CHHANGA PRASAD SAHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) While considering the question as to whether the Executive Authorities have jurisdiction or power to suspend an arms licence pending enquiry into proceedings for its cancellation or suspension, a Division Bench of this Court has referred following questions of law for the opinion of a Full Bench :- "(1) Whether there is power to suspend an arms licence pending enquiry into its cancellation or suspension? (2) Whether in view of the statutory provisions is it incumbent upon the authorities to afford an opportunity of hearing prior to suspension pending enquiry?" And this is how the matter has come up before us.

(2.) It is apparent that the second question mentioned above would arise for consideration only if the first question is answered in the affirmative. In order to answer the first question, it will be necessary to determine the nature of the enquiry which a licensing authority is, under the provisions of Section 17 of the Arms Act, 1959 (hereinafter referred to as the Act), expected to conduct before ordering cancellation or suspension of an arms licence.

(3.) Sub-sections (3) and (5) of Section 17 of the Act which are relevant for our purpose read thus : -