Devi Prasad Singh. J. - (1.) Heard learned Counsel for the parties.
(2.) Petitioner possesses a licence for fire arm i.e. a rifle. On the basis of the report of S.H.O., Jethwara, by impugned order dated 8th May, 2008, the District Magistrate, Pratapgarh had cancelled the licence of the petitioner on the ground that a case crime No. 120/2002 under Section 807/504/506/ 325 Indian Penal Code was pending against the petitioner. Accordingly the District Magistrate took a decision that continuance of arms in petitioner's possession may be detrimental to public safety, hence liable to be cancelled. It was submitted on behalf of the petitioner that arms in question was never abused by him. Only one case was registered against the petitioner on account of enmity on unfounded facts and grounds. After hearing the petitioner, District Magistrate, Pratapgarh cancelled the licence on the ground that a criminal case in which petitioner has been involved, is of serious nature and continuance of arms in petitioner's possession shall be dangerous to public safety and security. With the Counter-affidavit filed by the State a notice issued under sub-section (3) of Section 17 of the Arms Act has been filed as, Annexure No. C.A-4. In the said notice, it has been stated that the petitioner seems not to be a peace-loving citizen and there is apprehension that continuance of arms in his possession may be fatal to the public peace and public security. There is no material on record, either in the notice or in the Counter -Affidavit filed by the opposite parties indicating that in what manner and on what ground there is apprehension that continuance of arms in question in petitioner's possession may be detrimental to public peace and public security.
(3.) Case registered under Sections 307/ 504/506/325 of Indian Penal Code seems to be a case arisen on account of personal dispute between the petitioner and another party. A criminal case confined to dispute between the two parties cannot create a ground for suspension or revocation of arms licence under sub-section (3) of Section 17 of the Arms Act, unless there are other materials on record which may indicate the involvement of a person in some other unsocial and criminal activity affecting public peace and public security. Sub-section (3) of Section 17 of the Arms Act under which a competent authority may cancel or revoke the arms licence is reproduced as under:- Section 17 (3) The licensing authority may by order in writing suspend a licence for a 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 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.;