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MOHIT KUMAR SHAH
Sunil Kumar Sinha – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 07.06.2023, passed by the District Magistrate, Supaul, whereby and whereunder the arms license of the petitioner, bearing Arms License No.402 of 2019 has been cancelled and the petitioner has been asked to deposit his arms with the police station at Supaul. The petitioner has also prayed for quashing the order dated 29.11.2023, passed by the Divisional Commissioner, Koshi Division, Saharsa in Arms Appeal Case No.88 of 2023, 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 the petitioner was granted arms licenses, bearing Arms License No.111 of 2003, Arms License No.145 of 2003 and Arms License No.146 of 2003 (one for Revolver, one for Rifle and one for Double Barrel Gun), by the District Magistrate, Supaul, in the year 2003 and therein the permanent address of the petitioner was shown as Flat No.105, Keshav Place, Shashtri Nagar, Baily Road, Patna and the current address was mentioned as C/o. Hemkant Jha, Ward No. 26, P.O and District- Supaul. The petitioner had got his Arms licenses renewed from
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....
Mere pendency of a criminal case does not justify cancellation of an arms license under the Arms Act; a substantial threat to public safety must be demonstrated for revocation.
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.
Mere involvement in a criminal case does not justify cancellation of a firearm license under the Arms Act; evidence of the license holder's misuse is required.
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