M.Katju - (1.) THIS writ petition has been filed for a mandamus directing the respondents to issue the copy of Arms Licence of the D.B.B.L. gun granted on 26-2-1993.
(2.) COUNTER affidavit and rejoinder affidavit have been exchanged and I have heard learned counsel for the parties and am disposing of the petition finally. The allegation in the petition is that in Oct. 1990 the brother of the petitioner was murdered with regard to which the petitioner filed First Information Report at P. S. Ghoorpur. The petitioner is doing pairvi in the said case. The accused person in this case threatened him to kill him for prosecuting the case and hence the petitioner applied for the aforesaid gun in March, 1991. The District Magistrate asked for a police report and the police submitted a report in favour of the petitioner and the District Magistrate granted the licence by the order dated 26-9-92. Thereafter the petitioner was issued form No. 43-A on 2-3-93 for depositing the required amount for issuance of the copy of the arm licence and the petitioner deposited the same. However, he has not been issued to licence despite the application and hence he filed this writ petition. In the counter affidavit it has been alleged in para 6 that after the grant of the licence to the petitioner by the District Magistrate a complaint against him was received in which it was alleged that the petitioner was involved in criminal activities. This complaint was enquired into by the Station Officer who submitted a detailed report on 22-12-1992. In this report there is allegation of cases against the petitioner under Excise and Gambling Act. The Station Officer has also reported that the general reputation of the petitioner in the locality is not good and that the petitioner has a criminal history behind him The Station Officer has also mentioned that the issuance of the licence to the petitioner will not be in public interest. In the rejoinder affidavit the above allegations have been denied. In para 4 it is stated that the last police report was submitted by the Station Officer, Ghoorpur on 22-12-1992 and the licence in favour of the petitioner was granted on 26 2-1993 after considering the report. Moreover, I have held in Ganesh Chandra Bhatt v. D. M. Almora, AIR 1993 Alld. 291 that the normal rule should fee grant of the arms licence, and refusal on the ground of unfitness should only be for very strong reasons e.g. involvement in a heinous crime, and the same principle should apply in respect of cancellation or suspension of a licence, which has been affirmed by the Division Bench in Writ Petition No. 29963 of 1993, Devendra Pratap v. D. M. and others decided on 20-10-93. Since there is no allegation of heinous crime the petitioner " should not be denied the arms licence. In the circumstances the writ petition is allowed. The respondents are directed to issue the fire arm licence to the petitioner within two weeks of production of certified copy of this order before the Collector, Allahabad.
(3.) WRIT petition is allowed. No order as to costs. Petition allowed.;