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MOHIT KUMAR SHAH
Md. Kaisar Warsi – Appellant
Versus
State of Bihar – Respondent
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 ch
Authorities must provide clear evidence of violation for the cancellation of a firearm license; reliance on vague police reports is insufficient.
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....
The court determined that license cancellation under Rule 32 requires clear evidence of violations, which were absent in this case.
Authorities must substantiate violations of licensing rules with clear evidence; arbitrary cancellation of arms licence based on unfounded allegations is unlawful.
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.
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
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