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CHANDRA KUMAR RAI
Ranvijay Singh – Appellant
Versus
State of Uttar Pradesh Thru Secy. Home – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Sunil Kumar Singh, learned counsel for the petitioner, Mr. Prabhakar Tripathi, learned Standing Counsel for the State-respondents and perused the record.
2. Brief facts of the case are that petitioner was granted license No. 982/PII for DBBL Gun (12 Bore) No.9854/03 in the year 2003. In the year 2008, a criminal case was registered under Section 302 IPC, in which, petitioner was not named. The aforementioned criminal case was proceeded and petitioner was implicated during investigation. On the basis of aforementioned criminal case u/s 302 IPC, a show cause notice dated 26.04.2008 was issued in the name of petitioner and on the basis of ex-parte order dated 26.12.2008, licence of the petitioner was cancelled. Petitioner filed an appeal under Section 18 of the Arms Act before the Commissioner, Varanasi Division Varanasi, and the Commissioner, vide order dated 03.06.2009, dismissed the appeal, hence, this writ petition for the following reliefs :-
The mere pendency of a criminal case does not justify the cancellation of a firearm licence, especially when the individual has been acquitted.
mere involvement in a solitary criminal case cannot be a ground for cancellation of a firearm license.
Mere pendency of criminal charges does not justify cancellation of a firearm licence without evidence of misuse or threat to public peace.
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.
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.
The mere pendency of a criminal case does not justify the cancellation of a firearm licence; evidence of 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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