- (1.) BY our judgment and order dated 8 -3 -1989 we have allowed the petition and quashed impugned order dated 12 -7 -84 but the reasons for the same were to follow. These are the reasons.
(2.) WHETHER the licence of gun within the meaning of Section 17(3)(b) of Arms Act, 1959 (for short the Act) can be revoked on mere suspicions without positive evidence which could lead breach of public peace or security of public, and as to whether the licence of a gun can be revoked without affording opportunity of hearing to the licence holder, are the short questions that fall for our determination in the present petition filed by the Petitioner for issuance of writ of certiorari to quash the order dated 12 -7 -84 passed by the Distt. Magistrate Banda (contained in Annexure 3 to the petition).
(3.) THE Petitioner is licence holder (licence No. 0416) of the gun No. 315(2747 bore) and his brother Mahesh Prasad who was not having the licence was alleged to have possessed the gun. The only reason given in the impugned order cancelling the licence of the petitioner, is that the Petitioner was employed in the Army but he keeps his gun at his house. There is possibility that his brother Mahesh Prasad might use it or may offer the cartridges to anti -social elements. In the impugned order it was stated that there was possibility of breach of peace but neither any incident was quoted nor any evidence was referred or relied upon which could lead for an inference to breach of public security or public peace. Even no reference has been made to any criminal case in which Petitioner or his brother might have been involved. No reference of any FIR has been given nor any evidence has been led to indicate that the gun was ever used by the Petitioner or his brother. This is all so far as factual matrices are concerned. As regards first point for our determination, we recollect an oft quoted maxim "Actus legitimi non recipiunt modem " which connotes that when doing of anything in a particular manner is sanctioned by the law, then the thing cannot be done in a different way. Under Section 17(3) of the Act, five circumstances have been pointed out when the licencing authority may suspend or revoke a licence: (a) If the licencing authority is satisfied that the holder of the licence is prohibited from acquiring it, (b) If the licencing authority deems it necessary for the security of public peace or for public safety. (e) If the licence was obtained by suppression of material information. (d) If any of the conditions of the licence has been contravened. (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. ;