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HIGH COURT OF ALLAHABAD
S.P.Mehrotra
SUNIL SINGH
Versus
STATE OF U P
Decided On : 29 April 2009
Civil Misc. Writ Petition No. 31244 of 2007
Arms Act - Revocation of License - Section 17 (3) - Summary of the Act and Sections discussed: Section 17 of the Arms Act deals with the variation, suspension, and revocation of licenses. The Licensing Authority may suspend or revoke a license if it deems it necessary for the security of public peace or public safety. The court considered the relevant considerations for revocation of the license, including the pendency of criminal cases and the nature of the offenses involved.
Fact of the Case:
The petitioner, a license-holder of a gun, sought to quash the order canceling his license based on his involvement in criminal cases. The District Magistrate and the Commissioner upheld the cancellation. The petitioner filed a Writ Petition seeking relief.
Finding of the Court:
The court found that the revocation of the license was necessary for the security of public peace, considering the petitioner's involvement in criminal cases and disputes. The court upheld the decision of the Licensing Authority and the Appellate Authority.
Issues: The issues involved the revocation of the petitioner's gun license based on his involvement in criminal cases and the authority's consideration of relevant factors for revocation.
Ratio Decidendi: The court held that the revocation of the license was justified as it was necessary for the security of public peace, considering the relevant circumstances, including the pendency of criminal cases and the nature of the offenses involved.
Final Decision: The Writ Petition lacked merits and was dismissed by the court.
The present Writ Petition has been filed under Article 226 of the Constitution of India, interalia, praying for quashing the order dated 10. 4. 2007 (Annexure-4 to the Writ Petition) passed by the District Magistrate, Chandauli (respondent no. 3) and the order dated 30. 6. 2007 (Annexure-5 to the Writ Petition) passed by the Commissioner, Varanasi Division, Varanasi (respondent no. 2 ).
It is, interalia, averred in the Writ Petition that the petitioner is a license-holder of 12 Bore D. B. B. L. Gun; and that the license of the said Gun was issued having License No. 8017 in favour of the petitioner by the District Magistrate, Varansi on 1. 10. 1994 after completing all the required formalities; and that the said Gun License was renewed by the authority concerned till 31. 12. 2009.
It is, interalia, further averred in the Writ Petition that the petitioner never misused his licensed Gun since 1994, and no complaint of misuse of Gun was ever made against him by any person; and that the petitioner is a businessman and the area, to which he belongs, is naxalite-affected area, therefore, for his safety purpose the petitioner applied for Gun license, and the same was issued to him.
It is, interalia, further averred in the Writ Petition that on 10. 3. 2007, the Police of Police Station Balua, District-Chandauli submitted a Report against the petitioner recommending for cancellation of his Gun license; and that in the said Report, the concerned Police Station has submitted that the petitioner is a man of criminal nature and he is involved in (1) Case Crime No. 56 of 2005, under Sections 323, 504 I. P. C. , Police Station Balua, District-Chandauli, and (2) Case Crime No. 98 of 2006, under Sections 420, 485, 486,487, 488 I. P. C. and Section 63 of the Copy Rights Act, Police Station Balua, District-Chandauli.
It is, interalia, further averred in the Writ Petition that the aforesaid Report was submitted by the concerned Police Station to the Superintendent of Police, Chandauli, who, by his letter dated 16. 3. 2007, recommended to the District Magistrate, Chandauli for cancellation of Fire Arm License of the petitioner.
It is, interalia, further averred in the Writ Petition that in pursuance of the letter dated 16. 3. 2007 of the Superintendent of Police, Chandauli, and the Police Report dated 10. 3. 2007 of the Police Station Balua, the District Magistrate, Chandauli issued a show-cause notice dated 23. 3. 2007 to the petitioner.
Copy of the said show-cause notice has been filed as Annexure-2 to the Writ Petition.
It is, interalia, further averred in the Writ Petition that in reply to the said show-cause notice, the petitioner submitted his explanation dated 3. 4. 2007.
Copy of the said explanation dated 3. 4. 2007 has been filed as Annexure-3 to the Writ Petition.
After the submission of the explanation by the petitioner, the District Magistrate, Chandauli passed the order dated 10. 4. 2007 under Section 17 (3) of the Arms Act, 1959 (in short "the Act") cancelling the Firm Arm License of the petitioner.
Copy of the said order dated 10. 4. 2007 has been filed as Annexure-4 to the Writ Petition.
The petitioner, thereupon, filed an Appeal under Section 18 of the Act, being Appeal No. 28 of 2007. The Commissioner, Varanasi Division, Varanasi (respondent no. 2) by the order dated 30. 6. 2007 dismissed the said Appeal filed by the petitioner.
Copy of the said order dated 30. 6. 2007 has been filed as Annexure-5 to the Writ Petition.
The petitioner, thereafter, filed the present Writ Petition seeking the reliefs as mentioned above.
Counter affidavit on behalf of the respondents has been filed. The petitioner has filed rejoinder affidavit.
I have heard Shri Amit Kumar Srivastava, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents, and perused the record.
It is submitted by Shri Amit Kumar Srivastava, learned counsel for the petitioner that the license of the petitioner has bee
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