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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Rakesh Singh – Appellant
Versus
State of Assam, represented by the Commissioner & Secretary to the Govt. of Assam, Home and Political Affairs Department – Respondent
JUDGMENT :
M. Choudhury, J.
In this writ petition under Article 226 of the Constitution of India, assail is made to an Order dated 20.09.2024 passed by the District Magistrate- cum-Deputy Commissioner, Cachar whereby an arms licence issued earlier to the petitioner has been cancelled.
2. I have heard Mr. I. Alam, learned counsel for the petitioner; Mr. S.R. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 1, 3, 4, 5 & 6; and Mr. K. Gogoi, learned Central Government Counsel for the respondent no. 2.
3. The case of the petitioner, in brief, is that he was a holder of an Arms Licence no. 475/III for a 0.12 Bore SBBL Gun and the said arms licence was issued by the respondent no. 3 after due verification pursuant to an application submitted by him. The arms licence was issued on 31.08.2005. The Licensing Authority after due verification extended validity of the licence up to 2024.
4. When as per requirement of Rule 15 of the Arms Rule, 2016 a Unique Identification Number [UIN] was not generated despite submission of an application by him on 22.11.2022, the petitioner approached this Court by way of a writ petition, W.P.[C.] no. 8056/2022. The writ petition came up fo
The High Court will not entertain a writ petition under Article 226 when an adequate statutory remedy exists, requiring the petitioner to exhaust the appeal process under the Arms Act before seeking ....
The possession of an arms license is a statutory privilege, not a fundamental right, with revocation permissible under the Arms Act if deemed necessary for public safety.
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....
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.
The authority revoking a firearms license must provide a proper hearing and record reasons, adhering to natural justice principles.
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