Court No. - 19
Case :- WRIT - C No. - 24426 of 2021 Petitioner :- Saleem Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devesh Mishra,Ishir Sripat,Rama Nand Pandey,Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. This writ petition has been filed against order dated 05.03.2021 passed by the District Magistrate, Bulandshahar cancelling firearm licence of petitioner and against order dated 04.08.2021 passed by Commissioner, Meerut Division, Meerut rejecting appeal of petitioner.
2. Sri Ishir Sripat, learned counsel for petitioner, submits that petitioner's firearm licence was cancelled only due to pendency of a criminal case lodged against petitioner wherein charge sheet has also been filed. Learned counsel for petitioner has relied on a judgment passed by Coordinate Bench of this Court in Writ-C No. 56378 of 2006 (Ram Prasad vs. Commissioner and others), decided on 07.02.2020 and contended that mere involvement or pendency of criminal case does not, on its own, necessarily affect public peace or public safety, therefore, the impugned orders are liable to be set aside.
3. Smt. Archana Tyagi, learned Additional Chief Standing Counsel appearing for State-Respondents, opposed the aforesaid submission made by learned counsel for petitioner and contended that even in such cases if the subjective satisfaction is based on material on record that it is deemed necessary for security of public peace or for public safety to cancel the firearm licence then it cannot be interfered in writ jurisdiction.
4. Heard learned counsel for parties and perused the material available on record.
5. A firearm licence is a privilege and is not a fundamental right which is repeatedly held by Full Benches of this Court. Section 17(3) of Arms Act, 1959 provides certain eventualities on which firearm licence can be suspended or revoked. In case Licensing Authority deem it necessary for security of public peace or for public safety or even if it is found for any other reason on the basis of subjective satisfaction considering the material on record, appropriate decision may be taken to suspend or cancel the firearm licence.
6. It is not in dispute that a First Information Report was lodged against petitioner being Case Crime No. 335 of 2020, under Sections 147, 452, 323, 504 IPC wherein charge sheet was filed on 04.10.2020. In the impugned order Licensing Authority has taken note of the fact that petitioner is a person of criminal nature and it is possible that he may misuse his firearm. He is in the habit to roam around unnecessarily carrying his licenced weapon. The Appellate Authority has upheld the aforesaid findings.
7. The term "security of the public peace" indicates that even in the apprehension of disturbance of public peace, the Licensing Authority can exercise its subjective satisfaction to take appropriate decision to suspend or to revoke the firearm licence. In the present case Licensing Authority on the basis of material available, arrived to his subjective satisfaction that it deem necessary for security of the public peace to cancel the firearm licence of petitioner. No material has been placed before this Court to disturb the subjective satisfaction of Licensing Authority, it being perverse or without any reason.
8. In view of above, I do not find any illegality of irregularity in the orders impugned in this writ petition warranting interference under Article 226 of the Constitution of India.
9. Writ petition is accordingly dismissed.
Order Date :- 27.9.2021 AK