BRAHM PAL SINGH Vs. DISTRICT MAGISTRATE MUZAFFAR NAGAR

JUDGEMENT

(1.) ANJANI Kumar, J. By means of present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order passed by the Licensing Authority under the provision of Section 17 (3) of the Arms Act, thereby suspending the arms licence of the petitioner pending enquiry asking him to show cause as to why the fire-arm licence of the petitioner should not be cancelled/revoked for the reasons stated in the order impugned in the present writ petition.

(2.) HEARD learned Counsel appearing on behalf of the petitioner and the learned Standing Counsel for the Respondents.

(3.) THE learned single Judge has further observed that whenever a proceeding under sub-section (3) is initiated for suspending or revoking 'a licence' and the 'licensing authority' deems it necessary for security of public peace or for public safety to suspend or revoke 'the licence', the said authority can in exercise of that power suspend the licence during pendency of these proceedings without any hindrance from other provisions in the Act, as laid down in Balram Singh's case.