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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Vikram D.Chauhan
Daya Shanker Singh – Appellant
Versus
State Of UP – Respondent
| Table of Content |
|---|
| 1. petitioner's request for license restoration. (Para 2 , 3) |
| 2. arguments on cancellation of arms license. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. cancellation orders set aside due to lack of evidence. (Para 10) |
| 4. writ petition allowed; license to be renewed. (Para 11 , 12) |
JUDGMENT :
Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The present writ petition has been filed by the petitioner seeking the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari to quash the order dated 18.08.2021 and 19.02.2022 passed by respondent no. 3 and 2 repsectively.
(ii) Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondent concerned to restore the arm license no. 1097/P11 (DBBL Gun) 23682-2003 issued in favour of the petitioner."
3. It is submitted by learned counsel for the petitioner that the petitioner is having DBBL gun license and a show cause notice was issued for cancellation of the license against which the petitioner has filed his reply dated 09.10.2020 before the District Magistrate, Ghazipur. The District Magistrate, Ghazipur by order dated 18.08.
Authorities must provide clear evidence of violation for the cancellation of a firearm license; reliance on vague police reports is insufficient.
Authorities must substantiate violations of licensing rules with clear evidence; arbitrary cancellation of arms licence based on unfounded allegations is unlawful.
The court determined that license cancellation under Rule 32 requires clear evidence of violations, which were absent in this case.
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 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 central legal point established in the judgment is the strict interpretation of the provisions of Section 17 of the Arms Act, emphasizing the need for due process and satisfaction that the licens....
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