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2009 Supreme(All) 3112

A.P.SAHI
ASHIQ HUSSAIN – Appellant
Versus
COMMISSIONER, MORADABAD – Respondent


Advocates:
Counsel :
Subhash Kumar, Subodh Kumar, Udit Chandra, Vijai Kumar Dixit for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—Heard Shri Udit Chandra holding brief of Shri Subhodh Kumar, learned counsel for the petitioner and the learned Standing Counsel.

2. This writ petition arises out of proceedings under the Arms Act, whereby the licensing authority has cancelled the arms license of a D.B.B.L. gun of the petitioner.

3. The appeal filed by the petitioner has met the same fate. The ground for challenge is that there is only a single incident reported against the petitioner and in the said incident the matter was foreclosed after a compromise was entered into between the parties. Learned counsel for the petitioner contends that no ground of disturbing peace and tranquility was made out, and the question of involvement in one criminal case, against the petitioner, is a single incident of law and order, which could not have been made the basis for cancellation.

4. This petition was filed in the year 1992. Inspite of 17 years having lapsed, no counter-affidavit has been filed on behalf of the State. In such a situation there is no option for this Court except to dispose of the writ petition finally at this stage. The writ petition was entertained and an interim order was passed on






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