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IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH, RITESH KUMAR
Amitav Bachchan Ray, Son of Upendra Ray – Appellant
Versus
State of Bihar through the Home Secretary – Respondent
JUDGMENT :
SUDHIR SINGH, J.
Heard Mr. Yogesh Chandra Verma, learned Senior counsel for the appellant assisted by Mr. Gajendra Kumar Singh, and Mr. P.K. Verma, learned AAG-3 for the Respondents-State assisted by Mr. Saroj Kumar Sharma, learned AC to AAG-3.
2. The present intra court appeal has been filed challenging the order dated 02.01.2024, passed by learned Single Judge of this Court, in CWJC No.7091 of 2023, whereby the learned Single Judge has dismissed the writ petition.
3. The brief facts of the case are that the Collector, Vaishali at Hajipur had issued an arms licence bearing Licence No. 2776/NH/KNA for one N.P. bore Pistol in favour of the appellant. The said licence was duly inspected from time to time and renewed in accordance with law. Pursuant thereto, the appellant purchased the licensed arm and it is not the case of the authorities that the same was ever misused by him. Subsequently, the appellant was made an accused in Ganga Bridge P.S. Case No. 143 of 2018 dated 15.10.2018, instituted under Sections 30(A), 38 and 47 of the Bihar Prohibition and Excise Act, 2016. In the said case, the appellant was granted bail by the competent court on 18.01.2019. Thereafter, a show-c
The court upheld the licensing authority's decision to suspend the arms licence, emphasizing public safety and the validity of subjective satisfaction in administrative actions under the Arms Act.
The licensing authority must have substantial evidence fulfilling the requirement of subjective satisfaction under Section 17(3)(b) of the Arms Act for the suspension of an arms license; mere crimina....
The pendency of a criminal case alone cannot justify the revocation of an arms license; substantial evidence is necessary to demonstrate a threat to public safety.
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.
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.
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