Court No. - 7
Case :- WRIT - C No. - 3046 of 2013 Petitioner :- Akhilesh Kumar Singh Alias Lakhan Singh Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- S.K. Dubey,J.P.N. Singh,Lalit Kumar Srivastava Counsel for Respondent :- Govt.Advocate,Rajesh Kumar Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. At present, the proceedings arising from suspension and cancellation of petitioner's firearm licence have been remanded by the Commissioner to the licensing authority by order dated 14.09.2012. Those proceedings are stated to be still pending.
3. Perusal of the order passed by the licensing authority disclosed that the petitioner's firearm licence was suspended upon institution of a criminal case against him being Case Crime No. 74 of 2011 under Sections 147, 148, 149, 307, 323, 504, 506 and 356 IPC. As part of the fact allegation, it was alleged that the petitioner had misused his licensed firearm and had used the same to make an attempt on life of the victim. The criminal trial emanating from the aforesaid criminal case is also stated to be pending. In that light, to allow continuance of firearm licence in favour of the petitioner may prejudice the fair course of the criminal trial inasmuch as the petitioner may threaten the witness from testifying fearlessly against him.
4. Learned counsel for the petitioner submits that mere registration of a criminal case, may not give rise to suspension or cancellation of firearm licence. He also submits that a presumption does not exist that the petitioner would misuse his firearm to threaten the witness from deposing truth in the pending criminal trial.
5. Learned Standing Counsel, on the other hand, submits that, besides referring to the aforesaid criminal case, the police report which forms the basis of suspension of petitioner's firearm licence also refers to general character and reputation of the petitioner of being aggressive person who used to issue threats in his locality, causing disturbance. Therefore, it has been submitted that the continuance of firearm licence of the petitioner would be detrimental in securing public peace and public safety. It has also been submitted that in any case, at present, specific allegation has been made against the petitioner of misuse of firearm and therefore, a clear case of violation of Section 17(3)(d) of the Arms Act, 1959 has been made out against the petitioner. The criminal trial amongst others involves allegation to that effect. Therefore, it has been submitted that the orders passed by the lower authorities are wholly justified.
6. Having heard learned counsel for the parties and having perused the record, it appears that, at present, the firearm licence of the petitioner has been suspended and the Commissioner has remanded those proceedings for decision afresh by the licensing authority.
7. Though, it may be true that the firearm licence may not have been cancelled merely upon registration of a criminal case and that no presumption may have been drawn by the licensing authority that the petitioner would misuse his firearm to threaten the witness. However, it would remain open to the licensing authority to examine whether there exists any material on record or there exists any ground for cancellation or suspension of the fire-arm licence issued to the petitioner in terms of Section 17(3) of the Act.
8. Needless to add, in the event, the licensing authority proposes to suspend or cancel the firearm licence of the petitioner, he may record a reason to believe in that regard as stipulated in Section 17(3) of the Act. As to the requirement of recording the reason to believe, in Writ-C No. 67424 of 2013 (Arun Pandey Vs. State of U.P. & Anr.) decided on 02.01.2019, it has been held as below:
"13. Applying that rule, the belief that must be found existing with the licensing authority to refuse issue of fire arm license must be - either that there exists a prohibition in law to issue the license sought for or; the applicant is of unsound mind or; the applicant is otherwise unfit for grant of such licence or; refusal of license is necessary to secure public peace or public safety. Further, mere formation of such belief would never be enough to refuse grant of firearm license. The belief so formed must be an honest one and/or in good faith, such as may be drawn by a prudent person, rationally i.e. based on reasonable grounds that are germane to the formation of that belief, arising from the material (direct or circumstantial) on record, but not on mere gossip, rumour or suspicion. The grounds must always have a direct nexus with the proposed refusal and not be extraneous thereto."
9. Since, the proceedings have remained pending from very long, it is expected that the licensing authority may conclude the same, in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order.
10. With the aforesaid observation, the present writ petition is disposed of.
Order Date :- 22.1.2019 Abhilash