NARAYAN SHUKLA,J. - (1.) HEARD Mr. Alok Kumar Srivastava, learned counsel for the petitioner and Mr. Rakesh Kumar Srivastava, learned Standing counsel.
(2.) THE petitioner has challenged the order dated 4-6-2010 Passed by District Magistrate, Hardoi; whereby the petitioner?s arms licence has been suspended due to his involvement in a criminal case as also the order dated 21-10-2010 Passed the Commissioner, Lucknow Division, Lucknow under the strength of the case decided by the Full Bench of this Court i.e. Chhanga Prasad Sahu Vs. State of U.P.and others, reported in ALR 1984 (10) 223, in which it has been held that having regard to the scheme and purpose of the provisions contained in Sections 17 and 18 of the Act and the nature of the enquiry that a licensing authority is to make before directing revocation/suspension of an arms licence, it has no power to suspend the arms licence pending enquiry into its cancellation/suspension. On the other hand, learned Standing counsel submits that in different case i.e. Kailash Nath and others Vs. State of U.P. and others (H.C, F.B.), reported in 1985 (22) A.C.C., page 353 by the same very strength of the Bench of this Court it has been held that the right to carry the arms is merely a personal privilege and on taking out such privilege no civil consequences follow. Further the Full Bench has also expressed their opinion that obtaining of a licence for acquisition and possession of fire arms and ammunition under the Arms Act is nothing more than a privilege and the grant of such privilege does not involve the adjudication of the rights of an individual nor does it entail civil consequences.
(3.) THE power of suspension can be exercised by the Licensing Authority on certain conditions as is envisaged in section 17 (3) of the Arms Act, which is reproduced hereunder:- ?17(3).- The licensing authority may be 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 license 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 ? 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 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.? ;