Sinha, J

[1] The petitioner is a citizen of the Indian Union. In 1942, a license was Issued to him in respect of a D. B. B. 1 Gun by the District Magistrate of Balliah, U. P. In 1946, a fresh license was issued to him in respect thereof by the Commissioner of Police, Calcutta. In 1951, the petitioner applied for a license in respect of a .32 bore revolver, and it was granted to him, by indorsement on his gun license.

[2] On the 25th February 1952, the gun and revolver was taken away from the petitioner. On the 1st March 1952, the petitioner received the following communication from the respondent :

From The Commissioner of Police, Calcutta

To Janab H. Mohammed Vakil, P. 31 Gonesh Ch. Avenue, Calcutta.

Dated 1st March 1952

Subject :

By virtue of powers vested in me under section 18 of the Indian Arms Act, I hereby cancel your Arms license No. 18266-XVI (Calcutta) in respect of one 12 bore D. B. B. L. Gun No. 471E/13089 by Manlicher Schoenauer and one .32 bore revolver No. 17840 by Smith & Wesson. I therefore advise you to arrange for immediate disposal of the said weapons and thirty six rounds of .32 bore revolver cartridges, now lying in deposit at this office.

Sd. Illegible. Commissioner of Police.

[3] Upon receipt of this communication, the petitioner addressed a letter to the Chief Minister pointing out that no reasons had been assigned for the cancellation and asking for redress. A copy of this letter was sent to the Commissioner of Police. On the 25th April 1952, the petitioner addressed a letter to the respondent referring to the above letter and asked for information as to how the matter stood. On the 8th May 1952, the respondent acknowledged receipt of the said letter and informed the petitioner that intimation would be sent to him as soon as possible. On the 10th May 1952, the private Secretary to the Chief Minister informed the petitioner that his letter had been forwarded to the Secretary, Home (Police) Department, Writers Building for disposal. On the 28th August 1952, the Assistant Secretary to the Government of West Bengal informed the petitioner that Government had considered his case carefully but regretted that they saw no reason to interfere with the decision of the Commissioner of Police, Calcutta. On the same day, the petitioner wrote to the respondent, referring to this letter and requested him to grant him a fresh license. On the 19th November 1952, the respondent replied saving that the matter was receiving attention and further communication would follow.

[4] On the expiry of 1952, the original license automatically would have expired unless it was renewed.

[5] On the 25/27 April, 1953, the respondent informed the petitioner that the order dated 3rd March 1952 could not be reconsidered. This rule was issued on the 13th May 1953.

[6] Mr. Ghosh appearing on behalf of the petitioner argues that the order of cancellation is not in accordance with section 18 of the Indian Arms Act 1878. The relevant provision stands as follows:

"18. Cancellation and ' Suspension of license. Any license may be cancelled or suspended, (a) By the officer by whom the same was granted, or by any authority to which he may be subordinate, or by any Magistrate of a District, or Commissioner of Police in a presidency town, within a local limit of whose jurisdiction the holder of such license may be, when, for reasons to be recorded in writing, such officer, authority, Magistrate or Commissioner deems it necessary for the security of the public peace to cancel or suspend such license...."

Mr. Ghosh argues that the order of cancellation is bad because

(1) The authority who granted the license and purported to cancel it did not record the reasons in writing;

(2) That the order does not show that the Commissioner deemed it necessary to cancel the license for security of the public peace.

[7] Mr. Ghosh has relied on a decision of a division bench of the Allahabad High Court -- 'Beni Chand v. Dist. Magistrate Banda', (A). Speaking of section 18