GHANSHYAM GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against order dated 10th September, 2009 passed by the District Magistrate, Maharajganj, cancelling petitioner's firearm licence, as well as the order passed by the Commissioner dated 18.4.2011 affirming it in appeal, filed under Section 18 of the Arms Act, 1959 (hereinafter referred to as the 'Act').

(2.) Petitioner claims to be a businessman, residing at Nichlaul Town of District Maharajganj. He was granted Licence No.2208 of a Revolver for his personal security. His firearm licence has been cancelled on the ground that petitioner is an accused in Case Crime No.22 of 2007 lodged under Sections 147, 148, 436, 427, 188 and 120-B IPC read with Section 3(1) of the Prevention of Damage to Public Property Act, 1984, and Section 7 of Criminal Law Amendment Act, Police Station Nichlaul, District Maharajganj. On account of pendency of said case crime against the petitioner, his firearm licence has been cancelled by District Magistrate, Maharajganj on 10.9.2009.

(3.) According to petitioner, he has been falsely implicated in the aforesaid case crime, and there is no allegation of misuse of firearm, which may justify cancellation of firearm licence. It is also stated that the order is based wholly upon assumptions, and cannot be sustained in view of the provisions contained under Section 17 of the Arms Act.