- (1.)Heard Sri Sushil Kumar Dubey, Advocate holding brief on behalf of Sri Umesh Chandra Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents. This writ petition is directed against the order dated 31.1.2007 passed by Additional District Magistrate, Etawah cancelling fire-arm licence of petitioner observing that allowing licence with petitioner is not in public interest. For the same reason the Commissioner has also rejected petitioner's appeal vide order dated 19.7.2008, which has also been impugned in this writ petition.
(2.)Both the authorities below have recorded their satisfaction that cancellation of petitioner's fire-arm licence is necessary for public interest. Under Section 17 of Arms Act a fire-arm licence cannot be cancelled in public interest. The grounds specifically mentioned says that it is only either of public peace or safety. The word "public interest" is not the same thing as "public peace" or "public safety". In fact the word "public interest" is much wider than the word "public peace" or "public safety". When Legislature itself has not conferred any power upon the licensing authority to cancel a fire-arm licence in public interest, such exercise in public interest by authorities below is wholly without jurisdiction.
(3.)In Dharamvir Singh v. The State, 2003 AllLJ 1769, the Court in para 6 of the judgment said:
There is no finding that the revocation of licence was considered necessary for the security of the public peace or public safety. Public interest cannot be equated to term for the security of the public peace or public safety.......