A criminal writ petition challenging the cancellation of an arms license on the ground that the petitioner's subsequent acquittal in a related criminal case rendered the cancellation order illegal.
Writ petition rejected; order of cancellation of license maintained.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2714 OF 2004
Shri Harishchandra Trimbak Patil ..Petitioner
Versus
1.The State of Maharashtra & ors. ..Respondents
Mr.S.R. Borulkar with Ulhas Naik for petitioner
Mr.D.S.Mhaispurkar, APP for respondent no.1 and 2.
CORAM : R.M.S.KHANDEPARKAR &
P.V.KAKADE, JJ.
DATE : 7TH FEBRUARY, 2005.
P.C.:
. Heard.
2. The Petitioner challenges the order passed by
the authorities cancelling the licence, which was issued
in favour of the petitioner for use of the arms under
the Arms Act, on the ground that the authority was
satisfied on the basis of the material placed before it
and after hearing to the petitioner that petitioner had
misused the arm and had committed breach of the
condition of the Licence.
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3. It is sought to be contended that subsequent to
passing of the said order the Petitioner was acquitted
in a criminal case, which was instituted in relation to
the incident based on which the impugned order of
cancellation of licence was passed. It is to be noted
that the acquittal by the Magistrate is in relation to
the offence under Sections 341, 324, 506(2) and 504 of
the Indian Penal Code. Mere acquittal from the criminal
liabilities cannot give the benefit to the petitioner to
contend that the order passed by the authority
cancelling the licence on account of misuse of the arm
and committing breach of the conditions of the licence
would render invalid or illegal. The authority having
passed the order on being satisfied on the basis of the
materials placed before it and after giving opportunity
to the petitioner of being heard in the matter that
there was misuse of the arm and consequently there was a
breach of the condition of the licence, acquittal of the
petitioner in the criminal case for the same incident
relating to the misuse of the arm, cannot render the
said order passed by the authority cancellation of
licence to be invalid. Ingredients of the criminal
offence for which the petitioner was charged are totally
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different from the ingredients which are to be
established for the purpose of cancellation of licence.
Once the authority was satisfied about the breach of
licence on account of the acts by the Petitioner in
relation to arm that itself would be sufficient to pass
the order of cancellation of the licence. That is not
the case in relation to the criminal liability of the
petitioner for the purpose of his conviction under
Section 341, 324, 506(b) and 504 of Indian Penal Code.
Acquittal from the criminal liability does not dispense
the fact of misuse of the arm by the petitioner.
Considering the same no fault can be found with the
order of cancellation of licence passed by the authority
and hence there is no case to interfere therein in a
writ jurisdiction. The Petition therefore is rejected.
(R.M.S.Khandeparkar, J.)
(P.V.Kakade, J.)
2 issues framed by the court
Whether acquittal in a criminal case regarding misuse of arms invalidates an administrative order cancelling the arms license.
Whether criminal ingredients differ from ingredients required for cancellation of arms license.
1 provisions across 1 enactments
Shri Harishchandra Trimbak Patil
The State of Maharashtra
R.M.S. Khandeparkar
P.V. Kakade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court