D.K. Seth, J. - (1.) Sri H. N. Singh, learned counsel for the petitioner assails the order dated 21.5.1997 by which the petitioner was directed to deposit his arms in the police station, Nautanwa. district Maharajganj on the ground that the petitioner's licence was neither suspended nor cancelled, on the other hand the same has been renewed til! the year 2000. He points out from the order dated 16.5.96 by which the petitioner was directed to show cause as to why his licence should not be cancelled and if it is not submitted within time, suitable order will be passed, that the said order does not contain any reason. Pursuant to the said order the petitioner has submitted two applications by which the petitioner had asked for certain papers which was not supplied to him and by reason thereof he was unable to submit his reply earlier.
(2.) Be that as it may, even if no reply is submitted, in that event, it was open to the respondents to pass appropriate order for suspension or revocation as it might deem fit. But unless an order of suspension or revocation is passed. It is not within the jurisdiction of the Licencing Authority to direct deposit of the arms in the police station pending enquiry. Then again the order impugned discloses no reasons due to which the petitioner was so directed to deposit the arms. The only ground which was sought to be made out in the order that the petitioner did not submit his reply. The non-submission of reply does not empower the licencing authority to direct deposit of the arms without suspending and revoking the licence.
(3.) The provisions for suspension and revocation as contained in Section 17 provides in sub-section (3) the grounds on which an order of suspension can be issued. The said sub-section 3 provides as follows : "(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 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.";