Court No. - 36
Case :- WRIT - C No. - 35931 of 2018 Petitioner :- Mohd. Shahid Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Azad Khan,Mohd. Farooq Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition petition is directed against the order of cancellation of fire arm licence of the petitioner dated 03.02.2017 passed by the District Magistrate, Ghazipur in case no.46 of 2013 (State Vs. Mohd. Shahid) under Section 17(3) of the Arms Act. The appellate order dated 28.09.2018 passed by the Commissioner, Varanasi Division Varanasi is also subject matter of the present petition.
Both the orders impugned record that the petitioner was following the motorcade of the then member of the Legislative Assembly in a Maruti Gipsy Car No. UP-61 S 0786, who was required to appear in the Civil Court, Lucknow. The petitioner and another person travelling in the aforesaid car were carrying firearms. When the motorcade reached at the premises of the Civil Court, Lucknow during search, the petitioner and another person were found carrying the firearms. As a result of it, they were brought to the police station in the Maruti Gipsy car in which they were travelling and the report regarding illegal carrying of the fire arm within the Civil Court premises, Lucknow was registered against them, on the report of the Station House Officer, Wazirganj dated 03.11.2013, who was on duty in the Government Maruti Gypsi Jeep No.321 BS 1875.
The proceeding under Section 17(3) of the Arms Act' 1959 were, thereafter, initiated against the petitioner.
It is admitted to the petitioner that the order of cancellation of fire arm licence had been undertaken after providing due notice and opportunity to him. In his explanation dated 17.01.2014, the petitioner stated in paragraph nos.'7' & '8' that he went to the District Court premises, Lucknow in the Maruti Gipsy car i.e. U.P-61 S 0786 on 02.11.2013, for the purpose of preparation of a notary affidavit so as to seek extension of the number of cartridges. As soon as the petitioner alongwith other persons, came out of the Civil Court premises, Lucknow, they were nabbed and a false case was registered against the petitioner on the apprehension of misuse of the fire arm. The allegations as made in the police report dated 03.11.2013 are incorrect.
Having perused the averments in paragraph nos. '7' & '8' of the explanation offered by the petitioner, it is more than evident that the petitioner himself admits that he had entered in the Civil Court premises, Lucknow carrying his firearm. He along with other was nabbed by the police soon after they came out of the Civil Court premises.
Being a licensee of the firearm, the petitioner was required to know that he cannot carry his firearm inside the civil court premises without there being any permission or pass therefor.
Thus, looking to the explanation offered by the petitioner himself, no exception can be taken to the police report dated 03.11.2013 on the basis of which the proceeding for cancellation of licence had been undertaken on the ground that the petitioner had entered inside the Civil Court premises, Lucknow carrying his firearm, without any permission or valid pass therefor.
For the aforesaid, no infirmity is found in the orders impugned. The present petition is, accordingly, dismissed.
Order Date :- 29.10.2018 Himanshu