THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No.20201 of 2025

O R D E R

Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondents, and with their consent, the Writ Petition is taken up for hearing and disposal at admission stage.

2. By the present Writ Petition, the petitioner has assailed the action of the 2^nd respondent-authority in issuing the impugned proceeding, dt.26.06.2025, whereby the arms license granted in favour of the petitioner has been cancelled with a further direction to sell the weapon to any authorized arms dealer or any valid arms license holder within 30 days from the date of receipt of the proceedings and to submit the sale particulars to the said authority.

3. It is the further case of the petitioner that though a remedy of appeal is provided under Arms Act, 1959, the said remedy is not a bar inasmuch as the impugned order suffers from various deficiencies viz., jurisdiction, non-disclosure of reasons in the show-cause notice and also non-consideration of the explanation submitted by the petitioner.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondents would submit that at the time of issuance of show-cause notice, dt.28.03.2024, to the petitioner, in all there were three cases pending against him, and the petitioner after submitting explanation thereto on 03.04.2025, had involved himself in another case vide Crime No.207/2024 for the offence punishable under Sections 302, 120B r/w 34 IPC and, for the said reason, the 2^nd respondent-authority considering the overall circumstances had issued the impugned proceeding. 5. I have taken note of the respective submissions made.

6. Though learned counsel for the petitioner sought to impress upon this Court by pointing out the various deficiencies committed by the respondents-authorities while passing the impugned proceeding in order to support the contention of the petitioner being entitled to maintain the present Writ Petition, however, without expressing any opinion on the merits of the matter and taking note of the fact that the petitioner is involved in commission of four crimes as of date, this Court is of the view that the petitioner should be relegated to avail the alternate remedy provided under the Arms Act, 1959 by way of filing appeal under Section 18 thereof.

7. Granting liberty as noted hereinabove, the Writ Petition is disposed of. No order as to costs.

8. Consequently, miscellaneous petitions, if any, pending shall stand closed.

_____________________ T. VINOD KUMAR, J

16^th July, 2025.

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