RAKESH SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Rakesh Singh v. State Of U.P. And Others - WRIT - C No. 11303 of 2007 [2007] RD-AH 3747 (2 March 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ashok Bhushan, J.

Learned standing counsel prays for  and is allowed four weeks' time to file counter affidavit.  Rejoinder affidavit may be filed within two weeks thereafter.  List on expiry  of aforesaid period.

Counsel for the petitioner contended  that  in  the impugned order no satisfaction has been recorded within the meaning of  Section  17(3) of the Arms Act for suspending the arm licence. He submits that only observation  is that there is possibility of misuse of the   arm and on such general and vague premise the  licence cannot be suspended. Moreso,  the notice has been given asking the petitioner to show cause within 15 days.  The petitioner has prima  facie made out  case for grant of interim order. The order dated 22.12.2006  does not record any satisfaction for suspending the arm licence as contemplated  under Section 17(3) of the Act.

In the mean time the order dated 22.12.2006 in so far as it suspend the arm licence of the petitioner , shall remain stayed. However, the proceedings consequent  to the notice shall go on and shall be expeditiously disposed of.

D/-2.3.2007

SCS/11303

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