Court No. - 25
Case :- WRIT - C No. - 29621 of 2014 Petitioner :- Jagat Pal Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- M.I. Farooqui Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
The fire arm licence of the petitioner was cancelled on account of the fact that the petitioner had fired from his rifle while some Pooja was taking place when the Barat had arrived and because of which act of his a criminal case was registered, being Criminal Case No. 229 of 2008 under Section 338 I.P.C., against him.The licence was also cancelled owing to the fact that the petitioner had violated certain conditions of the licence and as he was hot tempered. The petitioner replied to the show cause notice but the same did not find favour with the District Magistrate, Fatehpur who cancelled the arm licence on 7.10.2009. The appeal which the petitioner had filed was also dismissed on 27.12.2013. Aggrieved thereof the petitioner has approached this Court.
Learned counsel for the petitioner submitted that Section 17 (3) of the Arms Act gives powers to the authorities to cancel a licence if for any reason the holder was found unsuitable for carryng a fire arm. He has submitted that as this provision under Section 17 (3) of the Arms Act gave wide and unbridled powers to the licencing authority the State Government had to come up with a Government Order dated 7.2.2018 in which it had enumerated the reasons for which an arm licence could be cancelled. He submits that being "hot tempered" was not a reason given in the Government Order on account of which the licence could be cancelled. Further, learned counsel for the petitioner submitted that the ground on which the licence was cancelled, namely the pendency of a criminal case was also now not available with the respondents as he had now been acquitted on 5.3.2012. This fact was also brought to the notice of the Appellate Court but it did not consider it at all and dismissed the appeal.
The learned Standing Counsel however, in reply submitted that once when the petitioner was found to be involved in a criminal case he should not be trusted with a fire arm. He further submits that a person who is hot tempered also cannot be allowed to have a fire arm.
Having heard the learned counsel for the parties I am of the view that being hot tempered cannot be a ground for the cancellation of an arm licence. The State of Uttar Pradesh has given guidelines vide Government Order dated 7.2.2018 under which a fire arm licence under Section 17(3) of the Arms Act could be cancelled. Being hot tempered is definitely not one of reasons on the basis of which the fire arm licence could be cancelled. The other ground i.e. the pendency of the criminal case was also no longer available as the petitioner was acquitted in the criminal case and no appeal was filed against the order of acquittal.
Under such circumstances, the orders impugned cannot be sustained and are quashed.
The writ petition is allowed.
Allowing of the writ petition would not mean that the firearm licence would automatically be restored. The petitioner may apply for a licence for the carrying of a firearm afresh under the Arms Rules, 2016 along with a certified copy of this order. The licencing authority may issue a firearm licence within 30 days thereafter if the petitioner is found eligible for one.
Order Date :- 26.2.2018 Ashish Pd.