Ram Chandra Singh vs Commissioner and Others

Anjani Kumar, J.—The Petitioner by means of this writ petition has challenged the order passed by the Licensing Authority/ District Magistrate, Rampur, cancelling his fire-arm licence granted under the provisions of Arms Act and the order of appellate authority dismissing the appeal filed against the order of District Magistrate, Licensing Authority. Aggrieved by the orders of the District Magistrate and the Commissioner, Moradabad Division, Moradabad, appellate authority, the Petitioner has come before this Court.

From the averments made in the writ petition and reasons contained in the impugned order for cancelling the Petitioner''s fire-arm licence, it appears that the only ground for cancelling the licence is that the Petitioner was involved in a case registered u/s 107/116, Cr. P.C. Regarding this case, the Petitioner has submitted a photostat copy of the order dated 20.7.1999 by which the proceedings u/s 107/116, Cr. P.C. have been dropped. It is contended that the licencing authority has not considered this fact.

In this view of the matter, the decision relied upon in Prem Sukh Yadav v. Commissioner, Moradabad Division, Moradabad and Ors. 1995 AWC 1980 wherein this Court has held that the fire-arm licence cannot be cancelled on the ground of pendency of a proceeding u/s 107/116, Cr. P.C. against the licensee.

In view of what is stated above this writ petition is allowed. The impugned orders dated 31.7.1999 and 5.10.1999 are set aside. The fire-arm, if it is deposited pursuant to the impugned order shall be restored to the Petitioner.