The licensing authority does not have the power to suspend an arms license pending enquiry into its cancellation or suspension. The principles of natural justice are not applicable at the stage of passing of the order of suspension or revocation of an arms license.

H. N. SETH, J.

( 1 ) WHILE considering the question as to whether the Executive Authorities have jurisdiction or power to suspend an arms licence pending enquiry into proceedings for its cancellation or suspension, a Division Bench of this Court has referred following questions of law for the opinion of a Full Bench :-" (1) Whether there is power to suspend an arms licence pending enquiry into its cancellation or suspension? (2) Whether in view of the statutory provisions is it incumbent upon the authorities to afford an opportunity of hearing prior to suspension pending enquiry?" and this is how the matter has come up before us.

( 2 ) IT is apparent that the second question mentioned above would arise for consideration only if the first question is answered in the affirmative. In order to answer the first question, it will be necessary to determine the nature of the enquiry which a licensing authority is, under the provisions of Section 17 of the Arms Act, 1959 (hereinafter referred to as the Act), expected to conduct before ordering cancellation or suspension of an arms licence.

( 3 ) SUB-SECTIONS (3) and (5) of Section 17 of the Act which are relevant for our purpose read thus : -" (3) the licensing authority may by order in writing suspend 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 public safety to suspend or revoke the licence; or (c) if the licence was obtained by 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement. "

( 4 ) SUB-SECTION (1) of Section 18 of the Act then provides that any person aggrieved by an order of the licensing authority suspending or revoking a licence may prefer an appeal against that order to such authority (referred to as the appellate authority) and within such period as may be prescribed. Sub-section (5) of S. 18, after stating that 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.

( 5 ) A perusal of abovementioned provisions indicates that the licensing authority has been given the power to suspend or revoke an arms licence only if any of the conditions mentioned in sub-clauses (a) to (e) of sub-section (3) of Section 17 of the Act exists. Sub-section (5) of Section 17 makes it obligatory upon the licensing authority to, while passing the order revoking/suspending an arms licence, record in writing the reasons therefor and to, on demand, furnish a brief statement thereof to the holder of the licence unless it considers that it will not be in public interest to do so. According to this section, the stage for recording of the reasons for cancelling or suspendi