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JAISHREE THAKUR
Anwar Khan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Jaishree Thakur, J. (Oral) - By way of instant writ petition, petitioner seeks setting aside of order dated 12.03.2018 passed by Commissioner of Police, Faridabad whereby arms licence of the petitioner has been cancelled and the appeal preferred against the said order has also been dismissed by the Commissioner, Faridabad Division, Faridabad vide order dated 07.12.2018.
2. In brief the facts are that the petitioner is an arms licence holder of NPB 32 Bore Pistol No.RP-109648 and 12 Bore D.B.B.L Gun No.40494 under Licence No.54/FBD/JAN/01 & Renewal No.280-R/JCP-FBD/2010, which was valid till 22.01.2016. An FIR No.132 dated 06.04.2014 came to be registered against the petitioner under Sections 498-A, 304-B IPC at Police Station Sector 7, Faridabad, in which he stood convicted by the court of Additional Sessions Judge vide judgment dated 21.08.2015 and sentenced to undergo rigorous imprisonment for 10 years. Against the aforesaid judgment, the petitioner preferred a criminal appeal before this High Court wherein vide order dated 08.03.2017, sentence of the petitioner has been suspended. However, the petitioner received a show cause notice dated 24.08.2017 as to why his arms lic
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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