The cancellation of a firearm licence must be necessary for the security of public peace or public safety, and there must be a finding based on relevant material to justify the revocation.

Ashwani Kumar Mishra, J.

1. This writ petition is directed against order dated 10th September, 2009 passed by the District Magistrate, Maharajganj, cancelling petitioner's firearm licence, as well as the order passed by the Commissioner dated 18.4.2011 affirming it in appeal, filed under Section 18 of the Arms Act, 1959 (hereinafter referred to as the 'Act').

2. Petitioner claims to be a businessman, residing at Nichlaul Town of District Maharajganj. He was granted Licence No.2208 of a Revolver for his personal security. His firearm licence has been cancelled on the ground that petitioner is an accused in Case Crime No.22 of 2007 lodged under Sections 147, 148, 436, 427, 188 and 120-B IPC read with Section 3(1) of the Prevention of Damage to Public Property Act, 1984, and Section 7 of Criminal Law Amendment Act, Police Station Nichlaul, District Maharajganj. On account of pendency of said case crime against the petitioner, his firearm licence has been cancelled by District Magistrate, Maharajganj on 10.9.2009.

3. According to petitioner, he has been falsely implicated in the aforesaid case crime, and there is no allegation of misuse of firearm, which may justify cancellation of firearm licence. It is also stated that the order is based wholly upon assumptions, and cannot be sustained in view of the provisions contained under Section 17 of the Arms Act.

4. A counter affidavit has been filed stating that petitioner is an accused of Case Crime No.22 of 2007, in which serious allegation of damage to public property etc. have been levelled. It is stated that two UPSRTC Buses and other public property had been damaged in the incident, and trial is pending.

5. I have heard Sri B.K. Tripathi, learned counsel for the petitioner and learned Standing Counsel for the respondents, and have perused the records.

6. From the materials brought on record before this Court, it is apparent that petitioner was issued a licence of Revolver and there is no allegation of misuse of firearm by him. The only ground for cancellation is petitioner's implication in Case Crime No.22 of 2007. This is explained by stating that the local member of Parliament belonging to a particular party had been arrested, and a public agitation took place, in which more than 50 persons were shown as accused. Copy of the First Information Report has been annexed alongwith the counter affidavit. It is stated that there was no specific allegation levelled against any person. Petitioner also contends that he was falsely implicated at the instance of certain vested political interest. It is also argued that law is settled that mere pendency of a criminal case cannot otherwise be a ground to cancel firearm licence. In this regard, it would be relevant to note that jurisdiction vests in the licensing authority to revoke a firearm licence under Section 17 of the Arms Act. Sub-section (3)(b) of Section 17 of the Arms Act, 1959, which is relevant may be reproduced: -

"17(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence--

(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"

7. In the facts and circumstances of the present case, there is no allegation of misuse of firearm by the petitioner. There is further no finding based upon any relevant material or document on record to show that revocation of petitioner's firearm licence is necessary for security of public peace or for public safety. The mere fact that petitioner may misuse his firearm licence cannot be a ground to cancel the firearm licence. Mere pendency of a criminal case also cannot be a ground to cancel the firearm licence. This Court finds substance in the argument of petitioner that the criminal case have involved political implications, as it is claimed that violence broke out upon the arrest of member of Parliament, in which large number of persons i