MATHURA PD.SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed for quashing of the order as contained in Annexure- 4 dated 13.07.1999 passed by the District Magistrate, Nalanda in Arms Case No. 1 of 1997 by which the petitioner's arms license was cancelled.

(2.) THE ground of cancelling the license was that the petitioner was made accused in Makhdumpur Police Station Case No. 124 of 1996 under Sections 302, 337, 323, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner who retired as the Officer-in-charge, Rafiganj. He has submitted that in the year 1996, he had deposited his rifle no. 812487 before the Sergeant Major, Aurangabad, which is still in the Aurangabad Police Line.

(3.) IT is the specific case of the petitioner that he had deposited the rifle on 27.04.1996, where the occurrence took place on 30.07.1996. The fact that the rifle was deposited in the Police Station should have been determined by calling for the records of the Police Station concerned, which would have amply shown whether the plea of the petitioner was correct or not.