SANGEET LODHA,J. - (1.) This writ petition is directed against order dated 13.8.12 of Divisional Commissioner, Jodhpur, whereby an appeal preferred by the petitioner under Section 18 of Arms Act, 1959 (for short 'the Act'), against the order dated 19.4.12 of the District Magistrate, Barmer, refusing to renew the arms license issued in his favour and cancelling the same, stands dismissed.
(2.) The petitioner was granted arms license bearing no.2515/85 by the District Magistrate, Barmer for a Bore Rifle Mojer, AG. The license was renewed from time to time which was valid upto 2009. On 20.12.09, the petitioner applied for further renewal of the license by submitting an application in prescribed form along with an affidavit before the District Magistrate, Barmer. The SHO, Police Station, Choutan and Circle Inspector, Choutan Circle, vide their letter dated 13.5.10 conveyed their "No Objection" to the Superintendent of Police, Barmer. However, the Superintendent of Police, Barmer, on account of the criminal cases registered against the petitioner in past, recommended not to renew the license. Relying upon the report submitted by the Superintendent of Police, Barmer, keeping in view the criminal record of the petitioner, the District Magistrate, Barmer, refused to renew the license and cancelled the same vide order dated 19.4.12. Aggrieved thereby, an appeal preferred by the petitioner under Section 18 of the Act, stands dismissed by the Divisional Commissioner, Jodhpur. Hence, this petition.
(3.) Learned counsel for the petitioner submitted that all the criminal cases barring one, were registered upto the year 1999. It is submitted that the criminal case registered against the petitioner on 11.11.09 is only for the petty offences under Sections 341, 323 and 447 IPC. Learned counsel submitted that the license was issued in the year 1985, which was renewed from time to time upto the year 2009, and thus the criminal cases alleged to have been registered against the petitioner were obviously considered while granting last renewal in the year 2006. Learned counsel submitted that it is not the case against the petitioner he has ever misused the arms covered by the license issued in his favour. Learned counsel urged that mere pendency of the criminal case cannot be a ground to refuse the renewal of license. In support of the contention, learned counsel relied upon a Bench decisions of this Court in the matters of "Khem Singh v. State of Rajasthan and Ors." 2005 (1) RDD 431 (Raj.) and "State and Ors. v. Sahab Ram", 2011 WLC(Raj.)(UC) 230.;