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Ganga Ram v. Commissioner, Moradabad - WRIT - C No. 5571 of 2004 [2004] RD-AH 299 (9 July 2004)


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Court No.37

Civil Misc. Writ Petition No. 5571 of  2004

Ganga Ram v. Commissioner, Moradabad Division, Moradabad and others.

Hon'ble R.K.Agrawal, J.

Vide order dated 11th February, 2004 the Court had granted a month's time to the learned Standing Counsel, who represents the respondents,  to file counter affidavit.  The matter was directed to be listed on 19th April, 2004.  On 19th April, 2004 when the case was taken up as the counter affidavit had not been filed  till then on the request of the learned Standing Counsel the Court had granted one month and no more time to file counter affidavit while directing the writ petition to be listed on 7th July, 2004.  Despite the stop-order counter affidavit has not been filed so far.  Today when the case was taken up, a prayer was made by the learned Standing Counsel for granting further time for filing counter affidavit.  Sufficient time has already been granted to the learned Standing Counsel for filing counter affidavit and about five months have passed but the counter affidavit is not forthcoming. There is already a stop-order.  Therefore, this Court is not  inclined to grant any further time and proceeds to decide the matter on the basis of the two orders passed by the licensing authority and the Commissioner in the appeal filed by the petitioner.

Heard Sri Amit Mishra, learned counsel for the petitioner,  and the learned Standing Counsel.

Learned counsel for the petitioner submitted that the petitioner had been issued a fire arms licence in the year 1966 and except one criminal case there was no other material which could have warranted initiation of proceedings for cancellation of fire arms licence.  He further submitted that in the case which is the basis for initiating the proceedings for cancellation of fire arms licence he has been acquitted by the Sessions court and, therefore, the order cancelling the arms licence is not justified.  He further submitted that the Commissioner had committed manifest error in rejecting his appeal.

The learned Standing Counsel submitted that the fire arms licence of the petitioner had rightly been cancelled as he was named in a criminal case and if he is permitted to retain the firms arms licence it would be danger to public peace and public safety.

Having heard the learned counsel for the parties, I find that it is not in dispute that the proceedings for cancellation of the petitioner's fire arms licence were initiated on the basis of his involvement in the criminal case in which he has been acquitted   by the Session Court.  Thus, the very basis on which the proceedings for cancellation of licence were initiated disappears. This Court in the case of   Raghubir Singh v. Commissioner, Jhansi Division, Jhansi & others, 2002(2) JIC 987 held that mere involvement of a person in a criminal case does not affect the public security or public interest and merely on this ground the arms licence cannot be cancelled.

In view of the foregoing discussion, impugned order dated 24.12.2003 and 29.9.2003 cannot be sustained and are hereby set aside.  The writ petition succeeds and is allowed.




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