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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
| Table of Content |
|---|
| 1. petitioner's claim on arms licence cancellation. (Para 1 , 3 , 4 , 5 , 6) |
| 2. arguments regarding alternative remedies. (Para 7 , 8) |
| 3. legal provisions under the arms act. (Para 9 , 10) |
| 4. discretionary nature of writ jurisdiction vs statutory remedies. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. conclusion to pursue statutory appeal. (Para 19) |
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 Aut
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.
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