Heard learned counsel for the parties. D.M. Siddharthnagar through order dated 25.10.2000 passed in Case No.66/98, State Vs. Malik Iltija Husain cancelled the fire arm license of the petitioner in respect of double barrel gun on the ground of pendency of three cases out of which two are reported to be under Section 4/10 of Forest Act and one under Section 143, 323 etc. of I.P.C. In the case under Section 147, 323, I.P.C. etc. final report has been filed. There is absolutely no allegation in the other cases that petitioner used the gun or was even carrying the same at the time of alleged offence under Section 4/10 of Forest Act. Against the said order, petitioner filed appeal being Appeal No.54/08/13/12/2000. Commissioner Basti Division, Basti dismissed the appeal on 15.10.2007, hence this writ petition. In the counter affidavit filed by the learned standing counsel nothing it has not been stated that gun was either actually used or used for threatening etc. If licenses to hold fire arms are cancelled on frivolous grounds, it will give rise to the vice of large-scale possession of illegal arms. State authorities must be vigilant in this regard. License may be cancelled only if some case is pending or has been decided against the licence in which the allegation against him is/was that the gun was either actually used or was being held or carried at the time of commission of the crime.
Writ petition is accordingly allowed. Impugned orders are set aside. Period of license must have expired. Accordingly, it is directed that within six weeks from the date of production of a certified copy of this judgment and order, the license must be renewed and thereafter gun shall be handed over to the petitioner.
Order Date :- 7.1.2010 NLY