The High Court of Bombay held that mere registration of a criminal offence against an arms licence holder is not a valid ground for cancellation or non-renewal under the Arms Act, 1959.
Directed the Competent Authority to renew the petitioner's arms licence within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.240 OF 2023
SAYYAD ALTAF SAYYAD AKBAR VERSUS THE STATE OF MAHARASHTRA AND OTHERS
Mr. A. P. Gaikwad (Parbhanikar), Advocate for the petitioner Mr. S. P. Sonpawale, APP for the respondent/State
CORAM : R. M. JOSHI, J. DATE : 14th JUNE, 2023
P.C. :-
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Section 17(3) of the Arms Act, 1959 the said license was cancelled for the reason that offence bearing CR No. 64/2017 is registered against him. The said order was carried to the Appellate Authority by filing 2appeal bearing No. 27/2022. The Appellate Authority upheld the order passed by the District Magistrate by passing order dated 12/08/2022.
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the reason that offence bearing CR No. 64/2012 has been registered against the petitioner, the arms license being No.PB-64/2012 is cancelled.
and revocation of licences which is reproduced as under:-
“17. Variation, suspension and revocation of licence— (1) The licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence-holder by notice in writing to deliver-up the licence to it within such time as may be specified in the notice.
(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.
(3) The licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence—
(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this Act; or
(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or
(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying
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for it; or
(d) if any of the conditions of the licence has been contravened; or
(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.
(4) The licensing authority may also revoke a licence on the application of the holder thereof.
(5) *****
“12. The right to life and liberty are guaranteed under Article 21 of the Constitution of India. Arms licence is
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granted for personal safety and security after due enquiry by the authorities in accordance with provisions contained in the Arms Act, 1959. The provisions of Arms Act with regard to suspension or cancellation of Arms licence cannot be invoked lightly in an arbitrary manner. The provisions of the Arms Act particularly Section 11/14 WP594.13.sxw 13 to 17 indicate that once a licence is granted under the Act, the same shall be renewed from time to time unless there exist a ground of refusal as enumerated under Section 14 of the Act. Protection to life, property of citizen is responsibility of the State. It is only when person apprehends that machinery of State would not come to his help for protection, he/she applies for licence under the Act. The provisions of Section 17 A of the Arms Act indicate that arms licence can be cancelled or suspended if the licensing authority finds it necessary for the security of public peace or public safety. Merely because a criminal case is pending, the provisions of Section 17 of the Arms Act would not be attracted. Such provisions would be attracted in case the licensing authority finds that continuance of licence is detrimental to public peace or public security and safety. But the authority concerned will have to record a finding that how and under what circumstances and in what manner possession of arms licence could be contrary to the provisions of Section 17 B of the Arms Act. Each case is required to be considered on its own merits.”
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directed to renew license of the petitioner within a period of two (02)
months from the receipt of order of this Court.
(R. M. JOSHI, J.)
ssp
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3 issues framed by the court
Whether mere registration of a criminal offence against an applicant is a valid ground for cancelling or refusing to renew an arms licence under the Arms Act, 1959.
Whether the Licensing Authority can incur a liability to renew an arms licence if the petitioner has been acquitted of the charges.
Whether the impugned orders cancelling the arms licence violated the grounds specified in Section 17 of the Arms Act, 1959.
Colour shows how this judgement treated each authority
Ajay Jayawant Bhosale Vs. The Commissioner of Police, Pune & Ors.Followed¶39
Ajay Jayawant Bhosale Vs. The Commissioner of Police, Pune & Ors., 2016 All MR (Cri) 4073
Syed Maheboob Ali Pasha Versus The State of Maharashtra and OthersReferred¶12
Syed Maheboob Ali Pasha Versus The State of Maharashtra and Others in Criminal Writ Petition No. 1064/2021.
2 provisions across 1 enactments
SAYYAD ALTAF SAYYAD AKBAR
THE STATE OF MAHARASHTRA
R. M. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
