Petitioner's gun licence was cancelled on the ground of pendency of two cases. One case, which was under Section 307, I.P.C., had resulted in petitioner's acquittal even before the first order of cancellation was passed against him. However, in the other case (No.64 of 2004), which was under Section 25, Arms Act, acquittal took place on 23.06.2007, i.e. even after filing of counter affidavit in this writ petition. This fact has been stated in Para-4 of the supplementary affidavit dated 11.09.2007. Learned standing counsel is directed to either seek instructions or file counter affidavit to the said supplementary affidavit regarding acquittal in Case Crime No.64 of 2004. It must also be ascertained as to whether any appeal was filed against the acquittal in the case under Section 25, Arms Act or not. List in the week commencing 22.02.2010.
Office is directed to supply a copy of this free of cost to Sri S.P. Mishra, learned standing counsel within three days.
Order Date :- 28.1.2010 NLY