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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
IRSHAD ALI,
Ram Pal – Appellant
Versus
Commissioner Lucknow Div. Lucknow – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Mr. Rajesh Kumar Agnihotri, 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 6.11.2019, passed by the respondent No.1 in Appeal No.01077/2019 (Ram Pal Vs. State of U.P.) under Section 18 of the Arms Act, 1959 as well as order dated 18.3.2019, passed by the respondent No.2, 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.418 (DBBL Gun No.1657/1632) relating to Police Station Kotwali Mishrikh, District Sitapur.
3. Factual matrix of the case is that the petitioner was licensee of DBBL Gun No.1657/1632 bearing license No.614 relating to police station Kotwali Mishrikh, District Sitapur. 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
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 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.
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....
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