Punjab-Haryana High Court
Santokh Singh vs State Of Punjab & Others on 28 March, 2011
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
CWP No.5472 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.5472 of 2011
Date of decision: 28.3.2011
Santokh Singh ......Petitioner(s)
Versus
State of Punjab & others ......Respondent(s)
CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. Ashish Gupta, Advocate for the petitioner.
Rakesh Kumar Garg, J.(Oral)
Vide this writ petition, a challenge has been made to the impugned orders dated 21.7.2010 and 23.2.2010 passed by the Commissioner, Faridkot Division, Faridkot and District Magistrate, Faridkot, whereby the Arms licence No.16023/DM/Faridkot belonging to the petitioner has been cancelled.
According to the averments made in this writ petition, the petitioner got an Arms Licence No.16023/DM Faridkot for a .12 bore gun on 12.3.1992. The said licence was renewed from time to time and ultimately it was extended upto 9.1.2011. According to the petitioner, he is a peace loving citizen and has never misused the weapon purchased by him on the basis of said Arms licence. It is his further case that he being member Panchayat is actively participating in local politics and due to the political rivalry many persons are having strained relations with him and the impugned order Annexure P-8, cancelling his licence has been passed without assigning any cause and legal reasons. It has been further argued that even the order passed by the Commissioner, Faridkot Division, Faridkot, in an appeal filed by the petitioner, is erroenous. A prayer has CWP No.5472 of 2011 2 been made to set aside the aforesaid two orders.
I have heard learned counsel for the petitioner and perused the contents of this writ petition and other documents placed on record.
Admittedly, FIR No.62 dated 12.5.2005 under Sections 452, 336, 506, 34 IPC read with sections 25/54/59 of the Arms Act at Police Station, City, Faridkot was registered against the petitioner and he was sent to trial in this case. However, the petitioner was acquitted in the aforesaid case on 18.5.2009 vide judgment Annexure P-2 passed by the Judicial Magistrate 1st Class, Faridkot. It is also a matter of record that another FIR No.11 dated 13.1.2009 under Sections 447, 440, 427, 506, 34 IPC has been registered at Police Station Kot-Kapura Sadar, District Faridkot, against the petitioner and the said FIR is still pending and trial is in progress.
It is not in dispute that the Senior Superintendent of Police vide Annexures P-6 and P-7 has submitted his report to the District Magistrate, Faridkot and has recommended to cancel the Arms licence of the petitioner. While recommending cancellation of the Arms licence, the SSP Faridkot has observed that FIRs are pending against the petitioner and there may be any untoward incident with the licenced gun at any time. On the basis of the aforesaid recommendations, a show cause notice was issued to the petitioner to which reply was filed and the licence of the petitioner was cancelled vide impugned order dated 23.2.2010. The relevant part of the said order reads as follows:
"After perusal of the record of the file and after hearing the ld. Counsel of the license holder, I come to the conclusion that the Senior Superintendent of Police, Faridkot has not recommended for the renewal of the Arms license of the license holder in his reports. From the reports of the Senior Superintendent of Police, Faridkot, it has also been proved that the license holder CWP No.5472 of 2011 3 is not a person of good character. So, by keeping into consideration the reports dated 23.6.2009 and 9.10.2009 of Senior Superintendent of Police, Faridkot, the Arms License No.16023/DM/Faridkot of Sh. Santokh Singh son of Jalaur Singh, resident of Village, Sirsri, Tehsil and District Faridkot is cancelled. For finalization of the .32 bore revolver No.A55809 mentioned on the license, 3 months' time is given on the condition that the above said Arms may not be required by the police department in any case. Copy of the order be sent to SSP, Faridkot and office incharge License and Passport Branch and to the Licensee for further action."
Aggrieved from the aforesaid order, the petitioner filed an appeal before the Commissioner, Faridkot Division, Faridkot. While dismissing the appeal vide Annexure P-10, the Commissioner, Faridkot Division, Faridkot observed as under:
"I have considered the arguments advanced by both the sides and have also gone through the record. From the perusal of the record, it is apparent that the Arms License of the appellant was cancelled by the District Magistrate on the basis of reports of the Senior Superintendent of Police, Faridkot, whereby he has reported that the character of the appellant is not up to the mark and he can cause danger to the Society at any time. The appellant has placed on record a copy of the judgment dated 18.5.2009, passed by Mr. Balwant Singh, PCS, Judicial Magistrate 1st Class, Faridkot, whereby he was acquitted in the case FIR No.62 dated 12.5.2005, but he has failed to disclose about the result of the another case registered against him vide FIR No.11 dated 30.1.2009. The appellant as well as his counsel have failed to rebut the reports of the Senior Superintendent of Police, Faridkot, where it has specifically been mentioned that the character of the appellant is not up to the mark and he with his licensed Gun can cause threat to the society at any time, nor the CWP No.5472 of 2011 4 counsel for the appellant has been able to show as to why the said reports are false. In these circumstances, I do not see any force in this appeal and consequently the same is hereby, dismissed."
From the perusal of the aforesaid orders, I find that on the recommendations of the Senior Superintendent of Police, Faridkot, the District Magistrate, Faridkot has cancelled the Arms licence of the petitioner. Admittedly, it is the District Magistrate who is to maintain law and order under his jurisdiction and if he is satisfied that it was necessary to pass such kind of order, he is competent to do so. Not only this, even the aforesaid order passed by the District Magistrate, Faridkot has been upheld by the Commissioner, Faridkot Division, Faridkot who has observed that the petitioner was unable to rebut the report/recommendations of the SSP, Faridkot.
Thus, I find no merit in this petition.
Dismissed.
March 28, 2011 (RAKESH KUMAR GARG) ps JUDGE