SAHIB SINGH Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) WHETHER arms licence can be revoked/suspended under Clause (a) of Sub-section (3) of Section 17 of Arms Act 1959 (for short 1959 Act') if criminal case for a major or capital offence is registered against licencee? is the core question emerged for our consideration in the instant matter.

(2.) CHALLENGE in this appeal is to the order dated January 31, 2000 of the learned Single Judge, whereby writ petition of the appellant was dismissed and orders dated January 6, 1998 and October 26, 1998 respectively, passed by the District Magistrate, Bharatpur and Divisional Commissioner, Jaipur revoking the arms licence of the appellant were maintained.

(3.) FULL Bench of Patna High Court had occasion to consider these provisions in Kapildeo Singh vs. State of Bihar (AIR 1987 122) and it was indicated as under:- &nbsp&nbsp&nbsp&nbsp&nbsp" Under sub-sec. (3) the actual conviction or acquittal on the criminal charge does not have an inflexible or conclusive impact on the exercise of the discretion by the licensing authority thereunder. Even if the holder of the licence may be acquitted by narrowly giving the benefit of doubt, the licensing authority could, perhaps, still take the view that along with other factors such a person may not be fit for holding an arms licence. Equally, conviction on any and every criminal charge would not provide an inflexible rule that the licensing authority must revoke the same and it may well be justified in allowing the continuance of the said licence. Conviction and acquittal are issues of relevance under sub-sec. (7) for the criminal Court and not conclusive for the licensing authority who is governed by the provisions of sub-sec. (3) "