JAGDAMBA SINGH ALIAS MARKANDYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed for quashing the notice dated 4 7 1991 (Annexure 2) issued by the Deputy Collector in Charge, Law Section, Rohtas, by which he has asked the petitioner to show cause as to why his licence for rifle, bearing No. 671/5 86 be not cancelled. The petitioner was also informed by the said notice that his licence has been suspended by the District Magistrate with immediate effect and he has been directed to deposit the rifle within a week in the police station or to the authorised arms dealers.

(2.) THE necessary facts leading to the filing of the present Writ application are that the petitioner is a holder of licence for rifle granted by the District Magistrate, Sasaram. On 29 7 1989 one Krishnadeo Singh filed a written report before the Officer in charge of Baddi Police Station, stating, inter alia, that on the same day, i.e. 20 7 1989, the petitioner armed with rifle along with other five unknown persons armed with fire arms came at his plot No. 215 and started ploughing the land by the Tractor in which paddy crops were transplanted. On protest made by him the petitioner filed rifle shot which passed by side of his left shoulder, as a result of which he fell down. His life was saved due to intervention of the person's present there.

(3.) LEARNED Counsel appearing for the petitioner contended that the suspension of the licence for rifle during the pendency of the proceeding for cancellation of the licence as well as the direction to deposit (he fire arms is in violation of the principle of natural justice and as such the same is fit to be quashed. According to him though there is a power to suspend the licence Under Section 17(3) of the Arms Act but that power can be exercised only if the petitioner has been given an opportunity of hearing. The aforesaid provision does not authorise the licensing authority to arbitrarily suspend the licence and direct to deposit the arms during the pendency of a proceeding for cancellation of the licence.