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Judgment
J.K. Mathur, J.—This petition seeks to challenge the order passed by the District Magistrate, suspending the petitioner''s arm licence and an order passed in Appeal by the Commissioner confirming the order passed by the District Magistrate.
The petitioner was served with a notice requiring him to show cause why his licence be not suspended. After hearing, an order was passed by the District Magistrate on 2621992. Being satisfied that there exists sufficient reason for doing so, he suspended the licence granted to the petitioner. This order was confirmed by the Commissioner in appeal on 2441993.
Notices have been accepted by learned Standing Counsel on behalf of the opposite parties. In view of the fact that the question of law was raised on which the parties'' counsel were heard and with their consent the petition is being disposed of finally.
The main contention raised on behalf of the petitioner is that licence cannot be suspended for an indefinite period and in the present case no period has been specified in either of the two orders pasted by the Licencing Authority or the Appellate Authority. The order is against the provisions of law and not sustainable.
A perusal of Section 17(3) of Arms Act would show that the Licencing Authority may suspend the licence for such a period as he thinks fit or revoke it on being satisfied on any of the grounds mentioned in Clauses (a) to (c) in that subsection. This itself would show that the suspension should be for a specific period which is to be given by the authority concerned.
Suspension by its own connotation is temporary deprivation of licence and can only be validly done for specific period. The licence cannot be kept suspended eternally without specifying any period.
I am supported in this view by the case of Abdul Aziz v. Commissioner, Faizabad Division, 1993 LCD (11) 619. In view of the above, the order impugned in the present case is not sustainable and is liable to be quashed. The petition is, therefore, allowed. The order of suspension of the licence as contained in Annexure No. 1 and the order of the Appellate Authority as contained in Annexure No. 2 are hereby quashed.
The petition is allowed accordingly. The arm surrendered in the aforesaid orders, shall be released in favour of the petitioner. However, it shall be open to the opposite parties to take any action in accordance with law.