LI Network
Published on: February 5, 2024 at 12:40 IST
In a recent decision, the Lucknow Bench of the Allahabad High Court affirmed the cancellation of a firearms license, asserting that the licensing authority had made specific factual findings regarding the petitioner’s conduct being harmful to public peace and safety.
The Court cited Section 17 of the Arms Act, 1959, which grants the licensing authority the power to alter conditions of a firearms license and to suspend or revoke it if necessary for public peace or safety.
It clarified that the mere pendency of criminal proceedings is not a ground for cancellation, but if the licensing authority objectively evaluates the facts and decides to cancel, it is justified.
The case involved the petitioner, whose firearms license, renewed until 2025, was canceled in 2021 based on police recommendations. The competent authority found that the petitioner’s continuation with the arms license would pose a threat to public peace and safety, leading to cancellation.
While relying on the Allahabad High Court’s precedent that the pendency of criminal proceedings alone is insufficient grounds for cancellation, the petitioner argued against the cancellation.
However, the standing counsel contended that the competent authority specifically found the petitioner’s possession of a firearm detrimental to public peace and safety.
The Court held that in a context where Section 144 of the CrPC was enforced, and the petitioner was charged with spreading rumors, carrying a firearm, and obstructing traffic, the cancellation was justified.
Despite the petitioner’s denial of being present at the scene, the Court noted the absence of proof of malafide intent by the authorities.
The Court emphasized that since the licensing authority recorded objective satisfaction, the cancellation was valid, dismissing the writ petition.
Case Title: Raj Kumar Gautam v. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others [WRIT – C No. – 1614 of 2023]