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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
IRSHAD ALI
Aman Ullah – Appellant
Versus
State of U.P Thru Prin Secy Home Lko – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Shri Vijay Kumar, learned counsel for the petitioner and Sri Rajiv Srivastava, learned Additional Chief Standing Counsel for the State-respondent.
2. By means of the present writ petition, the petitioner is challenging the orders dated 4.6.2016, passed by the respondent No.2 in Appeal No.4/2011-2012 ( Amanullah v. State of U.P. ) under Section 18 of the Arms Act, 1959 as well as order dated 23.9.2011, passed by the respondent No.3, District Magistrate, Sitapur, contained as Annexures-1 and 2 to the writ petition. Further prayer has been made for issuance of direction in the nature of mandamus commanding the respondents to restore the fire arms license of the petitioner bearing license No.4315 relating to Police Station Raniganj, District Pratapgarh.
3. Factual matrix of the case is that the petitioner was licensee of DBBL bearing license No.4315 relating to police station Raniganj, District Pratapgarh. A show cause notice was issued on 29.9.2009 to the petitioner under Section 17(3) of the Arms Act regarding cancellation of arms license of the petitioner on the ground of involvement of his gun in criminal case mentioned in the show cause notice that w
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.
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
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.
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