IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
(30.9.2022)
CWJC No.82 of 2021
Arun Kumar Gupta : Petitioner
Vs.
State of Bihar & Ors. : Respondents
Arms Act, 1959–Section 17–Cancellation of arms licence–Conviction of petitioner in a criminal case–Criminal case pertains to theft of fish–There is no material to show that petitioner had engaged in misuse of fire arm–District Magistrate has cancelled arms license of petitioner, without either issuing show cause notice to petitioner or without affording opportunity to petitioner to put forth his defence resulting in violation of principles of natural justice–Impugned Orders quashed. (Paras 7 to 9)
Arun Kumar Singh Vs. State of Bihar, 2019 (5) BLJ 440; Chandan Kumar Yadav Vs. State of Bihar, 2013(2) PLJR 605–Relied.
MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for quashing the order dated 29.05.2017 passed by the District Magistrate, Sheohar i.e. the respondent no. 3, whereby and whereunder the arms license of the petitioner has been cancelled, for quashing the order dated 08.09.2018, passed by the respondent no. 3 in Arms Appeal Case No. 7 of 2018, dismissing the case of the petitioner and for setting aside the order dated 20.03.2020 passed by the Divisional Commissioner, Tirhut Division, Muzaffarpur i.e. the respondent no. 2, in Arms Appeal Case No. 31 of 2019, by which the Appeal filed by the petitioner has been rejected.
2. The brief facts of the case according to the petitioner are that the petitioner had applied for license of double barrel gun in the year 2002, whereupon he was granted arms license bearing Arms License No. 3 of 2002 and then he had purchased arms. The said arms license of the petitioner had subsequently stood renewed till 28.12.2019. It is the further case of the petitioner that all of a sudden on 19.01.2008, an F.I.R. was registered at the behest of a Pattidar of the petitioner namely Surya Narayan Prasad against him and his family members under Sections 341/ 323/342/379/34 of the Indian Penal Code vide Sheohar P.S. Case No. 5 of 2008, wherein it had been alleged that the petitioner and others, with the help of 10 fishermen, took away fish forcibly from the pond of the informant of the said case, worth 12,000/-. The police, upon investigation had submitted Charge-Sheet under Sections 341/ 323/342/379/34 of the IPC in the said case, whereafter, the learned Magistrate had taken cognizance, framed charges and had proceeded with the trial, which ultimately resulted in conviction of the petitioner and he was sentenced to undergo two years simple imprisonment U/s. 379 and other allied Sections of the IPC, by a judgment dated 08.03.2017. The petitioner had then challenged the said judgment of conviction dated 08.03.2017, by filing an appeal before the learned Court of Sessions Judge, Sheohar bearing Criminal Appeal No. 8 of 2017, however, the same was dismissed by a judgment dated 18.07.2017, against which the petitioner preferred a revision petition before this Hon’ble bearing Criminal Revision No. 842 of 2017, however, the same has stood disposed of by a judgment dated 20.11.2017, passed by a coordinate Bench of this Court, though without any interference in the judgment of conviction rendered by the Ld. court below, but considering the fact that nine years have passed since the lodging of the FIR, the sentence awarded to the petitioner was modified to the period already undergone and the fine had been enhanced to a sum of Rs. 15,000/-, out of which 80% was directed to be paid to the informant.
3. It is the further case of the petitioner that only on account of conviction of the petitioner by the Ld. Trial Court, by a judgment dated 08.03.2017, the respondent no. 3, without issuance of any show cause notice to the petitioner, had suo moto cancelled the arms license of the petitioner vide Memo dated 29.05.2017.
4. It is also the case of the petitioner that immediately upon passing of the aforesaid order dated 20.11.2007, by a coordinate Bench of this Court, in Criminal Revision No. 842 of 2017, the petitioner had filed an application before the respondent no. 3 for reconsideration of his case for re-validating the arms license, whereupon a case bearing Arms Appeal No. 7 of 2018 was registered by the respondent No. 3, however, the same was dismissed by an order dated 08.09.2018, only on the ground that the petitioner has not been acquitted by the Hon’ble High Court. The petitioner had then challenged the said order dated 08.09.2018 before the Divisional Commissioner, Tirhut Division, Muzaffarpur i.e. the respondent no. 2, in Arms Appeal Case No. 31 of 2019, however, the same has also stood rejected, by an order dated 20.03.2020, on the ground that since the license of the petitioner was cancelled upon his
The competent authority has the power to revoke an arms license if it deems necessary for the security of public peace or public safety, and the scope of judicial review in such matters is limited.
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
A firearm licence cannot be cancelled without prior notice to the holder, especially when no conviction has occurred.
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