Satbir Singh v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-25029-2016 (O & M) Date of decision: 08.12.2017 Satbir Singh ....Petitioner(s) V/s State of Haryana and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Amit Khatkar, Advocate, for the petitioner. Mr. Rohit Arya, AAG, Haryana.

**** Rajan Gupta, J. (Oral) Petitioner has impugned the order dated 09.06.2015, Annexure P-3 and order dated 18.10.2016, Annexure P-5, passed by the authorities under the Arms Act whereby his application for renewal of licence has been rejected.

It has been urged before the court that petitioner was never sentenced to imprisonment. He was only convicted for violation of the Excise Act and a fine of Rs.500/- was imposed upon him. This cannot be a sole ground to reject the plea for renewal of licence. It is on record that petitioner was given a Commendation certificate, Annexure P-1, by Deputy Inspector of Police, Hisar Range for showing courage and taking timely action in apprehending culprits who were accused in FIR No.65 dated 03.02.1989 registered under Sections 307/201/323/34 IPC at Police Station Sadar Hisar. This aspect is not disputed by the State counsel. Sukhpreet Kaur 2017.12.08 16:04 I attest to the accuracy and integrity of this document

CWP-25029-2016 (O & M) ::2::

Under the circumstances, this court is of the considered view that the plea of the petitioner deserves fresh consideration. Impugned order dated 09.06.2015, Annexure P-3 and order dated 18.10.2016, Annexure P-5, are hereby set aside. Matter is remitted to the same authority who passed Annexure P-3 for decision afresh as per law.

Allowed in these terms.

(RAJAN GUPTA) December 08, 2017 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2017.12.08 16:04 I attest to the accuracy and integrity of this document