- (1.) The learned Single Judge has made this reference doubting the correctness of the judgment of learned Single Judge in Satish Chandra Vs. State of U.P. & Anr., 2003 (1) JIC 33 (Alld.), wherein it had been held that while passing the order of suspension of the licence of arms under the Arms Act, 1959, hereinafter called the ''Act', the authority cannot direct the licence holder to deposit the arm with the police station or arms dealer. This petition has been filed for quashing the show cause notice dated 23rd April, 2003 issued under Section 17 (3) of The Act, by which while suspending the firearms licence with immediate effect, as it was necessary for the security of public peace and public safety, the petitioner was called upon to show cause within 15 days why the firearms licence may not be cancelled and a further direction was issued to the petitioner to deposit the firearm in the Police Station. At the time when this petition was being heard learned counsel for the petitioner contended that such a direction could not be issued in view of the decision of this Court in the case of Satish Chandra (supra), in which it was observed :- "............This proposition of law is undisputed that the District Magistrate has no authority to get the firearms deposited unless the licence has been cancelled. The licence cannot be suspended unless a reasonable opportunity has been given to the petitioner licenceholder to show-cause. The petitioner has been served with this notice with a direction to file his objection but before the objection was filed, the District Magistrate passed the order for deposit of arms alongwith notice itself. Since the licence was not cancelled the arm cannot be or dered to be deposited at the police station."
(2.) The learned Judge was prima facie of the opinion that the aforesaid proposition of law was not correct and, therefore, referred the following question of law for consideration by a larger Bench: "Whether the firearm is not required to be deposited upon mere suspension of the licence, unless, the licence is finally cancelled? If not, what would be the exact effect of suspension of firearm licence in respect of the right of the licence holder to possess the firearm?"
(3.) In order to appreciate the controversy, we consider it proper to refer to the relevant provisions of the Act. Section 3(1) of the Act provides that no person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of the Act and the Rules made thereunder. Section 13 of the Act deals with the grant of the licences while Section 17 deals with variation, suspension and revocation of licence. Sub-sections 3 and 10 of Section 17 and Section 21 (1) which are relevant for the purposes of the controversy involved in this petition are quoted below:- "17. Variation, suspension and revocation of licences. - ................. (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 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. ................ (10) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation. ................ 21. Deposit of arms, etc., on possession ceasing to be lawful. - (1) Any person having in his possession any arms or ammunition the possession whereof has, in consequence of the expiration of the duration of a licence or of the suspension or revocation of a licence or by the issue of a notification under section 4 or by any reason whatever, ceased to be lawful, shall without unnecessary delay deposit the same either with the officer in charge of the nearest police station or subject to such conditions as may be prescribed, with a licensed dealer or where such person is a member of the armed forces of the Union, in a unit armoury.";