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Judgment
Manoj Kumar Tiwari, J
Petitioner was having an Arms License. His Arms License was cancelled by District Magistrate, Haridwar vide order dated 09.06.2008 on the
ground that two criminal cases are pending against him. Against the cancellation order, petitioner filed an Appeal, which was registered as Appeal No.
06/2007- 8. The said Appeal was dismissed by Commissioner, Garhwal Division vide order dated 14.12.2020. Thus, feeling aggrieved, petitioner has
approached this Court challenging both orders.
Separate counter affidavits have been filed by respondent nos. 1 & 2 and respondent no. 3. It is an undisputed position that both criminal cases
pending against petitioner for separate offences, (i) under Section 60 of Excise Act and (ii) under Section 292 I.P.C., have resulted in petitioner’s
acquittal. The said judgments were not challenged before any higher forum.
Learned counsel for the petitioner has referred to a judgment rendered by Co-ordinate Bench of this Court in Writ Petition (M/S) No. 1393 of 2015.
Grounds on which Arms License can be refused have been considered in detail in the said judgment.
After petitioner’s acquittal in all the cases, his Arms License cannot be cancelled merely because in the past, he was prosecuted for some
offence. Moreover, the judgments rendered in both the criminal cases have become final, as no Appeal was filed by State or any other person against
them.
In such view of the matter, the impugned orders passed by District Magistrate, Haridwar and Commissioner, Garhwal Division cannot be sustained
in the eyes of law.
Accordingly, the writ petition stands allowed and the impugned orders dated 09.06.2008 and 14.12.2020 are set aside. Case No.41 of 2005 under
Section 17 Arms Act is restored to the file of District Magistrate, Haridwar. The District Magistrate shall decide the matter afresh, in accordance
with law, as early as possible but not later than four weeks from the date of production of certified copy of this order.