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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Vikram D. Chauhan,J.
Sanjeev Kumar – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. cancellation of firearm licence (Para 2) |
| 2. petitioner's defense (Para 3) |
| 3. criminal case details (Para 4 , 5 , 9 , 10) |
| 4. opposition to writ petition (Para 6) |
| 5. findings on cancellation (Para 7 , 8) |
| 6. petitioner's defense evidence (Para 11) |
| 7. no error shown (Para 12) |
| 8. writ petition outcome (Para 13) |
JUDGMENT :
Vikram D. Chauhan, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. By means of the writ petition, the petitioner is challenging the order dated 20.7.2018 passed by Commissioner, Aligarh Division, Aligarh and order dated 29.5.2017 passed by District Magistrate, Etah cancelling the firearm licence of the petitioner.
3. It is submitted by learned counsel for the petitioner that the arms licence of the petitioner was cancelled by order dated 29.5.2017 passed by the District Magistrate, Etah. The ground for cancellation of the arms licence stated to be that the petitioner has mis-behaved with the police personnel and has torn away the challan book at the barrier checking and has misused his firearm for threatening the police. In this respect, a report was submitted by the Senior Superintendent of Police, Etah
The mere pendency of a criminal case does not justify the cancellation of a firearm licence; evidence of misuse is required.
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 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.
The mere pendency of a criminal case does not justify the cancellation of a firearm licence, especially when the individual has been acquitted.
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.
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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