The licensing authority lacks the authority to suspend a firearm license while an investigation into its cancellation or suspension is ongoing.

( 1 ) CHALLENGE In the instant petition is to the order dated 24. 12. 1997 of the District Magistrate, azamgarh, whereby the petitioners firearms licence has been suspended and at the same time, the petitioner has been called upon to show cause why the licence be not revoked/cancelled. The district Magistrate. Azamgarh, purports to have suspended the petitioners fire- arm licence pending enquiry into cancellation of the licence set afoot on the basis of police report which led the District Magistrate to form an opinion keeping in view the public peace and public security, that the licence of the petitioner was liable to be cancelled and it would be prejudicial to the interest of public to allow him to retain the arms.

( 2 ) THE question canvassed at the bar by Sri Ramesh Ral, counsel appearing for the petitioner was that in view of the Full Bench decision of this Court in the case of C. P. Sahu, v. State, 1984 awc 145, the licensing authority was not clothed with the jurisdiction to suspend petitioners fire-arm licence pending enquiry into cancellation-revocation of the licence. This submission of the counsel for the petitioner was met with stiff resistance by the standing counsel Sri Ran Vijay singh. The submission brought to bear in vindication by him is that the Full Bench decision of the Court in C. P. Sahus case, (supra) would not operate to the detriment of the power of the licensing authority to suspend the fire-arm licence pending enquiry into the cancellation/revocation of the licence if it is pursuaded to the view that the suspension of fire-arm has been rendered indispensable for maintaining public peace and public security. The question begging answer herein, being a pure question of law. I feel called to dispose of the petition finally at the admission stage itself.

( 3 ) SECTION 17 (3) of the Arms Act, 1959, empowers the licensing authority to suspend a licence for such period as it thinks fit or revoke a licence in writing" (

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 the licence has been contravened ; or (e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver up the licence. . . . . "

( 4 ) IN the instant case, the licensing authority seemingly formed an opinion that it was necessary for the security of the public peace and public safety to suspend and revoke the licenses as visualised by clause (b) of subsection (3) of Section 17 of the Act. The order would not have drawn a flak, had the licence been suspended for a specified period in that Section 17 (3)visualises that licensing authority may by order in writing suspend a licence for such period as it thinks fit. The period of suspension has not been indicated and instead, the licensee has been called upon to show cause why the licence be not revoked/cancelled.

( 5 ) IN C. P. Sahus case, (supra), a Full Bench was constituted to answer the following questions : (i) Whether there is power to suspend arms licence pending enquiry into its cancellation or suspension? (ii) Whether in view of statutory provisions, it is incumbent upon the authorities to afford an opportunity of hearing prior to suspension pending enquiry. " the Full Bench answered the first question referred to above in negative and declined to answer the 2nd question stemmin