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IN THE HIGH COURT OF ALLAHABAD
ASHOK BHUSHAN, J.
RAMESH SINGH - Appellant
Versus
STATE OF U.P - Respondents
C. W. P 8723 Of 2007
Decided On : 03/07/2007
Suspension - Arm License - Section 17(3) of the Arms Act, 1959 - The judgment discusses the legality of suspending an arm license pending an inquiry for its cancellation. It analyzes the conditions under which suspension can be ordered and the necessity for giving an opportunity of hearing before suspension. The court also examines the grounds for suspension and revocation of a license, emphasizing the importance of public safety and peace. The judgment refers to several Full Bench and Division Bench judgments to clarify the legal principles governing the suspension and revocation of arm licenses.
Fact of the Case:
The petitioner sought to quash the order suspending his arm license and directing him to deposit it with the police station. The suspension was based on an incident where the petitioner, using his licensed pistol, was involved in a killing. The District Magistrate suspended the license, citing the petitioner's hot-headed behavior and criminal tendency as a threat to public security.
Finding of the Court:
The court found that the suspension of the arm license was justified as it was based on the satisfaction of the licensing authority that the petitioner's possession of the arm endangered public safety and peace. The court emphasized that the suspension was ordered in accordance with the conditions laid down in Section 17(3) of the Arms Act, 1959.
Issues: The issues raised in the case included the legality of suspending an arm license pending an inquiry for its cancellation and whether the mere pendency of a criminal case against a person could justify the suspension of an arm license.
Ratio Decidendi: The court held that the suspension of an arm license pending an inquiry for its cancellation can be done only in accordance with the conditions laid down in Section 17(3) of the Arms Act, 1959. It emphasized that the suspension or revocation of a license can be ordered when the conditions mentioned in Section 17(3) are fulfilled, particularly with regard to public safety and peace.
Final Decision: The court dismissed the writ petition, stating that no grounds were made out to interfere with the order suspending the arm license of the petitioner. However, it observed that the final decision regarding proceedings for the cancellation of the arm license should be taken expeditiously by the District Magistrate.
( 1 ) HEARD learned counsel for the petitioner and the learned standing counsel.
( 2 ) BY this writ petition the petitioner has prayed for quashing the Order dated 7-2-2007 by which order the District Magistrate suspended the petitioners arm license and directed him to deposit the same with the police station. By the same order a notice was also given to the petitioner to show cause as to why his license be not cancelled. The order of suspension was passed on the basis of report submitted by the In-charge inspector, Kotwali, Circle Officer, Rudrapur and the Additional Superintendent of Police. The reason as noticed in the order for suspension was an incident which took place on 20-11-2006 in the after noon at 2. 30 p. m. at the time of inauguration of the Primary pathshala situate at village Fatehpur. At time of inauguration the petitioner along with his group killed one Ram Pravesh Nishad by his licensed pistol. A criminal case under Section 302. P. C. was also registered against the petitioner. The Distrist Magistrate recorded his satisfaction that from the act and behaviour of the petitioner on the above date it is clear that he is hot headed person with criminal tendency hence it is not in the interest of security of public to permit the arm licence to remain with such a person.
( 3 ) THE learned counsel for the petitioner challenging the order raised following two submissions:-
1. The arm license of the petitioner cannot be suspended pending enquiry for cancellation of his arm license. 2. The arm license cannot be suspended merely on ground of pendency of a criminal case against a person.
( 4 ) LEARNED counsel for the petitioner relied on decisions of this Court reported in (2001 (2) JIC 453 (All) Prabhu Dayal Yadav v. State of Uttar Pradesh; (2001 (2) JIC 304 (All) Ranvir Singh v. District Judge shrawasti; 2003 (1) JIC 33 (All), Satish chandra v. State of Uttar Pradesh, 2003 (1) jic 302 : (2003 All LJ 1769) (All) Dharam vir Singh v. State of Uttar Pradesh in support of above submissions.
( 5 ) LEARNED standing counsel refuting the submissions of counsel for the petitioner contended that the District Magistrate in the present case was fully Justified in suspending the petitioners license on being satisfied that the grounds exist for suspension within the meaning of Section 17 (3) of the arms Act. 1959. He submits that the suspension is not on mere pendency of criminal case but on the basis of assessment of circumstances and events which led to registration of a criminal case. He has placed reliance on Full Bench judgments of this court reported in 1984 AWC 145 : (1986 All LJ 328) chhanga Prasad Sahu v. State of uttar Pradesh, 1985 (22) ACC 353 : (AIR 1985 All 291) kailash Nath v. State of Uttar pradesh, 1995 All CJ 200 : (1996 All LJ 301) rana Pratap Singh v. State of Uttar Pradesh.
( 6 ) I have considered the submissions of learned counsel for both the parties and perused the record.
( 7 ) SECTION 17 of the Arms Act. 1959 empowers the licensing authority to suspend the, license or revoke a license by an order in writing. Section 1 7 Sub-Section (3) of the arms Act is quoted as below: -
" 17 (3) The licensing authority may by order in writing suspened a licence for such period as it thinks fit or revoke a licence - (a) If the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or (b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or (c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it. Or (d) if any of the conditions of
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