The Licensing Authority has no power to suspend an arms licence pending inquiry into its cancellation/suspension and cannot suspend the licence for an indefinite period.

Headnote:
Arms Licence - Suspension Pending Inquiry - The court held that the Licensing Authority has no power to suspend the arms licence pending inquiry into its cancellation/suspension, and the suspension for an indefinite period is not permissible. The impugned suspension order was quashed, and the appeal was allowed.
Fact of the Case:

The appellant's arms licence was suspended pending inquiry into its cancellation, which was challenged in a writ petition.
Finding of the Court:

The court found that the impugned suspension order was liable to be quashed, and the learned Single Judge erred in not passing an order to that effect. The appeal was allowed, and the judgment and order of the Single Judge were set aside.
Issues: The issue was the validity of the suspension of the appellant's arms licence pending inquiry into its cancellation.
Ratio Decidendi: The court relied on the case of Sadri Ram v. District Magistrate/licensing Authority, District Azamgarh and others, which held that the Licensing Authority has no power to suspend the arms licence pending inquiry into its cancellation/suspension and cannot suspend the licence for an indefinite period.
Final Decision: The appeal was allowed, and the judgment and order of the Single Judge were set aside. The part of the order suspending the appellant's arms licence was also set aside, without prejudicing the ongoing inquiry into its cancellation.

Heard the learned Counsel for the appellant and the learned Standing Counsel and perused the order dated 6-6-2001 passed by the District Magistrate, Shrawasti whereby the arms licence of the appellant has been suspended pending inquiry into its cancel lation as also the impugned judgment of the learned Single Judge dated 14-6-2001 whereby the writ petition wherein the im pugned suspension order was challenged has been disposed of.

2. In a case of Sadri Ram v. District Magistrate/licensing Authority, District Azamgarh and others, 1998 (16) LCD-1064 it has been held after taking into con sideration the earlier Full Bench decisions of this Court that the Licensing Authority has no power to suspend the arms-licence pending inquiry into its cancella tion/suspension not has its the power to suspend the licence for an indefinite period. In the instant case the arms-licence of the appellant has been suspended pending inquiry into its cancel lation. In these circumstances, we are of the view that impugned order of suspension was liable to be quashed and the learned Single Judge fell into error in not passing an order to that effect.

3. We, therefore, allow the appeal and set aside the judgment and order dated 14-6-2001 passed by the learned Single Judge and also that part of the order passed by the District Magistrate/licens ing Authority, Shrawasti whereby, the arms- licence of the appellant has been suspended. It is made clear that this will not prejudice the on going inquiry into cancellation of the appellants arms licence.

Appeal allowed.

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Judicial Analysis

2001 Supreme(All) 594

HIGH COURT OF ALLAHABADS.R.Singh, Bhagwan Din RANVIR SINGH VersusDISTRICT MAGISTRATE SHRAWASTI Decided On : 27 June 2001 Special Appeal No. 198 of 2001

The Licensing Authority has no power to suspend an arms licence pending inquiry into its cancellation/suspension and cannot suspend the licence for an indefinite period.

Judicial Analysis

HIGH COURT OF ALLAHABAD
S.R.Singh, Bhagwan Din
RANVIR SINGH
Versus
DISTRICT MAGISTRATE SHRAWASTI
Decided On : 27 June 2001
Special Appeal No. 198 of 2001