Court No. - 36
Case :- WRIT - C No. - 65569 of 2012 Petitioner :- Sahab Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- M.C. Chaturvedi,Vikas Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The present writ petition is directed against the order dated 25.9.2008 passed by the District Magistrate, Jhansi in a proceeding under Section 17 of the Arms Act, 1959 as also the appellate order, whereunder the firearm licence of the petitioner had been cancelled on a report submitted by the Senior Superintendent of Police in the year 2001.
Pursuant to the said report initially the licence was suspended in the year 2002 on the allegations against the petitioner that he had opened fire on one Indrapal Singh, a criminal case namely Case Crime No. 220 of 2001 under Section 307/504 IPC was registered against him. The competent Court of law found the petitioner guilty of the offence under Section 324 IPC, he was, however, released on probation for a period of one year.
The District Magistrate while cancelling the licence had formed an opinion that though the petitioner had been released on probation vide judgment and order dated 6.9.2006 but allowing him to retain the firearm would likely to cause a breach of law and order situation and may run against the public interest.
The cancellation order passed by the District Magistrate had been affirmed in appeal with the said findings.
Submission of learned counsel for the petitioner is that the petitioner had been released on probation vide judgment and order dated 6.9.2006 for the reason that there was no definite evidence of misuse of firearm licence by the petitioner. Even otherwise, no case under Section 25 of the Arms Act had been registered against the petitioner. The District Magistrate had not recorded any satisfaction independently regarding misuse of firearm by the petitioner.
With reference to Section 12 of the Probation of Offenders Act, 1958, it is contended by the learned counsel for the petitioner that in case a person is found guilty of an offence and dealt with under the provisions of the said Act, his conviction would not be treated as disqualification attaching to the conviction of an offence under such law.
Submission is that after release on probation, there has been no allegations against the petitioner of being involved in any offence.
In paragraphs '9' and 10 of the writ petition, it is contended that the petitioner is a farmer. He has no criminal history. The altercation on account of which he was implicated in the criminal case was result of village 'Parti Bandi'. No independent enquiry has been conducted by the Licensing Authority nor there was any adverse material when the cancellation order was passed on 25.9.2008.
Considering the said submissions, noticing the fact that the firearm licence of the petitioner was cancelled in the year 2008 solely on the ground that he was found guilty of offence under Section 324 IPC and also the fact that he was released on probation, this court is of the view that the claim of the petitioner for grant of firearm licence can be given consideration, after getting a fresh report regarding his credentials/general reputation.
In view thereof, the present writ petition is being disposed of with the directions as follows:-
(1) The petitioner would be at liberty to move a fresh application for seeking grant of licence of firearm in the prescribed proforma under the Arms Rules, 2016.
(2) In case, such an application is moved, the District Magistrate, Jhansi would be under obligation to take fresh consideration after making due enquiry with regard to credentials of the petitioner, without being influencing by any of the observations made in the cancellation order dated 25.9.2008 as affirmed by the appellate authority vide order dated 28.4.2010 as also the order passed in the criminal case decided on 6.9.2006.
Order Date :- 23.8.2018 Brijesh