STATE OF U.P. THROUGH SECY. HOME DEPT. LUCKNOW AND OTHERS Vs. JASWANT SINGH SARNA

JUDGEMENT

(1.) JUDGEMENT This Special Appeal has been preferred against the judgement of a learned Single Judge allowing a petition under Article 226 of the Constitution

(2.) THE respondent carries on business as an arms dealer at Gorakhpur under the name Gorakhpur Arms Corporation and at Lucknow under the name Indian Arms Corporation. The licences held by the respondent in the name of the Gorakhpur Arms Corporation in Forms Nos. IX, X, XII and XIII and in the name of the Indian Arms Corporation in Forms Nos. IX, X and XII expired and the respondent applied for their renewal. The State Government by two separate orders dated August 17, 1964 refused to renew the licences. The orders purported to be under Section 14(1)(b)(i)(3) of the Arms Act. 1959 read with Section 15(3) of that Act. The orders declared that the State Government had reason to believe that the respondent was not fit to hold the licences. It came to that belief on information which appeared to show that the respondent had contravened the conditions of the licences The orders alleged a number of transactions in breach of the licences and falsification of the stock registers maintained by the respondent.

(3.) THE State of Uttar Pradesh now appeals.