An appeal filed under Section 18 of the Arms Act should be decided on merits after affording an opportunity of hearing to the appellant and after perusal of the record of the case.

( 1 ) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ order or direction in the nature of certiorari quashing the order dated 24. 8. 1999 whereby the licensing authority under the Arms Act cancelled the firearm licence of the petitioner. Challenging the validity of the said order, the petitioner preferred an appeal before the Commissioner, Allahabad Division, Allahabad. The Commissioner dismissed the appeal holding that it was not maintainable.

( 2 ) LEARNED counsel for the petitioner submitted that the order passed by the Commissioner is wholly illegal. He should have applied his mind to the facts of the case and should have decided the appeal by means of reasoned order, after perusal of record. Learned standing counsel has only formally opposed this petition. He virtually conceded that the impugned order passed by the commissioner was not a valid order.

( 3 ) AS desired by the learned counsel for the parties, this petition is disposed of finally at this stage.

( 4 ) SECTION 18 of the Arms Act, 1959, provides as under :

"18. Appeals.-- (1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority or the authority to whom the licensing authority is subordinate, suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed : provided that no appeal shall lie against any order made by, or under the direction of the government. (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor : provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within the period. (3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Indian Limitation Act, 1908 (IX of 1908), with respect to the computation of periods of limitation thereunder. (4) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fee as may be prescribed. (5) In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed : provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard. (6) The order appeared against, shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order. (7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final. "

( 5 ) SUB-SECTION (5) of Section 18 provides that in disposing of the application, the appellate authority shall follow such procedure as may be prescribed and that no appeal shall be disposed unless the appellant is given a reasonable opportunity of hearing,

( 6 ) THE procedure to be followed by the appellate authority in an appeal filed under Section 18 of the Act. noted above, has been prescribed under Rule 56 of the rules framed under the Act. The said rule reads as under :

"56. Procedure to be followed by the appellate authority.--On receipt of an appeal, the appellate authority may call for the records of the case from the authority who passed the order appealed against and after giving the appellant a reasonable opportunity of being heard pass final orders. "

( 7 ) FROM a reading of the aforesaid rule, it is evident that an appeal competently filed under section 18 of the Act is to be decided on merits after affording an opportunity of hearing to the appellant and after perus