to arrange for immediate disposal of the said weapons and thirty six rounds of .32 bore revolver cartridges, now lying in deposit at this office.
Sd. Illegible.
Commissioner of Police.
Upon receipt of this communication, the petitioner addressed a letter to the Chief Minister pointing out that no reasons had been assigned for the cancellation and asking for redress. A copy of this letter was sent to the Commissioner of Police. On the 25th April 1952, the petitioner addressed a letter to the respondent referring to the above letter and asked for information as to how the matter stood. On the 8th May 1952, the respondent acknowledged receipt of the said letter and informed the petitioner that intimation would be sent to him as soon as possible. On the 10th May 1952, the private Secretary to the Chief Minister informed the petitioner that his letter had been forwarded to the Secretary, Home (Police) Department, Writers Building for disposal. On the 28th August 1952, the AssistantSecretary to the Government of West Bengal informed the petitioner that Government had considered his case carefully but regretted that they saw no reason to interfere with the decision of the Commissioner of Police, Calcutta. On the same day, the petitioner wrote to the respondent, referring to this letter and requested him to grant him a fresh license. On the 19th November 1952, the respondent replied saving that the matter was receiving attention and further communication would follow.
(3.) ON the expiry of 1952, the original license automatically would have expired unless it was renewed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.