Allahabad High Court
Mohammad Sayeed Alias Guddu vs State Of U.P. And Another on 12 October, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 15968 of 2020 Petitioner :- Mohammad Sayeed Alias Guddu Respondent :- State of U.P. and Another Counsel for Petitioner :- Gaurav Sisodia Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J.
Show cause notice issued by District Magistrate, Bareilly dated 29.11.2019 is challenged in this petition, in so far as it suspends the petitioner's firearm licence. It is contended that sub-section (3) of Section 17 of the Arms Act, 1959 permits the licensing authority to suspend licence for such period as it deems fit, if it is necessary for security of public peace or for public safety but such suspension cannot be for an indefinite period. This Court in Civil Misc. Writ Petition No. 58216 of 2005 (Ajay Kumar Gupta Vs. State of U.P. and others) wherein, after considering the Full Bench decision of this Court in the cases of Balaram Singh Vs. State of U.P. and others 1988 A.W.C. 1481, Kailash Nath Vs. State of U.P. 1985 A.W.C. 493 as well as the Division Bench decision of this Court in the case of Sadri Ram Vs. District Magistrate, Azamgarh and others 1998 All. C.J. 1449, has held that the arms license cannot be placed under suspension pending enquiry.
Petitioner states that he has already submitted a reply to the show cause notice but a final decision is not taken.
Learned Standing Counsel states that the District Magistrate shall pass necessary orders in that regard.
In that view of the matter, this writ petition stands disposed of with a direction upon respondent no.2 to conclude the proceedings by passing necessary orders, in accordance with law, within a period of two months from the date of presentation of a copy of this order. The petitioner shall annex copy of the reply submitted by him to the show cause notice. An appropriate order in that regard would be passed in accordance with law. The suspension of firearm licence being for an indefinite period since is not found to be in accordance with sub-section (3) of Section 17 of the Act of 1959, as such the same is set aside in view of the law, noticed above. In the event petitioner has already deposited his firearm with the authorities, the same shall be released and shall remain subject to the final orders to be passed, in accordance with law.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 12.10.2020/Abhishek Singh