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1965 Supreme(Guj) 11

J.M.SHELAT, J.B.MEHTA
RATILAL BHOGILAL SHAH – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.R.SHAH, BHAGUBHAI H.SHAH

J. B. MEHTA, J.

( 1 ) THIS petition is directed against the order dated November 23 1959 suspending the petitioners arms licence and the order dated November 22 1960 cancelling the same.

( 2 ) THE petitioner is an Indian citizen residing at Hathnoli in Kaira District and is carrying on extensive cultivation in vast areas. He was granted a fire-arm licence No. POL. MD. 120 enabling him to own possess and hold a Bridge-Load gun for self protection and the said licence was to expire on december 31 1960 During the pendency of one criminal complaint filed against the petitioner by one Chhotabhai Jivabhai under secs. 143 457 342 and 352 of the Indian Penal Code on or about March 14 1959 respondent No. 3 the District Magistrate of Kaira by the order dated November 23 1959 suspended the petitioners licence on the ground of security of public peace. The material part of the said order at Annexture A is as under:-"fire arms licence in form XVI bearing No. MD 120 for a B. L. Gun for self protection issued in the name of Shri Ratilal Bhogilal Shah of Hathnoli Ta. Mehmadabad is suspended under sec. 18 (a) of the Indian Arms Act for the public peace. "

( 3 ) IT is the case of the petitioner that h















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