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| HC sets aside order of DM | | Cancellation of license of three gun houses | | Jammu, July 13 (JNF): In much publicized fake gun license in which the District Magistrate Jammu recommended for cancellation of license of three Gun Dealers for sale and keep of arms and also seized the material including arms and ammunition during the search of these business premises. Aggrieved by the order of District Magistrate Jammu, three Gun Dealers challenged the same and seeking quashment of order of DM Jammu.
In the approved for reporting judgment Justice JP Singh of Jammu & Kashmir High Court Jammu Wing after hearing Advs SC Gupta and BS Soodan appearing for the petitioners whereas AAG Gagan Basotra appeared for the state, observed that 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 for alleged violation of terms and conditions of the licenses. But rather than having resort to the other provisions of the act and empower him, inter-alia 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. Justice JP Singh further observed that order 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 and the petitions are accordingly succeed and are therefore, allowed and setting-aside the District Magistrate Jammu's order dated April 13, 2011 whereby the arms and ammunition in possession of petitioners were seized and issued direction to District Magistrate Jammu to resort the seized material to the petitioners. |
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