AMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner's firearm licence has been cancelled by the District Magistrate of Kaushambi vide order dtd. 3/12/2008 in exercise of powers under Sec. 17 of the Arms Act. That order has been upheld in appeal by the Commissioner, Allahabad Division, Allahabad (now Prayagraj) by his order dtd. 1/7/2015. It is these orders depriving the petitioner of his firearms licence that he impugns through the present writ petition .

(2.) The petitioner was granted a firearm licence in the year 1997 bearing no. 9050, entitling him to hold a D.B.B.L. Gun. The licence was granted by the Licensing Authority under the Arms Act, 1959 in accordance with law. The petitioner purchased a D.B.B.L. bearing no. 94400486. It appears that acting on a report by the Police of Police Station Saini, District Kaushambi, recommending cancellation of the petitioners firearms licence, Case No. 102/167 of 2007-08 was registered before the District Magistrate, Kaushambi. The petitioner was put to notice. At one stage of proceedings, the case proceeded ex parte but later on before orders could be passed, upon the petitioners application dtd. 18/7/2007 the order to proceed ex parte was set aside and the petitioner was granted opportunity to object. The petitioner filed objections to the show cause notice on 31/7/2008. It was said in their report by the Police that the petitioner had misused his firearm held on the licence leading to registration of Case Crime No. 61 of 21995, under Ss. 147, 148, 307, 427 IPC, P.S. Saini, District Kaushambi, and further, another Crime No. 199 of 2007 under Ss. 352, 406, 506 IPC, P.S. Saini, District Kaushambi.

(3.) The petitioner filed his objections as aforesaid saying that the firearms licence, subject matter of proceedings for cancellation, was issued in the year 1997, and therefore, Crime No. 61 of 1995 could not at all relate to a possible misuse of his firearm held on the subject licence. The report of the Police on this score was castigated as baseless. It was also said by the petitioner that going by the principles of settled law laid down by this Court, a firearm licence could not be cancelled because a case had been registered against him by the Police or even a charge sheet filed. It was in particular pointed out that so far as Case Crime No. 199 of 2007 was concerned, the petitioner had been tried in the case arising from the said crime and acquitted by the learned Chief Judicial Magistrate, Kaushambi vide his judgment and order dtd. 31/10/2014. The other crime, that is Case Crime No. 61 of 1995, related to a period of time when the petitioner did not hold the firearms licence at all, obviating any possible misuse of the weapon in the said crime. It is on the basis of these facts and defences that the petitioner asked the Licensing Authority to discharge the notice for cancellation.