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1965 Supreme(All) 102

S. C. MANCHANDA, M. C. DESAI
Jai Narain Rai – Appellant
Versus
District Magistrate, Azamgarh – Respondent


Advocates:
Rajendra Prasad Rai, for Appellant; Standing Counsel, for Respondents.

Judgement

DESAI, C. J. :- This is an appeal from a judgment of our brother Broome refusing to quash an order passed by respondent No. 1, the District Magistrate of Azamgarh, cancelling under Section 18 of the Indian Arms Act an arms licence possessed by the appellant on the ground that it was necessary to do so for the security of public peace. The order of the District Magistrate was challenged on the ground that no inquiry was held in the appellant's presence, that he was not called upon to show cause and was not heard in any other manner and that, consequently, the first principle of natural justice was violated. It is said that a Sub-Divisional Magistrate made an inquiry into use by the appellant of the gun on a certain occasion but the inquiry was made at the back of the appellant. He was not informed to be present at a certain place at a certain time during the inquiry with the result that he was never present at any stage of the inquiry. The Sub-Divisional Magistrate never questioned him about anything and never asked him to produce any evidence. At the end of the ex parte inquiry he submitted a report to the District Magistrate on the basis of which he passed the impugned or







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