The cancellation of a firearm license must be justified for the security of public peace or public safety as required by the Arms Act, 1959. The licensing authority must act in a quasi-judicial manner and exercise judicial discretion fairly and honestly in accordance with the principles of natural justice and the objective existence of the grounds or circumstances envisaged in the relevant section.

( 1 ) PETITIONER, Heera Lal Verma, held a fire-arm licence, it being licence No. 35054, under the authority of which he acquired 588l gun No. Ya 20707. By means of a notice dated 10-11-1986, he was required to show cause as to why the said licence be not cancelled. The relevant portion of the notice as reproduced below, enlists in all five grounds for cancelling the licence issued to the petitioner. The petitioner put in reply to the allegations made in the aforesaid show cause notice and at the same time he deposited the fire arm in the Malkhana. In reply, the petitioner repudiated the allegations made in the show cause notice and stated that his son Rajendra Lal Varma was murdered by one Vikrarn Singh, a suspended Patwari and son-in-law of one Jagdish Singh Boara; that no enquiry whatsoever was held by the Sub Divisional Magistrate as alleged, and that he never misbehaved with the Sub Divisional Magistrate, namely A. S. Nayal, and on the contrary, it was alleged that Sri Nayal had been won over by Sri Jagdish Singh Boara, who claimed Sri Nayal as his relative. According to the petitioner, his son having been murdered, the fire-arm was practically necessary for the protection of his life and property. The petitioner ascribed the proceedings having been launched against him without any legitimate basis and born of reports which were tainted with mala fide.

( 2 ) UPON receipt of the reply, to the show cause notice, the District Magistrate rescinded the licence vide order dated 31-9-88. The relevant portion of the order is quoted below.

( 3 ) AGGRIEVED by the order terminating in the cancellation of the licence, the petitioner filed an appeal before the Commissioner, Kumaon Division Nainital and by order dated 20-12-1988, the Commissioner dismissed the appeal of the petitioner, giving rise to the present petition under Article 226 of the Constitution of India.

( 4 ) I have heard the learned counsel for the petitioner and also the learned Standing Counsel. I have also been taken through the relevant papers on record and upon a consideration of the submissions made at the bar I feel that the impugned orders bristling with infirmities in law inasmuch as the order cancelling the licence is not founded on any of the grounds mentioned in the show cause notice. Rather, it is premised on the grounds far removed from the ones mentioned in the show cause notice and they are that Vikram Singh, son-in-law of the complainant Jagdish Singh Boara, had been arrayed as accused in the murder case of the petitioners son and the trial in the court of the Sessions Judge had ended in acquittal of the accused, but the matter was taken to the High Court in appeal as a result of which tension between them was simmering and according to the District Magistrate, this could escalate into breach of peace in the village.

( 5 ) IN the light of the contents in the order of the District Magistrate, it would be useful to examine the provisions of S. 17 (3) of the Arms Act, 1959, which provides that the Licensing Authority may, by order in writing, suspend the licence for such period as it thinks fit or revoke a licence. (3) (A) If the licensing authority is satisfied that 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 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; 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