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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Singh, J.
Sukhdev Singh - Petitioner
Versus
State of Uttarakhand and others - Respondents
Writ Petition No. 2687 of 2013 (M/S)
Decided On : 2-5-2014
Arms Licence Revocation - Arms Act, 1959 - Section 17
Fact of the Case:
The petitioner's arms licence was revoked based on an FIR in which the petitioner was acquitted. The District Magistrate and the Commissioner upheld the revocation. The petitioner filed a writ petition challenging the orders.
Finding of the Court:
The court found that the revocation of the arms licence was unjustified as the petitioner was acquitted in the criminal case and there was no evidence to establish that the petitioner posed a threat to public safety and peace.
Issues: The main issue was whether the revocation of the arms licence was justified under Section 17(3)(b) of the Arms Act, 1959.
Ratio Decidendi: The court held that to invoke Section 17(3)(b) of the Arms Act, it must be established that the licence holder is a threat to public safety and peace. The court also emphasized that it is not the licensee's burden to prove in the negative that he is not a threat.
Final Decision: The court allowed the writ petition, quashed the impugned orders, and directed the District Magistrate to restore the arms licence in favor of the petitioner.
Alok Singh, J.
Present petition is filed assailing the order dated 17th December, 2012, passed by the District Magistrate, Udham Singh Nagar as well as judgment / order dated 20.09.2013, passed by the Commissioner, Kumaon, Nainital whereby arms licence of the petitioner was revoked and appeal filed by the petitioner was dismissed.
2. Brief facts of the present case, inter alia, are that petitioner was granted arms licence No.1257/G11/GPR/90 to have D.P.L. An F.I.R. No. 35 of 2008 was got registered against the petitioner under Sections 147 and 323 I.P.C. on 16.05.2008 at Police Station Kunda, District Udham Singh Nagar. Petitioner ultimately acquitted in F.I.R No. 35 of 2008, Police Station Kunda, District Udham Singh Nagar by the Judicial Magistrate, Kashipur, Udham Singh Nagar vide judgment dated 26.02.2010, annexure No.3 to the writ petition. Petitioner was issued a show cause notice by the District Magistrate, Udham Singh Nagar as to why arms licence granted to the petitioner be not revoked. Petitioner filed his explanation to the show cause notice on 25.02.2010. District Magistrate, vide impugned order dated 17th December, 2012 was pleased to revoke the arms licence of the petitioner on the ground that although petitioner was acquitted in Criminal case being F.I.R. No. 35 of 2008, however as per the report of the police, he was found to be quarrelsome man, therefore, his arms licence was liable to be revoked. Petitioner, filed appeal before the Commissioner which was also dismissed by the learned Commissioner vide order dated 20.09.2013.
3. I have heard Mr. S.R.S. Gill, learned counsel for the petitioner and Mr. R.C. Arya, learned Standing Counsel for the State/respondents and have carefully perused the record.
4. Section 17 of the Arms Act, 1959 reads as under :-
“Section 17 - Variation, suspension and revocation of licences
(1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may be specified in the notice.
(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.
(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence,-
(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or
(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or
(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or
(d) if any of the conditions of the licence has been contravened; or
(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.
(4) The licensing authority may also revoke a licence on the application of the holder thereof.
(5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.
(6) The authority to whom the licensing authority is subordinate may by order in writing suspend or revoke a this section shall, as far as may be, apply in relation to the
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