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2005 DIGILAW 297 (PNJ)

Narinder Singh, Maj. General (Retd. ) v. Union Territory Administration

2005-02-23

HARJIT SINGH BEDI

body2005
Judgment Harjit Singh Bedi, J. 1. The petitioner, who retied as a Major General from the Indian Army has impugned the order, Annexure P-1 dated 14.6.1986 whereby his arms licence No. HDC (Arms/1203-J&K (CARBINE Rifle MI No. 5561711) has been revoked. 2. The facts of the case are that the petitioner was arrested in FIR No. 46 dated 3.2.1986 for offences punishable under Sections 124-A/153-A/506 of the Indian Penal Code and 3/4 of the Terrorist and Disruptive Activities (Prevention) Act, 1984. The Home Secretary, as a consequence, made the impugned order under Sub-section (3) of Section 17 of the Arms Act, 1959 as he deemed it to be necessary for the security of the public and for public safety. 3. The primary grievance of the petitioner is that the procedure envisaged for the revocation or suspension of a licence had not been followed by the District Magistrate. Reference has been made to Section 17 of the Arms Act. The relevant provisions of this Section are reproduced below:- "17. Variation, suspension and revocation of Licences:- (1) xxx xxx (2) xxx xxx (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. (i) requiring him to deliver-up the licence. (4) The licensing authority may also revoke a licence on the application of the holder thereof. (i) requiring him to deliver-up the licence. (4) The licensing authority may also revoke a licence on the application of the holder thereof. (5) xxx xxx (6) The authority to whom the licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which it may be suspended or revoked by the licensing authority and the foregoing provisions of this section shall as far as may be apply in relation to the suspension or revocation of a licence by such authority. (7) A court convicting the holder of a licence of any offence under this Act or the rules made thereunder may also suspend or revoke the licence; Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void." 4. A bare reading of Sub-clause (a) of Sub-section (3) of Section 17 reveals that the licensing authority has to be satisfied that the holder should be prohibited from holding a licence and in such a situation, the licence may be revoked. The word "satisfy" clearly envisages some kind of enquiry after notice to the licence holder. It stands admitted in the written statement that no notice had been served on the petitioner before the order Annexure P-1, had been made. Annexure P-1 must, therefore, be quashed. 5. As the matter had been pending in this Court for years now the danger to security and public safety has long since disappeared, it is left open to the respondents to pass a fresh order against the petitioner, should be need so arise. 6. The writ petition is allowed in the above terms. As the parties unrepresented, a copy of this judgment be sent to the parties free of costs under registered cover.