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2021 Supreme(All) 840

SAURABH SHYAM SHAMSHERY
Indrajeet Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vikram Yadav, P.K. Upadhyay

JUDGMENT :

1. The issue for consideration in this writ petition is:-

    ‘Whether an aquittal in a criminal case/cases of a licensee (under the Arms Act, 1959) itself is relevant and sufficient ground to alter/set-aside/review the order of suspension/cancellation of the arms licence passed (under Section 17 of the Arms Act, 1959) due to pendency of said criminal case/cases on the ground that very basis is now wiped out’? or

‘Whether the nature of acquittal i.e. honorable acquittal/acquittal granting benefit of doubt/prosecution unable to prove case beyond reasonable doubt, would still be relevant and sufficient ground for subjective satisfaction of the licensing authority to continue suspension/revocation of the arms licence specifically in cases where there was allegation of misuse of fire arm or offences of serious nature such as offences are against the State, offence against public tranquillity, offences affecting human body, offences affecting life, and sexual offences etc.?

2. P.K. Upadhyay, learned counsel for the petitioner has submitted that since subsequently there was an acquittal in the criminal case, the basis of the notice for cancellation of arms licence itself disappears,

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