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2015 DIGILAW 48 (UTT)

BHANU SINGH v. STATE OF UTTARAKHAND

2015-01-20

ALOK SINGH

body2015
JUDGMENT Hon’ble Alok Singh, J. (Oral) Present petition is filed assailing the judgment and order dated 31.01.2000, passed by the District Magistrate Haridwar as well as judgment and order dated 29.06.2002, passed by the Commissioner Garhwal Division whereby arm licence of the petitioner was revoked/cancelled and statutory appeal filed by the petitioner was also dismissed. 2. The brief facts of the present case, inter alia, are that petitioner was granted arm licence No. 342 of 1973 for double barrel gun; a show cause notice was issued to the petitioner on 08.05.1997 under Section 17 of the Arms Act, 1959 to show cause as to why arm licence of the petitioner may not be cancelled/revoked. Ground to revoke the arm licence was shown that petitioner was quarrelsome person having relation with unlawful elements and Case Crime No. 224 of 1995, under Sections 147, 341, 336, 511 I.P.C. read with Section 7 of the Criminal Law Amendment Act was registered against the petitioner with Police Station Jwalapur, District Haridwar. 3. Petitioner appeared and filed his reply to the show cause notice. Thereafter, learned District Magistrate was pleased to cancel the licence on the ground that Police has reported to the District Magistrate that 2 petitioner is quarrelsome person and Criminal Case, being Case Crime No. 224 of 1995 was registered against the petitioner. 4. Undisputedly, petitioner has already been acquitted by the 2nd A.C.J.M. Haridwar vide judgment dated 24.02.2000 in Case Crime No. 224 of 1995, the very basis of the cancellation of the arm licence. 5. This Court in the case of Sukhdev Singh Vs. State of Uttarakhand and others reported in 2014 (2) U.D., 207 in paragraph Nos. 4, 5, 6, 7, 9 and 11 has held as under:- “4. 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. (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 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 there under 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. (7) A court convicting the holder of a licence of any offence under this Act or the rules made there under 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. (8) An order of suspension or revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision. (9) The Central Government may, by order in the Official Gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licences granted under this Act thought India or any part thereof. (10) On the suspension or revocation of a licence under the section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation.” 5. Arms licence can be revoked or suspended if either of the conditions mentioned in sub-section (3) of Section 17 of the Act is satisfied. Besides this, arms licence can also be revoked on the application of the licence holder. 6. Learned Standing Counsel, appearing for the State, vehemently argued that arms licence was cancelled/revoked by invoking sub-section (3) of Section 17 of the Act. 7. As per Section 17 (3) (b) of the Act, if licensing authority deems it necessary for the public peace and public safety, may suspend or revoke the licence. Undisputedly, there was no criminal case registered against the petitioner except F.I.R. No. 35 of 2008, Police Station Kunda, District Udham Singh Nagar wherein petitioner was acquitted by the learned Judicial Magistrate vide order dated 26.02.2010 which has attained finality. 9. In my considered opinion to invoke Section 17 (3) (b) of the Arms Act, 1959, it must be established that petitioner is threat to pubic peace and public safety. In view of the observation made hereinbefore, it cannot be established that petitioner is threat to the public peace and public safety. 11. As observed hereinbefore to invoke Section 17 (3) (b) of the Arms Act, State has to establish that licence holder is a threat to public safety and public peace. It is not for licencee to prove in negative that he is not a threat to public peace and safety. 11. As observed hereinbefore to invoke Section 17 (3) (b) of the Arms Act, State has to establish that licence holder is a threat to public safety and public peace. It is not for licencee to prove in negative that he is not a threat to public peace and safety. Judgment passed by the learned Commissioner seems to be outcome of non-application of judicial mind.” 6. In the present case, neither the District Magistrate nor the Appellate Authority has observed that petitioner is a threat to public safety and public peace. Mere registration of the criminal case which has resulted into the acquittal seems to be no good and valid ground to revoke the arm licence. 7. Present case seems to be covered by the judgment passed by this Court in the case of Sukhdev Singh (Supra). Therefore, present petition is allowed. Impugned judgments / orders passed by the District Magistrate as well as Divisional Commissioner, Garhwal are hereby quashed. 8. No order as to cost.