SADRI RAM Vs. DISTRICT MAGISTRATE LICENSING AUTHORITY AZAMGARH

JUDGEMENT

(1.) Challenge In the instant petition is to the order dated 24.12.1997 of the District Magistrate, Azamgarh, whereby the petitioner's firearm's licence has been suspended and at the same time, the petitioner has been called upon to show cause why the licence be not revoked/cancelled. The District Magistrate. Azamgarh, purports to have suspended the petitioner's fire- arm licence pending enquiry into cancellation of the licence set afoot on the basis of police report which led the District Magistrate to form an opinion keeping in view the public peace and public security, that the licence of the petitioner was liable to be cancelled and it would be prejudicial to the interest of public to allow him to retain the arms.

(2.) The question canvassed at the bar by Sri Ramesh Ral, counsel appearing for the petitioner was that in view of the Full Bench decision of this Court in the case of C. P. Sahu, v. State, 1984 AWC 145, the licensing authority was not clothed with the jurisdiction to suspend petitioner's fire-arm licence pending enquiry into cancellation-revocation of the licence. This submission of the counsel for the petitioner was met with stiff resistance by the standing counsel Sri Ran Vijay Singh. The submission brought to bear in vindication by him is that the Full Bench decision of the Court in C. P. Sahu's case, (supra) would not operate to the detriment of the power of the licensing authority to suspend the fire-arm licence pending enquiry into the cancellation/revocation of the licence if it is pursuaded to the view that the suspension of fire-arm has been rendered indispensable for maintaining public peace and public security. The question begging answer herein, being a pure question of law. I feel called to dispose of the petition finally at the admission stage itself.

(3.) Section 17 (3) of the Arms Act, 1959, empowers the licensing authority to suspend a licence for such period as it thinks fit or revoke a licence in writing"(