Back
IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
IRSHAD ALI
Rajesh Kumar Singh – Appellant
Versus
Commissioner Lucknow Division Lucknow – Respondent
| Table of Content |
|---|
| 1. procedural history and factual matrix of license revocation dispute. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' contentions regarding arbitrary license cancellation. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. review of judicial precedents on arms act provisions. (Para 12 , 13 , 14) |
| 4. pendency of criminal cases alone does not justify license revocation. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. quashing of orders; requirement for reasoned administrative decisions. (Para 22 , 23 , 24 , 25) |
JUDGMENT :
IRSHAD ALI, J.
1. Heard Mr. Vinay Mishra, learned counsel for the petitioner learned Standing Counsel for the State-respondent.
2. By means of the present writ petition, the petitioner is challenging the orders dated 22.12.2003 (Annexure-1) and 25.11.2008 (Annexure-2). Further prayer has been made to issue direction to the respondents not to revoke the D.B.B.L. license of the petitioner due to mere pendency of a criminal case against the petitioner.
3. Factual matrix of the case is that the petitioner was issued Arms License No.5626/1998 bearing DBBL Gun No.99/73. One Neelam Srivastava, the then Gram Pradhan of Village Paharpur, P.S. Banthara, District Lucknow, due to some enmity, moved a c
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
