Present writ petition has been filed by the petitioner questioning the validity of the decision dated 5.3.2008 taken by the District Magistrate, Ghaziabad rejecting the application for grant of fire arm licence and the order dated 7.1.2009 of its affirmance in appeal by the Commissioner, Meerut Division, Meerut.
Brief background of the case is that petitioner claims that he is carrying profession of cable operation in the locality of Dr. Ambedkar Market, Maharajpur, P.S. Linkroad, District Ghaziabad. Petitioner submits that he had applied for grant of licence for his safety and security, and for this purposes he has moved an application. Petitioner submits that on the said application being moved, police report was called for and then it was revealed that criminal cases, namely case Crime No.126 of 1988, under Section 324 I.P.C., Case Crime No. 131 of 1993, under Sections, 147,148,307,427 I.P.C., Case Crime No. 308A of 1994, under Sections 323,336,506 I.P.C. and Case Crime No. 153 of 1998, under section 363,366 I.P.C., P.S. Haza, District Ghaziabad petitioner has been arrayed as an accused. As in all criminal cases, petitioner has been acquitted. Station House Officer recommended for grant of fire arm licence to the Senior Superintendent of Police, Ghaziabad on 12.1.2008 and Senior Superintendent of Police, Ghaziabad proceeded not to make recommendation in favour of the petitioner and same endorsement made by the Senior Superintendent of Police, Ghaziabad also, and licencing authority on 5.3.2008 proceeded to mention that it is not in public interest and public peace to grant fire arm licence to the petitioner. Aggrieved, petitioner preferred an appeal, same has also been rejected. At this juncture present writ petition has been filed.
Pleadings inter-se parties have been exchanged and thereafter present writ petition has been taken up for final hearing/disposal with consent of the parties.
Sri Noor Mohammad, learned counsel for the petitioner contended with 2 vehemence that in the present case, whimsically order impugned has been passed, refusing to grant fire arm licence and no public security or public peace was breached as such orders passed, are unsustainable.
Countering the said submission, learned Standing Counsel on the other hand contended that rightful view has been taken, as such no interference be made.
After respective arguments have been advanced, factual position, which is emerging in the present case is that petitioner had been arrayed as an accused in criminal cases i.e. in case Crime No. 126 of 1988, under Section 324 I.P.C., Case Crime No. 131 of 1993, under Sections, 147,148,307,427 I.P.C., Case Crime No. 308A of 1994, under Sections 323,336,506 I.P.C. and Case Crime No. 153 of 1998, under section 363,366 I.P.C., P.S. Haza, District Ghaziabad and in all criminal cases, petitioner has been acquitted. It is not at all case of the petitioner that there is further involvement of petitioner in all other criminal cases after 1998. In what way and manner public peace or public interest would be prejudiced, has not at all been disclosed by the District Magistrate, while proceeding to refuse fire arm licence and specially in this background when nothing has come on record that after 1998 petitioner has got any criminal activity. which may prompt Licensing Authority to reject the application for grant of fire arm licence. Ground of refusal has been provided for under Section 14 of the Indian Arms Act, and ground mentioned therein are substantial ground and not mere whimsical ground. Shelter has been taken by mentioning that it is true that petitioner has been acquitted in all criminal cases, but it would not at all be conducive for public peace and public interest to grant fire arm license. The basis of which such opinion has been formed is completely lacking and missing.
Consequently, in the fact of the present case, orders dated 5.3.2008 and 7.1.2009 are hereby quashed and set aside. Licensing Authority is directed to reconsider the application of the petitioner and thereafter pass appropriate order in accordance with law, preferably within period of two months from the date of production of certified copy of this order.
With these observations, writ petition is allowed.
Dt. 12.01.2010.
T.S.