Heard Mr. Alok Kumar Srivastava, learned counsel for the petitioner and Mr. Rakesh Kumar Srivastava, learned Standing counsel.
The petitioner has challenged the order dated 4-6-2010 Passed by District Magistrate, Hardoi; whereby the petitioner?s arms licence has been suspended due to his involvement in a criminal case as also the order dated 21-10-2010 Passed the Commissioner, Lucknow Division, Lucknow under the strength of the case decided by the Full Bench of this Court i.e. Chhanga Prasad Sahu Vs. State of U.P.and others, reported in ALR 1984 (10) 223, in which it has been held that having regard to the scheme and purpose of the provisions contained in Sections 17 and 18 of the Act and the nature of the enquiry that a licensing authority is to make before directing revocation/suspension of an arms licence, it has no power to suspend the arms licence pending enquiry into its cancellation/suspension.
On the other hand, learned Standing counsel submits that in different case i.e. Kailash Nath and others Vs. State of U.P. and others (H.C,F.B.), reported in 1985 (22) A.C.C., page 353 by the same very strength of the Bench of this Court it has been held that the right to carry the arms is merely a personal privilege and on taking out such privilege no civil consequences follow. Further the Full Bench has also expressed their opinion that obtaining of a licence for acquisition and possession of fire arms and ammunition under the Arms Act is nothing more than a privilege and the grant of such privilege does not involve the adjudication of the rights of an individual nor does it entail civil consequences.
The power of suspension can be exercised by the Licensing Authority on certain conditions as is envisaged in section 17 (3) of the Arms Act, which is reproduced hereunder:-
?17(3).- The licensing authority may be order in writing suspend a licence for such period as it thinks fit or revoke a licence-
(a) if the licensing authority is satisfied that the holder of the license is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind or is for any reason unfit for a licence under this Act; or.
(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or © if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or
(d) if any of the conditions of the licence has been contravened;or
(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.?
Keeping in view the involvement of the petitioner in criminal case registered in case crime no. 216/2009, under sections 498A/304 B IPC and 324 Dowry of Prohibition Act, the Licensing Authority held that the petitioner can misuse his power in pressurizing the witnesses during trial in his favour. In this situation, it is not proper in the public interest to retain the arms by the petitioner. Involvement of the petitioner in the aforesaid case is not disputed. Only the question for consideration is whether he is entitled to hold the arms licence during the trial of the aforesaid case till it is cancelled finally. The nature of right of holding the arms licence has been discussed by the Full Bench of this Court in the case of Kailash Nath (Supra).
It has been answered by the Full Bench of this Court in the case of Kailash Nath (Supra), therefore, I am of the view that the petitioner cannot claim right of retaining of that very arms licence.
In view of above, I am of the view that the orders impugned do not suffer from error. Therefore, no interference is warranted by this court, at this stage. Let inquiry for cancellation of petitioner?s arms licence be expedited with his cooperation by the Licensing Authority.
With the aforesaid observations, the writ petition is dismissed.
Order Date :- 15.12.2010 GSY