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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vikram D. Chauhan,J.
Satyaveer – Appellant
Versus
State Of U P – Respondent
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard Ms. Priti Chaudhary, Advocate holding brief of Sri Bheshaj Puri, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State-respondents.
2. It is submitted by learned counsel for the petitioner that the initially the petitioner was granted two firearm licence. One being .32 Bore Revolver and the other being 12 Bore Rifle. The present matter is in respect of the cancellation of arms licence pertaining to .32 Bore Revolver. By means of the impugned order dated 7.12.2012 the firearm licence of the petitioner has been cancelled on the ground of pendency of a criminal case being Case Crime No.1056 of 2010, under Sections 147, 323, 504, 506, 171C I.P.C. and Section 7 Criminal Law Amendment Act. The licence of other 12 Bore Rifle has already been restored on the similar facts by this Court by order dated 23.7.2013, which has been accepted by the respondents. Thereafter, the licence in respect of the .12 Bore Rifle has been restored. The order dated 23.7.2013 passed in Writ C-No.32621 of 2012 is extracted hereunder:-
"An arms license of the petitioner has been cancelled on the ground of pendency of a criminal case, q
Mere pendency of criminal charges does not justify cancellation of a firearm licence without evidence of misuse or threat to public peace.
The mere pendency of a criminal case does not justify the cancellation of a firearm licence, especially when the individual has been acquitted.
The mere pendency of a criminal case does not justify the cancellation of a firearm licence; evidence of misuse is required.
mere involvement in a solitary criminal case cannot be a ground for cancellation of a firearm license.
Cancellation of an arms license requires a factual basis for future misuse; lack of evidence renders the cancellation legally unsustainable.
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.
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