- (1.) This writ petition is directed against order dated 20th January, 2011 passed by the District Magistrate, Rampur, cancelling petitioner's firearm licence, as well as the order passed by the Commissioner dated 21st March, 2013 affirming it in appeal, filed under Section 18 of the Arms Act, 1959 (hereinafter referred to as the 'Act').
(2.) Petitioner was issued Licence No.146/3rd of 12 bore DBBL Gun No.C/512197 for his personal safety. Proceedings were initiated for cancellation of firearm licence with issuance of a notice under Section 17 of the Act on 1.11.2008, on the ground that following criminal cases were pending against him:- (i). Case Crime No.287 of 2000, under Section 409 I.P.C. (ii). Case Crime No.816 of 2004, under Sections 406 and 506 I.P.C. (iii). Case Crime No.588 of 2006, under Sections 420, 467, 468 and 471 I.P.C. (iv). NCR No.58 of 2008, under Sections 427 and 504 I.P.C. (v). Proceedings of Section 107/116 Cr.P.C. were also initiated against the petitioner on 5.10.2008. After filing of reply in the matter, petitioner's firearm licence was cancelled on 18.12.2008. An appeal was preferred under Section 18 of the Arms Act by the petitioner, which came to be allowed on 31.8.2009 on the ground that in none of the cases, which were stated to be pending, there was an allegation of misuse of firearm. The appellate authority also noticed that in Case Crime No.816 of 2004, a final report had been submitted, while in Case Crime No.588 of 2016 arrest of petitioner had been stated. It was also noticed that one of the criminal case against petitioner was instituted by one Farooq Azad, who had lost election of Pradhan against petitioner. Petitioner's licence was accordingly restored.
(3.) Proceedings for cancellation of firearm licence were again initiated with issuance of notice on 8th March, 2010. Following three new cases lodged against the petitioner were referred in the notice:- (i) Case Crime No.181 of 2010, under Sections 147, 148, 149, 452, 307, 504 and 506 I.P.C. (ii). Case Crime No.182 of 2010 under Sections 147, 148, 149, 307, 332, 323, 353, 427 I.P.C. readwith Section 7 of Criminal Law Amendment Act and Section 3 of the Prevention of Damage to Public Property Act, 1984. (iii). Case Crime No.698-A of 2009 under Sections 147, 148, 149, 307, 452, 325 and 504 I.P.C. Petitioner submitted a reply to the show cause notice, after which his firearm licence was cancelled by the order of licensing authority dated 20.1.2011. Petitioner's defence that he had been falsely implicated in criminal offences was not accepted. An appeal preferred under Section 18 of the Act against such order has also been rejected. It was brought on record before the appellate authority that in Case Crime No.698-A of 2009, petitioner had already been acquitted in Sessions Trial No.20 of 2011, vide judgment dated 24.6.2011.;