Court No. - 18
Case :- WRIT - C No. - 23503 of 2021 Petitioner :- Sonu Alias Sumit Bhati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nipun Singh,Vivek Chaubey Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Nipun Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents-State.
The show cause notice dated 08.06.2020 issued by the respondent No.3 instituting the proceedings for cancellation of arms licence of the petitioner were instituted, records that the petitioner had sent a photograph of his firearm licence and other weapons to one Anil Bhati by WhatsApp. This action caused widespread fear in the public at large. Further, the act also does not rule out the possibility of the petitioner rendering assistance to criminals.
The petitioner in the first instance while tendering his defence asserted that the show cause notice was vague. No details of the phone number nor offending photographs were provided to the petitioner.
The licensing authority/Additional District Magistrate, Administration, Gautam Buddh Nagar found against the petitioner by simply reiterating the contents of the show cause notice dated 08.06.2020 in the impugned order of cancellation dated 10.09.2020.
The learned appellate authority/Commissioner, Meerut Division, Meerut by the impugned order dated 23.12.2020 agreed with the findings of the licensing authority/licensing authority/Additional District Magistrate, Administration, Gautam Buddh Nagar and affirmed its order dated 10.09.2020.
Sri Nipun Singh, learned counsel for the petitioner contends that the contents of the show cause notice are vague, and the impugned orders were passed in violation of principles of natural justice.
Learned Standing Counsel submits that the transmission of photographs of weapons may create a reign of terror in the minds of the public at large.
Heard learned counsel for the parties.
The show cause notice dated 08.06.2020 is vague and lacks material particulars. The petitioner had specifically stated before the learned authorities below that neither the number of mobile phone where the alleged photographs was sent nor was the screen shot of the photographs made available to the petitioner. The petitioner had specifically asked for the mobile number on which alleged photographs was sent.
However, the authorities below neglected to make any findings in this regard. Clearly the show cause notice dated 08.06.2020 was based on the vague allegations which lack materials particulars. The petitioner was disabled from tendering an effective defence of his case. The impugned orders have been passed in violation of principles of natural justice. The impugned orders are based solely on conjectures and surmises. Findings recorded in the impugned orders are perverse are based on no material in the record.
The aforesaid findings are prised out from a bare perusal of the impugned orders. It is settled that the counter affidavit cannot improve the recitals in the impugned orders.
In this wake, I find that the impugned orders dated 10.09.2020 and 23.12.2020 are illegal and vitiated. The impugned order dated 10.09.2020 passed by the licensing authority/Additional District Magistrate, Administration, Gautam Buddh Nagar and the order dated 23.12.2020 passed by the learned appellate authority/Commissioner, Meerut Division, Meerut, are liable to be set aside and are set aside.
The writ petition is allowed.
The respondents are directed to forthwith restore the arm licence and make over the firearm licence to the petitioner.
Order Date :- 21.9.2021 Ashish Tripathi