The court held that the District Magistrate has the discretion to cancel a license for a firearm if the licensee is not a fit person to possess a firearm, and that the court will not interfere with that discretion.

Kapur, J.

1. The applicant has moved this Court for an order of Mandamus, as he calls it, to quash the order passed by the District Magistrate of Ferozepore, dated 31-10-1953, cancelling the applicants licence for a revolver.

2. According to the applicant, he is a peaceful citizen of the Union of India, being a resident of Gidderbaha, an elected member of the village Panchayat and belongs to no political party. He owns about a hundred "shumaons of land and was granted a licence for a revolver in about 1947 and he claims that he has not been convicted of any offence under the Arms Act or any rules made thereunder. His licence was cancelled under S, 18, Arms Act and he assails that order on several grounds given in para 6 of his petition.

3. The State has filed an affidavit in reply according to which the petitioner was not granted a licence for a revolver after considering the merits of the case but he got illegal possession of a revolver, and as that was registered a licence was granted. The State has placed on the record a fist of cases in which the applicant was convicted and of cases in which he was suspected of various offences of theft and of house-breaking. The State have submitted that they cancelled the licence because of the bad record of the applicant and they have also placed on the record a report by the Police which shows what kind of man the applicant is. This is marked Ex. R B. and I am quoting it in extenso :

"Sir,

I have consulted the record of Police Station Kot Bhai. Really Godha Singh sum

of Jabra Singh Jat, resident of village Gidderbaha, is a licensee of 38 bore 6

shots pistol No. 2740Z. He is found convicted under Section 110, Criminal P.

C., once and has eight suspicions under Sections 457, 458 and 379, Penal Code,

etc. He was also found convicted in a case under Section 13 of Act 3 of 1867

(The Public Gambling Act). Police Station Kot Bhai. . I am here in this

thana since 21/4 years. In this period this Godha Singh has not helped me in

any case. I am astonished to see how this man got the licence. I have no

objection if his licence is cancelled. The detailed vernacular lists of

convictions and suspicions prepared by Assistant Moharrir are being attached

herewith. His real brother Prem Singh is also found to be convicted in three

cases and suspected in four cases. Their list is also attached herewith.

Sd/- Mit Singh,

S. H. O.

4-10-53.

The report of the Sub-Inspector, Police Station Kot Bhai, is worth perusal.

Submitted in original to the Deputy Superintendent of Police, Fazilka,

cancellation of the licence for a revolver.

Sd/- Karam Singh

D. I. Gidderbaha,

10-10-53.

Forwarded for favour of necessary orders. May be cancelled.

Sd/- Jowala Singh,

D. S. P. Fazilka,

25-10-53.

He is a previous convict and H. Sheeler. His Arms Licence may be cancelled

immediately.

Sd/- Ajaib Singh,

S. S. P.

31-10-53."

4 The order of the District Magistrate is contained on the sheet containing the report of the Station House Officer, of the District Inspector Gidderbaha, of the Deputy Superintendent of Police Fazilka and of the senior Superintendent of Police, Ajaib Singh, at the end of which the District Magistrate has written the word "cancelled". It is true that he has not written a separate order giving his reasons that "it is necessary for the security of public peace" but it appears to me that the District Magistrate in this case after considering the reports of the Police accepted the reasons given therein and cancelled the licence of the petitioner. I am unable to agree therefore that there are no reasons given in writing by the District Magistrate.

5. Mr. Jagan Nath Seth for the applicant has relied on a judgment of the Allahabad High Court in -- Beni Chand V/s. District Magistrate, Banda, AIR 1953 All 476 (A), where in para 6 the learn-ed Judges said that the statute required that the authority suspending or cancelling a licence must himself record the reasons why the