Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 05.08.2021, passed by the District Magistrate, Saharsa, whereby and whereunder the N.P. Bore rifle license of the petitioner, bearing License No.35/4869 has been cancelled. The petitioner has also prayed for quashing of the appellate order dated 03.06.2022, passed by the learned Commissioner, Koshi Division, Saharsa, whereby and whereunder the appeal filed by the petitioner has been rejected.

2. The brief facts of the case according to the petitioner are that he was granted arms license on 28.2.2004 & since then, he has been in possession of one N.P. Bore rifle for safety of his life and property. It is stated that the petitioner was given a show-cause notice dated 19.03.2021 by the District Magistrate, Saharsa, whereby he was asked to furnish date wise utilization of 1350 cartridges, purchased by him for being used in the aforesaid rifle, whereupon the petitioner had submitted his reply stating therein that he had purchased the cartridges in between the years 2005 to 2020 from various arms dealers and as far as use of the said cartridges is concerned, he had fired on various occasions to check the efficiency of the arms as also had fired the said cartridges on the eve of Eid, Deepawali and marriage ceremonies. The petitioner had also stated that he was left with 48 cartridges in his possession. The District Magistrate, Saharsa, had then by the impugned order dt. 5.8.2021, cancelled the arms license of the petitioner on the ground that the petitioner has admittedly used 1302 cartridges on the occasion of Eid and other festivals as also during the course of marriage ceremonies by way of celebratory firing, which is illegal and against the arms rules. The petitioner had then filed an appeal, however, the same has also stood dismissed by an order dt. 03.06.2022.

3. The learned counsel for the petitioner has submitted that prior to the amendment of the Arms Act, 1959, which came into effect from 14.12.2019, celebratory firing was not prohibited. It is also submitted that only with effect from 14.12.2019, Section 25 of the Arms Act, 1959 was amended and sub-section (9) was added thereto, which reads as follows: –

“(9) Whoever uses firearm in a rash or negligent manner or in celebratory gunfire so as to endanger human life or personal safety of others shall be punishable with an imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both.

Explanation. – For the purposes of this sub-section, “celebratory gunfire” means the practice of using fire-arm in public gatherings, religious places, marriage parties or other functions to fire ammunition.]”

It is thus submitted that since celebratory firing was not prohibited prior to 14.12.2019, the petitioner could not have been penalized by cancelling the arms license, hence the order dated 05.08.2021, passed by the District Magistrate, Saharsa, as also the appellate order dated 03.06.2022 are fit to be set aside.

4. Per contra, the learned counsel appearing for the respondent-State has submitted, by referring to the counter affidavit, filed in the present case that a show-cause notice dated 19.03.2021 was issued by the District Magistrate, Saharsa, directing the petitioner to submit his reply regarding utilization of the cartridges purchased by him from the years 2005 to 2020, to which the petitioner had submitted a reply, but in the meantime, the District Magistrate, Saharsa had also called for an enquiry report from the Superintendent of Police, Saharsa, who had submitted his report and then, the District Magistrate, Saharsa had passed the impugned order dated 05.08.2021, cancelling the arms license of the petitioner, whereupon the petitioner had filed an appeal, but the same has also stood dismissed by the impugned order dt. 03.06.2022.

5. I have heard the learned counsel for the parties and perused the materials on record. The admitted facts are