( 1 ) HEARD learned Advocate Shri S. B. Raval appearing for the petitioner.

( 2 ) RULE. Learned A. P. P. , Mrs. B. R. Gajjar waives service of rule on behalf of the respondent Nos. 1 to 3.

( 3 ) THE petitioner has challenged the legality and validity of the order passed by the Deputy Secretary, Home Department dated 7-5-1997 rejecting the Revision application of the petitioner.

( 4 ) THE present petitioner was holding a licence to possess a pistol of 25 Bore issued vide No. SNR III 300/74 dated 9-4-1992 for the entire territory of India. It was alleged that on 26-3-1991, the petitioner has fired said pistol in the air around 12. 30 noon near his residential premises during the incident and thereby an offence was registered against the petitioner under S. 307 and 34 of the Indian Penal Code and under Sec. 25 (1) (a) of the Arms Act, 1959; that said offence was registered vide c. R. No. 43 of 1991 at Joravarnagar Police Station, District Surendranagar; that thereafter the District Magistrate-respondent No. 2 issued show cause notice dated 5-9-1991 to the petitioner as to why said licence to hold arms should not be cancelled and fixed the hearing on 5/9th September, 1