SATISH SINGH Vs. DISTRICT MAGISTRATE SULTANPUR

JUDGEMENT

(1.) HEARD Sri Syed Mohd. Munis Jafari, learned counsel for the petitioner and Sri Jai Shanker Misra learned Standing Counsel and perused record.

(2.) THE petitioner through the present writ petition has challenged the impugned order dated 28.4.2005 passed by the District Magistrate Sultanpur Annexure-1 as well as the order dated dated 3.4.2008 passed by the Commissioner Faizabad Division, Faizabad Annexure-2, with regard to cancellation of petitioner's arms licence for SBBL Gun.

(3.) THE provisions of sub-section (3) and (4) of Section 17 of Arms Act provide various conditions for granting, cancelling or suspending the arms licence. For convenience, sub-sections (1) to (5) of Section 17 of Arms Act are reproduced as under: "17. Variation, suspension and revocation of licences. - (1) THE licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence holder by notice in writing to deliver-up the licence to it within such time as may be specified in the notice. (2) THE licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed. (3) THE licensing authority may, by order in writing suspend a licence for such periods it thinks fit or revoke a licence - (a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or (b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or (c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or (d) if any of the conditions of the licence has been contravened; or (e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence. (4) THE licensing authority may also revoke a licence on the application of the holder thereof. (5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons there for and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement."