ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dated 28.08.2006 passed by the District Magistrate, Nalanda in Arms Case No. 11 of 2003 as also for setting aside the order dated 05.02.2013/ 21.02.2013 passed by the Commissioner, Patna Division, Patna, whereby and whereunder the order dated 28.08.2006, cancelling the arms licence of the petitioner, has been upheld.

(2.) The brief facts of the case are that the petitioner was holding an arms license bearing License No. 4/ 1979. Subsequently, an Arms Case No. 11 of 2003 was registered on the basis of a police report dated 26.04.2003, submitted by the Officer-in-Charge, Katrisarai police station and forwarded by the Superintendent of Police, Nalanda, for cancellation of the arms licence of the rifle belonging to the petitioner herein. Thereafter, a notice dated 03.07.2013 was issued from the court of learned District Magistrate, Nalanda to the petitioner herein, directing him to file a show cause reply as to why, on the basis of the said police report dated 26.04.2003, the arms licence of the petitioner be not cancelled. The petitioner had filed a reply stating therein that he had not misused the rifle and has also not violated the terms and conditions of the arms licence. It was further stated that the two police cases, referred to in the show cause notice, had been falsely lodged by one Shashi Bhushan Sharma on account of land dispute and in the said cases, nobody had sustained any firearm injury. Nonetheless, the District Magistrate, Nalanda by the impugned order dated 28.08.2006 cancelled the licence of the petitioner on the ground that the petitioner had misused his licensed arms for unlawful purposes resulting in lodging of two criminal cases being instituted against him and the police, upon investigation of the said cases, had found the occurrence to be true and had submitted charge sheet against the petitioner herein, hence, it was not safe for the society to leave the arms in the hand of the petitioner.

(3.) The petitioner had filed an appeal against the order dated 28.08.2006 passed by the District Magistrate, Nalanda in Arms Case No. 11 of 2003, which was registered as Arms Appeal No. 262 of 2006. The Commissioner, Patna Division, Patna by the impugned order dated 05.02.2013/ 21.02.2013 has rejected the appeal of the petitioner on the ground that two criminal cases of serious nature bearing Katrisarai P.S. Case No. 144 of 2002 and Katrisarai P.S. Case No. 20 of 2003 have been lodged against the petitioner herein and upon investigation, the same have been found to be true, whereafter the police has also submitted the charge sheet against the petitioner herein. The Commissioner had also held that acquittal in a criminal case in itself is not sufficient for retaining a firearm licence and since the petitioner herein is entangled in disputes and violence has been frequently resorted to, it is not in the interest of maintaining peace to allow firearm licence to such persons.