Bhagwan Das vs Commissioner,Agra Division,Agra

Anjani Kumar, J.—The petitioner, by means of this writ petition, under Article 226 of the Constitution of India, has challenged the order dated 25101983, passed by the licensing authority and the order dated 751985, passed by the appellate authority under the provisions of Arms Act, copies whereof are annexed as Annexures ''1'' & ''2'', respectively to the writ petition, whereby the petitioner''s licence of S.B.B.L. Gun has been cancelled on the ground that the petitioner is an accused in Case Crime No. 96 of 1983 under Sections 323, 354 and 506 I.P.C., and is terrorising the witnesses. Petitioner has categorically stated in paragraphs 8 & 9 of the writ petition that in Case Crime No. 96 of 1983 under Sections 323, 354 and 506 I.P.C., he has been acquitted by the order dated 3181984 passed by the IXth Additional Munsif Magistrate, Etah, a copy thereof is annexed as Annexure3 to the writ petition. This fact has not been denied by the respondents except that in the notice for cancellation of the licence in the aforesaid case crime No. 96 of 1983 has been mentioned whereas in the judgment, the criminal case No. has been mentioned. It is not disputed by the respondents that the petitioner has not been acquitted in the aforesaid criminal case or that the judgment annexe alongwith the writ petition is not the judgment case which arisen out of case crime No. 96 of 1983.

Except the aforesaid criminal case, nothing has been pointed out either in the notice or any impugned orders which may justify the cancellation of the petitioner''s gun licence since the criminal case on the basis of which the notice has been issued as resulted into the acquittal of the petitioner. Even if it is assumed to be a ground justifying cancellation the same is no more in existence and was not in existence even on the date when the appeal was filed by the petitioner and also when the appeal was decided by the appellate authority. In this view of the matter, the order impugned in the writ petition deserves to be quashed and is hereby quashed.

In the result, the petition is allowed. The aforesaid orders dated 25101983 and 751985, passed by the licensing authority and that of the appellate authority are quashed. It is directed that if there is no other legal impediment, the petitioner shall be entitled for renewal of his firearm licence.