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2014 DIGILAW 3628 (ALL)

Dharam Veer Singh v. State of U. P. Thru Secy.

2014-12-04

MAHESH CHANDRA TRIPATHI

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JUDGMENT Mahesh Chandra Tripathi,J. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. By means of the present writ petition, the petitioner has prayed for quashing the impugned orders dated 09.02.2011 and 23.05.2011 passed by the respondent Nos. 3 and 4 respectively and to restore his fire arm licence No. 3810 of S.B.B.L. Gun. 3. Learned counsel for the petitioner submits that arm licence of the petitioner had been cancelled on the ground that the petitioner had been implicated in Case Crime No. 396 of 2001 under Section 302 IPC and Case Crime No. 37 of 1979 under Sections 147, 325, 452, 506 IPC, Police Station Purkazi, District Muzaffar Nagar. Learned counsel for the petitioner further submits in case crime No. 396 of 2001, the petitioner had been falsely implicated due to party politics of the village, in which police, Kazipur himself has submitted final report against the petitioner and in case crime No. 37 of 1979, the petitioner has been acquitted by 1st Additional Chief Judicial Magistrate, Muzaffar Ngar vide order dated 06.03.1991. He further submits that the Trial Court had held that there was no involvement of the petitioner in the said criminal case, as such the orders impugned cannot be sustained. 4. However, learned Standing Counsel has tried to support the impugned orders for the reasons stated therein and further submits that the petitioner was involved in the criminal cases. Therefore, the authority, while conferring the licence, had every right to scrutinize the credential and other details of the person as per the Arms Act. 5. The question, as to whether mere involvement in a criminal case or pendency of a criminal case can be a ground for revocation of licence under the Arms Act, has been dealt with by a Division Bench of this Court reported in 1978 AWC, 122 (Sheo Prasad Mishra vs. District Magistrate). The Division Bench relied upon the earlier decision of another Division Bench of this Court in the case of Masi Uddin vs. Commissioner, Allahabad, 1972 ALJ 573, wherein it has been held: - "A licence may be cancelled, inter-alia, on the ground that it is "necessary for the security of public peace or for public safety, to do so. The Division Bench relied upon the earlier decision of another Division Bench of this Court in the case of Masi Uddin vs. Commissioner, Allahabad, 1972 ALJ 573, wherein it has been held: - "A licence may be cancelled, inter-alia, on the ground that it is "necessary for the security of public peace or for public safety, to do so. The District Magistrate has not recorded a finding that it was necessary for the security of the public peace or for public safety to revoke the licence. The mere existence of enmity between a licencee and another person would not establish the "necessary" connection with security of the public peace or public safety. In the case before us also the District Magistrate has not recorded any finding that it was necessary to cancel the licence for the security of public peace or for public safety. All that he has done is to have referred to some applications and reports lodged against the petitioner. The mere fact that some reports had been lodged against the petitioner could not form basis for cancelling the licence. The order passed by the District Magistrate and that passed by the Commissioner cannot, therefore, be upheld on the basis of anything contained in Section 17(3)(b) of the Act." 6. In 2004(1) JIC 507 (Bhagwan Das vs. Commissioner, Agra Division, Agra) this Court has held that once the licencee has been acquitted, even if it is assumed to be a ground justifying cancellation, the same is no more in existence. The provision of Sub-section (3) & (4) of Section 17 of the Arms Act provides various conditions for variation/cancellation or suspension of the arms licence. Sub Sections(1) to (5) of Section 17 of the Act are reproduced as under: - "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. 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" 10. Even otherwise, it is well settled that mere involvement in a criminal case, is no ground for cancelling a licence under Section 17 of the Act. 11. Similar view has been taken by this Court in various decisions relying upon the Division Bench judgment passed in Sheo Prasad Mishra( supra). 7. There is no doubt that the District Magistrate and the Commissioner i.e. administrative authorities are bound to take appropriate action in the matter of grant of licence and also its cancellation for the purpose of maintaining peace and harmony in the society. 7. There is no doubt that the District Magistrate and the Commissioner i.e. administrative authorities are bound to take appropriate action in the matter of grant of licence and also its cancellation for the purpose of maintaining peace and harmony in the society. The assessment of administrative authorities with regard to grant or cancellation of licence should not be interfered in usual course by the Court in its extraordinary jurisdiction unless there is illegality or arbitrariness. 8. In the case in hand, the firearm licence of the petitioner has been cancelled on the charges of mere involvement in the criminal cases in which he has been acquitted by the Competent Court. 9. In view of above, the impugned orders cannot sustain. 10. The writ petition is allowed and the impugned orders dated 09.02.2011 and 23.05.2011 are hereby quashed. 11. The Court, however, is not aware of the fact as to whether the petitioner has been involved thereafter in any criminal activities. It would, therefore, be proper for Competent Authority to consider the matter afresh and pass appropriate order on the arms licence of the petitioner after calling for a fresh report in accordance with law within a period of two months from the date of production of certified copy of this order before him. 12. The release of gun to the petitioner would be subject matter of enquiry and fresh orders passed by the licensing authority.