Cancellation of 3 gun houses license
Excelsior Correspondent
JAMMU, July 13: State High Court has set-aside the order of the District Magistrate, Jammu whereby licenses of three gun dealers were recommended to be cancelled.
After hearing Advocates S C Gupta and B S Soodan appearing for the petitioners whereas AAG Gagan Basotra for the State, Justice J P Singh observed, “from the facts and circumstances appearing in the order of District Magistrate, it appears that he had intended to proceed against the petitioners for their alleged act of omission and commission in selling arms and ammunition to persons holding fake/ invalid licenses in alleged violation of terms and conditions of the licenses”, adding “rather than resorting to the other provisions of the Act which empower him to initiate action for suspension, variation and revocation of licenses, he took resort to the provisions of Section 22 of the Act which exercise, in the facts and circumstances of the case, was unwarranted and even otherwise illegal being in violation of the provisions of Section 22 of the Act”.
“The orders passed by the District Magistrate on April 13, 2011 taking in possession the arms and ammunition of the petitioners are, therefore, liable to be quashed”, the High Court said while setting-aside the District Magistrate Jammu’s order dated April 13, 2011. The High Court also issued directions to District Magistrate to restore the seized material to the petitioners.
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