IMPORTANT POINT
When punishments are found to be varying from case to case after taking all aspects and factors into consideration and appear to be just, no interference would be warranted.

Judgment :-

A.M. Khanwilkar, J.

1. This Writ Petition under Article 32 of the Constitution of India has been filed by an Advocate practicing before this Court raising public interest issue regarding illegal selling of “Prohibited/NSP bore-weapons” obtained by the Army Personnel through Central Ordinance Depot (COD), Jabalpur on the basis of the order passed by the Allotment Committee. It is alleged that the weapons have been sold to the general public including to persons with criminal records, in breach of relevant Rules and provisions of the Arms Act, 1959. The petitioner has relied on the enquiry report of the Collector, Sriganganagar, dated 3rd July, 2007 which, according to him, has enlisted the names of Army Personnel, who had indulged in illegal sale of such prohibited weapons to the general public and people having a criminal background, including anti-social elements and terrorists. The petitioner has also referred to another instance of registration of various cases by the Central Bureau of Investigation (CBI) under Sections 465, 468, 471 and 420 read with 120-B IPC in the District of Jammu regarding issuance of around 30,000 armed licenses by the concerned officials/District Magistrate between 1994 to 1998. That has been enquired into. The enquiry revealed active connivance between various arms dealers of Jammu, Delhi, Punjab & Haryana and Rajasthan in violation of established procedure prescribed by the Arms Act; and that in majority of cases the original addressee/applicant was not traceable at the given address. According to the petitioner, the licensing authority even in the State of Rajasthan and in particular Sriganganagar District, a border State of India have reportedly granted Arms Licenses without due verification. The petitioner has relied on newspaper reports in the State of Rajasthan to buttress this plea. He also relies on the enquiry report dated 03.07.2007 of the Collector, Sriganganagar. According to the petitioner, no follow up action has been taken by the concerned Authority of the State of Rajasthan in spite of the said report. The petitioner has, therefore, prayed that an enquiry be directed through an independent agency like CBI to unravel the conspiracy and to take action against the concerned officers including Army Personnel involved in the stated arms license scandal in the District of Sriganganagar, Rajasthan. Direction is also sought against the Home Ministry, State of Rajasthan to forthwith cancel all licenses issued without due verification/identification in violation of Arms Act, 1959. The petitioner has also sought direction against the Union of India to strictly follow the provisions of the Arms Act, 1959; and to frame strict guidelines mandating all the officials/licensing authority of the States throughout the Country to ensure due verification through the Home Ministry on the basis of report called from the concerned Police Station about the antecedents of the applicant and not by the Collector, before issuing license. It is further prayed that the Ministry of Defence, Government of India, must initiate appropriate action against the concerned Army Personnel who have been named by the Collector in the preliminary enquiry report dated 3rd July, 2007.

2. After notice was issued by the Court, the respondents in particular State Authorities were called upon to produce enquiry report of the Additional District Collector, Sriganganagar in a sealed cover. That report has been submitted. As the matter proceeded, the Court vide order dated 30th July, 2010 issued further directions to the State of Rajasthan to place on record a status report regarding the proceedings initiated after registration of FIR. The Court perused the affidavit filed by the Major O.P. Sharma who was serving as Adjutant 1, Air Formation Signal Regiment, New Delhi, wherein it is mentioned that out of 41 officers, one JCO and 4 retired officers, who had sold their Non Service Pattern (NSP) weapon in violation of the provis