Ayodhya Prasad Tiwari vs State of U.P.& Ors.

K.C. Bhargava, J.—This petition has been filed by the petitioner for quashing notice, dated 27121991, Annexure6 issued by the District Magistrate, Gonda for showing cause to the petitioner as to why such licence of the gun be not cancelled.

Learned Counsel for the petitioner as well as learned State Counsel have been heard and they agree that this petition may be finally disposed of at this stage. Learned Counsel for the petitioner has argued that vide Annexure No. 6 a notice was issued to the petitioner on 27121991 alleging therein the eight criminal cases are pending against the petitioner and as such it constitute a danger to the security of the public hence cause may be shown as to why the gun licence be not cancelled. Learned Counsel has argued that a similar notice was issued to the petitioner on the same facts on 28111987, copy of which is Annexure 1. A perusal of this notice will go to show that all the cases which have been shown in the notice, dated 28.11.1987 had not also been shown in the impugned notice dated 27121991. According to the learned Counsel the previous notice, dated 28111987 has been set aside by the District Magistrate Gonda vide order, dated 321989, contained in Annexure2. A perusal of this order will go to show that at that time except case Crime No. 71 of 1985 and 131 of 1986 rest of the cases are those cases which were pending and which were before a grant of licence and the gun licence was granted after the report of the police. Therefore all these cases which are pending have to be ignored on consideration on the basis of the fact on record at that time. The learned District Magistrate withdrew the notice, dated 28111987.

Now in the present process the same cases have been taken into consideration and a fresh notice has been issued. According to the learned Counsel, before this notice was issued, the petitioner was called to the police station and his gun and the licence was got deposited in the police station. For this purpose he has placed a receipt which is contained as Annexure5 to the writ petition. A perusal of Annexure5 goes to show that on 21111991 the gun and the licence of the petitioner was taken into custody by the police. It will not be out of place to mention that the notice was issued to the petitioner specifically on 271291, it does not show as to why the gun and the licence was got deposited by the police at Police Station Motiganj, Gonda before issuance of notice for cancellation of the licence. Even in the notice the petitioner has not been directed for the deposit of the gun and the licence. Therefore the deposit of the arms by the police at police station before issue of the notice was also illegal Act on the part of the police.

In view of what has been said above the petition is allowed and the notice, dated 27121991 contained in Annexure6 to show cause as to why the gun licence be not cancelled, is quashed. There will be no order as to costs. The opposite parties are directed to handover the gun and the licence to the petitioner within 24 hours from the date of production of a certified copy of this order. Petition allowed.