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2000 Supreme(MP) 617

N.K.JAIN
Smt. Sakinabai And Others – Appellant
Versus
State Of M. P. And Another – Respondent


ORDER

N.K. Jain, J.

1. All these petitions have been heard as connected matters and are being disposed of by this common order.

2. In all these petitions, the petitioners who are arm dealers, call in question the State Government Circular dated 4-10-99 (marked Annexure P-2 in all the petitions) whereby it is directed that before any arm is sold, by an arm dealer, he shall ask the purchaser licencee to produce 'No Objection Certificate' from the Licencing Authority certifying the genuineness of his licence.

3. I have heard Sarvashri A.H, Khan, S.S. Samvatsar and Smt. S. Waghmare, learned counsel for petitioners; and Prakash Verma, Government Advocate for respondents.

4. The petitioners seek to impugn the Circular (Annexure P-2) on the ground that it is without any authority of law besides being unreasonable and arbitrary in nature. It is also violative of their fundamental right to carry business or trade, it is further submitted. As against it, learned Government Advocate has streneously defended the impugned circular and it is submitted that the circular has been issued in exercise of executive power of the State Government with a view to prevent sale of fire arms to unauthorised perso











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