SHESH NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application arises out of an order passed by the licensing authority cancelling the petitioner's licence for a D.B.B.L. gun.

(2.) An application for cancellation was made by one Rama Nand Singh to the District Magistrate, Bhagalpur, on the ground that the petitioner had attempted to kill him by the gun in question. This complaint resulted in the initiation of an enquiry by the licensing authority and a report was called for from the Superintendent of Police which has been referred to in the appellate order of the Commissioner of Bhagalpur Division, Annexure-4. The report of the Police supported the allegation of the complainant, Rama Nand Singh, that the petitioner was involved in Sabour P.S. Case No.1(9)77 under Section 307 of the Indian Penal Code. The Police report, further indicated that the complainant's family was also associated with criminals who was also a licensee. Acting upon that report the licensing authorities cancelled the licence of both the panics. I find that in the eleventh paragraph of the order, the learned Commissioner has observed that both the parties were involved in litigation and criminal cases and, thus, there was an apprehension that they were likely to misuse the fire arm so much so that in the criminal case, the allegation is that the petitioner had used the fire arm.

(3.) Section 17(3)(b) of the Arms Act empowers the licensing authorities to revoke a licence if it is deemed necessary for the security of the public peace or for public safety. It was contended by Mr. Chandra Shekhar, learned counsel appearing on behalf of the petitioner, that there was no finding in the orders of the licensing authority that revocation of petitioner's licence was for the purpose of the security of the public peace or for public safety. As, in the view, of the learned counsel, those expressions must be given a wider import and cannot relate to such an individual act, at all, to revoke the power of cancellation or suspension of a licence.