MOHIT KUMAR SHAH
Arun Kumar Gupta – Appellant
Versus
State of Bihar – Respondent
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 Sectio
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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