Scheme Of Arms Act Nowhere Suggests Refusal To Renew License On Grounds Of Registration Of Criminal Case: Madhya Pradesh High Court

Justice P.K. Kaurav was dealing with a writ petition, wherein the Petitioner was challenging the order of dismissal of his appeal under Section 18 Arms Act, whereby the order of the Licensing Authority was affirmed.

The case of the Petitioner was that he was granted arms license that was regularly renewed. He further submitted that he never misused the said arm and had never violated any of the terms and conditions incorporated in the licence. In 2018, the Petitioner moved an application under Section 15 Arms Act for renewal of his license but the same was rejected by the licensing authority, with a non-speaking order, on the ground that the Petitioner had a criminal record. The said order was affirmed by the Commissioner, Jabalpur Division, Jabalpur (M.P.).

The Petitioner submitted that despite a criminal case being registered against him, in which he was later acquitted by the competent court, his license was earlier getting renewed. He argued that it was not the case of the authorities that he had misused the arm in the alleged crime. Placing reliance on the jurisprudence laid down by the Court with regard to the said contention, the Petitioner submitted that mere registration of a criminal case should not be a ground to deny the renewal of licence. He further argued that the order was liable to be set aside only on the ground that the same did not record any reason as to why the registration of a criminal case disentitled him for continuation of the arms licence.

Per contra, the State argued that it is the discretion of the Licencing Authority whether to renew the licence or not and such a discretion should not be interfered with by the Court and accordingly, it prayed for dismissal of the petition.

Finding merit in the arguments put forth by the Petitioner, the Court opined that his Petition deserves to be allowed-

Having gone through the impugned order dated 05.07.2018, this Court is of the opinion that the petition deserves to be allowed for the reason that the impugned order does not record any reason as to how the registration of a criminal case alone would disentitle the petitioner for renewal of the licence. It is true that the Licencing Authority has the discretion not to renew the licence but while doing so, the mandate of Section 14 has to be kept in mind. This Court in the decisions cited by the learned counsel for the petitioner has clearly held that licence cannot be rejected on the grounds outside Section 14.

Examining the relevant provisions of the Arms Act, the Court further observed-

A perusal of the scheme of the Act, particularly, Sections 14, 15 and 17, nowhere suggests that the renewal of licence can be refused only on the ground of registration of a criminal case. Sub-section (7) of Section 17, however, says that even the renewal of the licence can be refused or the application for grant of licence can be rejected, if the person concerned is convicted by the Court. The same, admittedly, is not the case.

With the aforesaid observations, the Court directed the Licencing Authority to reconsider the application of the Petitioner for renewal of arm licence afresh, in accordance with the provisions of the Arms Act, and pass a fresh order within three months. The Court further directed them that while considering his application, they ought to keep in mind that he was acquitted from the criminal case on account of which his licence was refused to be renewed.