( 1 ). The challenge in this writ petition is to the legality of the order dated 26th February 1993 passed by the Deputy Commissioner of Police-Licensing (hereinafter referred as the Licensing Authority ) undersection 17 (3)0, the Arms Act, 1959 directing the cancellation of the amis licence to the petitioner.

( 2 ). The petitioner was issued an all India Anns Licence by S. D. M. , Hansi (Haryana) sometime in the year 1989. The petitioner applied on 22nd December, 1989 for the registration of the said licence with the Licensing Authority,delhi, claiming that he has shifted his residence from Hansi to Delhi. The licence was registered in Delhi and by letter dated 4th January, 1990 post verification reports were called from Superintendent Police and District Magistrate, Hissar and also from the Deputy Commissioner of Police, South District, Delhi. The Superintendent of Police, Hissar, reported on 13th February 1990 that the petitioner was not living at Hissar. No reply seems to have been. received from District Magistrate, Hissar inspite of issue of various reminders. The Deputy Commissioner of Police, South District, Delhi, by communication dated 1st February 1990 addressed to the Licensing Authority reported that nothing adverse had come to the notice against the petitioner in the record of the concerned Police Station and that he was residing at the given address at Tughlakabad for the last 25 years. The Deputy Commissioner of Police, South District, however, by a communication dated 30th January 1992 addressed to the Licensing authority stated that on checking of records in Police Station it was found that the petitioner was involved in six cases as follows:-

I) FIR No. 226 dated 20. 9. 85 u/s 147/148/149/452 Indian Penal Code Police Station Badar Pur, New Delhi. ii) FIR No. 34, dated 31. 1. 91 u/s 325/34 Indian Penal Code Police Station Okhla Industrial Area, New Delhi. iii. FIR No. 267 dated 11. 9. 91 u/s 324/34 Indian Penal Code Police Station Okhla Industrial Area, New Delhi. iv. FIR No. 285 dated 23. 9. 91 u/s 307/324/34 Indian Penal Code Police Station Okhia Industrial Area, New Delhi. v. Preventive Action. Two separate proceedings u/s 107/150 Criminal Procedure Code. a re pending in the Court of SDM/south Distt. ,new Delhi.

( 3 ). 0n receipt of this communication a note was put up on 31st January/lst February 1992 to the licensing authority seeking orders for suspension and cancellation of the arms licence. The order cum show cause notice dated 6th March,1992 was issued to the petitioner which reads as under:-

"whereas, Shri Braham Parkash s/o Sh. Chander Pal r/o 370-A, Village, Tughlakabad, New Delhi, is holding an arms licence No. 167- V/89/hansi for one. 32 bore Revolver and one. 315 Rifle issued by SDM/ Hansi (Haryana) valid upto 8. 5. 1992. 2. And Whereas, Shri Braham Parkash applied in this office on 22. 12. 89 for the registration of above said arms licence due to change of his residence from Hansi to Delhi. His arms licence was registered in this office vide registration No. SWDC-0500272 and post issue verification report have been called for from DM/hissar, SP/hissar and DCP/ South Distt. N. Delhi, SP/hissar has intimated that he never resided at the given address in Hansi. DCP/south Distt, has intimated that he is residing in Delhi for the last 25 years and is also found involved in the following cases: 1. FIR No. 226/85 u/s 147/148/149/452 Indian Penal Code PS Badarpur. 2. FIR No. 34/91 u/s 325/34 Indian Penal Code PS Okhla Industrial Area. 3. FIRNo. 267/91 u/s 324/34 Indian Penal Code PS Okhla Industrial Area. 4. FIR No. 285/91 u/s 307/324/34 Indian Penal Code PS Okhla Industrial Area. 5. Two separate proceedings u/s 107/150 Criminal Procedure Code. are pending in the court of SEM/south District. 3. And Whereas, the above act of Shri Braham Parkash renders him unfit to hold an arms licence under Section 17 (3) of Arms Act, 1959 in the interest of public safety and peace. 4. Now, therefor