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SAURABH LAVANIA
Arjun Prasad @ Arjun Prasad Mishra – Appellant
Versus
Commissioner, Devi Patan Mandal, Gonda – Respondent
JUDGMENT :
Saurabh Lavania, J.
Heard.
2. By means of the present petition, the petitioner has assailed the order(s) dated 18.01.2023 passed by opposite part No.1/Commissioner, Devi Patan Mandal Gonda in Case No.00463/2021(Arjun Prasad Vs State, Computerized Case No.C202108000000463) under Section-18 of Indian ARMS ACT , 1959 (in short "Act, 1959") and order dated 18.03.2021 passed by opposite party No.2/District Magistrate, Baharaich, District-Bahraich in Case No.00484/2021 (State Versus Arjun Prasad, Computerized Case No.D202108150000484) under section-17 (3) of Act, 1959.
3. For the purpose of relief(s) sought by means of present petition, learned counsel for the petitioner has placed reliance on the judgments passed by this Court in the cases of Ram Murti Madhukar vs. District Magistrate , Sitapur (1998(16) LCD-905) and Ram Prasad vs. Commissioner and Ors. decided on 07.02.2020 in Writ-C No.56378 of 2006, wherein it has been held that mere pendency of criminal case or apprehension of misuse of arms are not sufficient grounds for passing the order of suspension or revocation of license under Section 17 of the Act.
4. He further says from the orders impugned, it is apparent that arms
The pendency of a criminal case alone cannot justify the revocation of an arms license; substantial evidence is necessary to demonstrate a threat to public safety.
Mere pendency of a criminal case does not justify cancellation of an arms license under the Arms Act; a substantial threat to public safety must be demonstrated for revocation.
Mere involvement in a criminal case does not justify cancellation of a firearm license under the Arms Act; evidence of the license holder's misuse is required.
The competent authority has the power to revoke an arms license if it deems necessary for the security of public peace or public safety, and the scope of judicial review in such matters is limited.
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