Mere Pendency Of Criminal Case No Ground To Cancel Arms License In Absence Of Clear Finding Of Threat To Public Peace: Allahabad High Court

The Allahabad High Court has reiterated that pendency of criminal cases cannot be the sole ground for cancellation of firearm license in the absence of a specific recording by a competent authority that possession of the same would be dangerous to public peace, safety and security.

Relying on the decision of a coordinate bench in Ram Prasad v. Commissioner and others, Justice Manju Rani Chauhan held,

“it is undoubtedly to say that merely pendency of the criminal case or with the apprehension that the petitioner may be involved in future in any other criminal case cannot be a ground for cancellation of the arms license under the Arms Act, 1959, unless and until a clear cut finding is recorded by the Competent Authorities that the possession of the fire arms caused threatening of the public peace and is danger for the safety of human being. The Competent Authorities fail to record any such finding in the impugned orders.”

The petitioner’s firearm license was cancelled on the basis of criminal cases registered against him. Petitioner contended that he had been acquitted in the case under Sections 147, 148, 149, 323, 504, 506,324 IPC. In the criminal case pending against the Petitioner under Section 302 of IPC, there was no proof that the Petitioner’s firearm was involved in the death.

The Court held,

“On mere apprehension expressed in the impugned orders that the petitioner would misuse the firearm and extend threat to the persons of the weaker section of the society, the arm licence could not be cancelled.”

The Court observed that Section 17(7) of the Arms Act 1959 provides that if the conviction is set aside on appeal or otherwise, suspension or revocation of the firearm license becomes void. The license holder is entitled to restoration of the same. Since only one criminal case is pending against the Petitioner and no adverse finding was recorded against him for using the firearm in violation of public peace and safety, the firearm license ought not to be cancelled, it held.

However, while quashing the order of cancellation of the license, the Court noted that merely setting aside the cancellation order does not automatically restore the firearm license. A fresh application needs to be made before the District Magistrate which shall be considered in accordance with law.

Case Title: Ram Vilas vs. State Of U.P. And 4 Ors 2023 LiveLaw (AB) 220 [Writ C No. 1562 of 2020]

Case Citation: 2023 LiveLaw (AB) 220

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