SHIV KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TO question correctness of the order dated 8.2.2010, passed by the Divisional Commissioner, Bikaner Division, Bikaner, exercising powers under Section 18 of the Indian Arms Act, 1959 (hereinafter referred to as "the Act of 1959"), this petition for writ is preferred.

(2.) THE facts giving rise to this petition for writ are that the petitioner was having an arms licence for 30 bore pistol and 12 bore gun since May, 1985. The term of licence was extended by the competent authorities time to time and before expiry of the term on 7.12.2008 the petitioner submitted a renewal application to the Collector-cum-District Magistrate, Sriganganagar. The Collector after receiving a factual report about lodging of a criminal case against the petitioner for the offences punishable under Sections 420, 467 and 468 Indian Penal Code, called upon the petitioner to explain as to why the arms licence be not suspended due to pendency of the case aforesaid. The petitioner personally appeared before the Collector to explain that he was not facing any case causing any injury to public safety and public peace, therefore, renewal application deserves to be accepted. The petitioner also mentioned that the case lodged against him is an out come of family dispute and i.e. not at all concerned with the arms licence in question. The Collector, Sriganganagar vide order dated 15.7.2009 did not choose to renew the licence, thus, an appeal as per Section 18 of the Act of 1959 was preferred. The appeal came to be rejected by the order impugned, hence this petition for writ.

(3.) WHILE opposing the argument advanced, it is submitted by Shri Sandeep Bhandawat, counsel for the respondents, that the petitioner is facing a criminal case and that may result to some endanger to public peace and public safety in future, therefore, the competent authority did not choose to renew the licence. Heard counsel for the parties. As per sub-section (3) of Section 17 of the Indian Arms Act, 1959, the licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence if the licensing authority deems it necessary for the security of the public peace or for public safety. While doing so the licensing authority is required to furnish to the holder of licence on demand a brief statement of the reasons unless i.e. not in public interest to furnish such statement.