Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 12,12(l)(a)

(a) Interpretation of statutes- Maxim : "Audi alteram partem-Provision of notice and opportunity of hearing before passing any order adversely' affecting rights of a citizen-Held : Considered to be a part of every statute unless statute itself expressly excludes such notice or opportunity of hearing­[Maxim]. Tanveer Ahmed Khan v. District .Magistrate, Sanghar and another P L D 1979 Kar. 732 and Asghar Ali and 10 others v. Rationing Controller, Hyderabad and another P L D 1979 Kar. 194 ref (b) Cancellation of Fire-Arms Licence Order, 1978 IM. L. A, Zone 'C'1- --- No. 64-Principle of audi alteram partem--Held, will apply to any order . passed under any. Martial Law Order if same affects a person or his property unless Martial Law Order itself excludes such notice or opportunity of hearing.-[Maxim]. (c) West Pakistan Arms Ordinance (XX of 1965)--- S. 12(l)(a) read with Cancellation of Fire-Arms Licence Order, 1978 [M L. A. Zone `C'] No. 64-Scope of two provisions--Quite different­While under S. 12 (1)(a) of Ordinance, arm licence can be cancelled if necessary for security of public peace, under Martial Law Order No. 64, licence can be cancelled if licensee an undesirable person or not fit to hold licence. JUDGMENT NAIMUDDIN, J.-This petition under Article 199 of the Constitution calls in question the order dated 18-6-1978, passed by the District Magistrate, Sukkur, respondent No. 2, whereby he has cancelled the Fire-Arms Licence No. 4159 of the petitioner, under the Martial Law Order No. 64 on the ground that the enquiries revealed that the petitioner has proved to be an undesirable person and not fit to hold fire-arms licence. The petitioner in this petition has also joined the Province of Sind, Superintendent of Police, Sukkur, S. H. O.. Police Station, Rohri, District Sukkur as the respondents. The petitioner inter alia has stated in the petition that he is the owner of 3 shops, one hotel, one double-storey residential house, one double-storey building rented out to the Muslim Commercial Bank, Shahi Bazar, Rohri. He has further stated that he is father of 4 sons, two of whom are officers in the National Bank of Pakistan at Sukkur and the third one is a student…

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