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HIGH COURT OF CALCUTTA
P. B. Mukharji
SARDAR CHAND SINGH - Appellant
Versus
COMMISSIONER, BURDWAN DIVISION - Respondent
. Of .
Decided On : APRIL 24, 1958
ARMS ACT - REVOKER OF LICENSE - GROUNDS - PUBLIC SAFETY - DISCRETION OF AUTHORITY - JUDICIAL REVIEW - SCOPE - RULE 41 OF THE INDIAN ARMS RULES, 1951 - VALIDITY.
Fact of the Case:
The petitioner, Sardar Chanda Singh, applied for a revolver license. The District Magistrate and the Commissioner of the Burdwan Division refused to grant the license on the grounds that the petitioner was involved in several litigations of a serious nature and that it was not in public interest to keep a revolver with him under such circumstances.
Finding of the Court:
The court held that the District Magistrate and the Commissioner of the Burdwan Division had not acted arbitrarily or mala fide in refusing to grant the license. The court also held that Rule 41 of the Indian Arms Rules, 1951, which empowers the authority to grant or renew a license to refuse to do so in its discretion, is intra vires Section 17 of the Indian Arms Act, 1959.
Issues: 1. Whether the District Magistrate and the Commissioner of the Burdwan Division had acted arbitrarily or mala fide in refusing to grant the license. 2. Whether Rule 41 of the Indian Arms Rules, 1951, is intra vires Section 17 of the Indian Arms Act, 1959.
Ratio Decidendi: 1. The court held that the District Magistrate and the Commissioner of the Burdwan Division had not acted arbitrarily or mala fide in refusing to grant the license. The court noted that the petitioner was involved in several litigations of a serious nature and that it was not in public interest to keep a revolver with him under such circumstances. 2. The court held that Rule 41 of the Indian Arms Rules, 1951, is intra vires Section 17 of the Indian Arms Act, 1959. The court noted that Section 17 of the Indian Arms Act, 1959, empowers the Central Government to make rules to determine the officers by whom, the form in which, and the terms and conditions on and subject to which, any license shall be granted. The court held that Rule 41 is a valid exercise of this rule-making power.
Final Decision: The court dismissed the petition.
( 1 ) THIS is an application under Article 226 of the Constitution by Sardar Chanda Singh of Burdwan. The purpose of this application is to get a revolver licence. The applicant asks for the writ of mandamus and Certiorari against the orders of the District Magistrate and the Commissioner of the Burdwan Division refusing to issue any revolver licence to the petitioner.
( 2 ) THE facts are short and brief. On 1st May, 1957, a notice was issued to the petitioner by the District Magistrate, Burdwan, stating;"whereas it appears from police report copy of which is enclosed that you are not a suitable person to hold revolver licence, you are therefore directed to show cause by 6-5-57 why your revolver licence shall not be cancelled on the grounds stated therein in the interest of public safety. "the police report stated:"sardar Chanda Singh and Babu Singh, sons of Mostama Singh of G. T. Road, Burdwan, are accused of a gruesome murder (vide Burdwan P. S. Case No. 27 dated 12-1-57 Under Section 148/302, I. P. C. ). These two persons had guns which were seized in the case. These persons are dangerous and desperate, having no regard for law and order. There were several other incidents of highhandedness of these two persons and that they were prosecuted against Under Section 107/117 (3), Cr. P. C. These two persons are holders of non-prohibited bore revolvers. There is every chance of loss of life, if these persons are allowed to retain revolvers with them. Under the above circumstances I pray that their licences to keep revolvers may kindly be cancelled. I may be permitted to seize the revolvers. "this was the report of the Burdwan police station to the District Magistrate of Burdwan through the Superintendent of Police. To that notice the petitioner showed cause. The gist of that reply of the petitioner is that in fact they were innocent although these criminal proceedings were admitted.
( 3 ) THEREUPON the District Magistrate by an order dated 25th May, 1957, issued the following order :"in view of the circumstances pointed out therein, the revolver licences of Chanda Singh and Babu Singh are cancelled for public safety and order. "
( 4 ) THERE was no appeal from that order to the Commissioner of the Burdwan Division. The petitioner appears to have accepted that position although 011 4th June, 1957, the petitioner made an application to the District Magistrate for reconsideration of the case. In that he refers again to these criminal proceedings as well as to an armed raid on the petitioner's petrol pump. Again, on 1st August 1957, the petitioner made another application to the District Magistrate for reconsideration of the order of 25th May, 1957, and to pass an order re issuing the licence for a six-chambered revolver. In that petition he makes a ground that he is the Managing Director of Messrs. Chanda Singh Motor Service Ltd. owning stage carriages, three taxies and a petrol pump, out due to difference of opinion amongst the Directors and taking advantage of that, two criminal cases were started against him. There was also a proceeding under Section 107 of the Code of Criminal Procedure, but ultimately that was dropped.
( 5 ) THIS petition is now used as a fresh petition for the grant of a fresh licence according to the argument of the learned Advocate for the petitioner. Upon this the District Magistrate passed an order on 4th November, 1957, stating:"seen papers. I do not think it safe or desirable to allow the petitioner any revolver at this stage, at any rate. "it is against this order that the petitioner appealed to the Commissioner of me Burdwan Division as provided by the Rules under the Indian Arms Act. In mat appeal the petitioner makes the case: --"that as the criminal cases were either pending police investigation or sub judice, your petitioner did not agitate the matter further then but as he came out scot free honourably your petitioner renewed his application on 1-8-57 for grant or re-issue of
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