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W. DIENGDOH
William Richmond Marbaniang – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
W. Diengdoh, J. - Facts of the case as could be seen from this petition is that the petitioner herein was an Arms Licence Holder of 2(two) firearms, being a Cogswell and Harrison (0.12 Bore DBBL Gun) and one .22 Bore Rifle, made in Belgium FNB. Licence for such arms was issued by the competent authority on 20.10.1998 being number LN23434A21119.
2. The said licence was supposed to be renewed every three years which was done so till 01.01.2019 valid upto 31.12.2021, whereupon, the petitioner has then submitted the licence in the Office of the District Magistrate, East Khasi Hills District, Shillong for the process of renewal of the same.
3. The petitioner was then communicated vide order No. AE.23/32/2019/45, dated 19th May 2023 issued by the District Magistrate, Shillong that his application for renewal was rejected on the ground that he is said to be involved in Rynjah P.S. Case No 16(03) of 2007 under Section 302 IPC and that the same will be renewed till such case is dropped or dismissed by the court.
4. The petitioner then filed a representation dated 05.06.2023 before the Deputy Commissioner/respondent No. 2 which was not responded to, compelling the petitioner to file ano
The court established that the refusal to renew an arms licence must be based on substantial evidence and proper application of discretion, not merely on pending criminal charges.
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
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....
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.
The central legal point established in the judgment is that the refusal of firearm license renewal must align with the conditions stipulated in the Arms Act, and reasons for refusal must be in accord....
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