SHIV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the orders Annex. 3 dt. 24.04.2007 and Annex. 6 dt. 25.09.2007 passed by District Magistrate, Sri Ganganagar and the Divisional Commissioner, Bikaner respectively.

(2.) I have heard learned Counsel for the parties. Perused the material available on record.

(3.) ACCORDING to learned Counsel for the petitioner, in the aforesaid crime report, there is no allegation of involvement of the gun said to have been held by the petitioner under license. The petitioner is in possession of the gun for a period of about 30 years and at no point of time the gun has been used in any of the crime. According to the petitioner it is not the case of the respondents that allowing the petitioner to keep the gun would endanger the public safety or peace. Learned Counsel for the petitioner has relied on a Division Bench decision of this Court in Khem Singh v. The State of Rajasthan and Ors. 2005 (2) Cr.L.R. (Raj.) 907, wherein the Division Bench of this Court held that the Licensing Authority may revoke a license if it deems necessary for the security of the public peace or for public safety. The power of suspension of Arms license is necessary concomitant of power of revocation for effective control and regulation as also for the security of the public peace and public safety. Such a power has to be exercised with great circumspection. The satisfaction of the authority has to be objective and must be based upon relevant material. Mere fact that some reports have been lodged against the license holder is not sufficient for canceling the license. A similar view was taken by this Court in Saheb Ram v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 387/2008 decided on 12.05.2008.