Punjab-Haryana High Court
Dalbir vs State Of Haryana And Ors on 24 September, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
Civil Writ Petition No.6242 of 2013 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Civil Writ Petition No.6242 of 2013 (O&M)
Date of decision : 24.09.2014
Dalbir
......Petitioner
versus
State of Haryana and others
........Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Navneet Singh, Advocate,
for the petitioner.
Mr. G.S. Bajwa, Addl. A.G., Haryana.
****
RITU BAHRI , J.
The petitioner was holding a valid Arm License No.4362/DM/SNP/DEC/07, which was valid from 10.12.2007 till 09.12.2010.
During this period, FIR No.98 dated 27.02.2009, under Section 337 IPC and Section 27 of Arms Act was got registered against the petitioner at Police Station, Rai, District Sonipat. Thereafter, District Magistrate, Sonipat issued a show cause notice dated 10.07.2009 (Annexure P-1) to the petitioner asking him to submit reply within 15 days, while explaining as to why his licence be not cancelled as an FIR has been registered against him. Petitioner gave his reply dated 22.07.2009 (Annexure P-2). Vide order dated 15.01.2010 (Annexure P-3) passed by respondent No.3, the reply submitted by the petitioner AJAY PRASHERwas rejected and his Arms License was cancelled. 2014.09.26 17:07 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.6242 of 2013 (O&M) 2
Thereafter, vide judgment dated 09.07.2010 (Annexure P-4) passed by the Judicial Magistrate, Ist Class, Sonipat, the petitioner was acquitted in the above stated FIR. After acquittal, he made a representation dated 13.09.2010 to respondent No.3 for renewal of his licence. However, respondent No.3, vide letter dated 23.11.2010 (Annexure P-5), informed the petitioner that his licence has been cancelled vide order dated 15.01.2010 and he has not filed any appeal against the said order. Thereafter, the petitioner filed an appeal before respondent No.2 on 25.03.2011 against the order dated 15.01.2010, whereby his arms license has been cancelled. Respondent No.2, vide order dated 16.03.2012 (Annexure P-8), dismissed the appeal of the petitioner.
In the present case, the petitioner is seeking quashing of the orders dated 15.01.2010, 23.11.2010 and 16.03.2012 (Annexures P-3, P-5 & P-8 respectively) on the ground that once he has been acquitted by the Court, the order cancelling his arms license has become void and he has a right to get it renewed.
On notice, reply on behalf of respondent Nos. 1 and 3 has been filed, stating that in this petition the petitioner has contended that he is working as a security guard with a private builder and possession of valid license and a gun is prerequisite for the job of a security guard. But, on the other hand, in his application dated 10.07.2006 (Annexure R3/1), the petitioner has stated that he is doing the business of liquor and needs arms license for self protection. It is further stated that he has misused the licensed weapon by using it in social procession like AJAY PRASHER marriage or 'barat'. He is working as a security guard with a private 2014.09.26 17:07 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.6242 of 2013 (O&M) 3 builder, therefore, the contents of his application (Anexure R-3/1) were false. It has been further stated that the petitioner had fired through his licensed revolver during 'Ghurchari' of the marriage of Rakesh at village Liwan. In this incident, one Yduvir sustained bullet injury. Therefore, the petitioner has misused the license granted to him and even after acquittal, he cannot claim renewal of his license, which has been cancelled on the recommendation made by respondent No.4. It has been further stated that the petitioner has made reference to CWP No.1130 of 2010 titled as "Jai Bhagwan Vs. State of Haryana and others". That was a case, in which the arms license had been suspended. But in the present case, the arms license has been cancelled, which had been obtained by making wrong facts in his application and the same has been used for the purpose, for which, it has not been granted.
Heard, counsel for the parties.
FIR No. 98 dated 27.02.2009, under Section 337 IPC and Section 27 of Arms Act had been registered against the petitioner at Police Station, Rai, District Sonipat, who was the license holder of .32 bore revolver. Thereafter, a recommendation for cancellation of aforesaid arms license was made and a show cause notice dated 10.07.2009 (Annexure P-1) was issued under Section 17 (3) (b) of the Arms Act, 1959. After considering the reply of the petitioner, it was found by the District Magistrate, Sonepat that a .32 bore revolver had been recovered from the place of incident, regarding which, he is facing a criminal trial. The District Magistrate while exercising powers under AJAY PRASHER Section 17 (3) (b) of Arms Act, cancelled the arms license of the 2014.09.26 17:07 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.6242 of 2013 (O&M) 4 petitioner with immediate effect. Section 17 (3) (b) of the Act is reproduced as under:-
"17. Variation, suspension and revocation of licences.--
(1) xx xx xx
(2) xx xx xx
(3) The licensing authority may by order in writing suspend a
licence for such period as it thinks fit or revoke a licence--
(a) xx xx xx
(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 xx xx xx x"
In view of the above provision, the arms license can be cancelled, if there is a violation or misuse of the arms licence by the licensee.
In the present case, the petitioner had been granted the arms licence on the basis of his his application dated 10.07.2006 (Annexure R3/1), whereby it has been stated that he was doing the business of liquor and needed the arms licence for safety purposes. In fact, he was working as a security guard with a private builder, where possession of a valid license and gun is prerequisite for such job. Moreover, after registration of the FIR, he was given a show cause notice and ultimately, his license has been cancelled in view of Section 17 (3) (b) of the Act. After cancellation of his license, the petitioner has made an attempt to get it renewed by filing a representation dated 13.09.2010 before respondent No.3. Finally, he made an appeal against the order dated 15.01.2010 (Annexure P-3), which was beyond the period of limitation. The Commissioner, Rohtak, Division, Rohtak- respondent No.2, vide order dated 16.03.2012 (Annexure P-8) AJAY PRASHER 2014.09.26 17:07 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.6242 of 2013 (O&M) 5 dismissed the said appeal. While passing this order, it was held that the petitioner had misused the revolver on 26.02.2009 in a marriage ceremony by firing from it, as a result of which, one Yudhvir Singh was shot. The petitioner was acquitted by the trial Court due to lack of evidence, as the witnesses had turned hostile. This was a clear misuse of the arms license, which was granted to the petitioner. Hence, the license was rightly cancelled by the District Magistrate.
Present case is not a case of renewal of arms licence, which could be renewed after acquittal of the petitioner. The arms license has been cancelled on account of misusing the revolver as per Section 17 (3) (b) of the Arms Act. Hence, the petitioner cannot get benefit of the judgment delivered by this Court in Jai Bhagwan Vs. State of Haryana and others, CWP No.1130 of 2010, decided on 16.09.2010 (Annexure P-9).
The petitioner has not been held entitled to keep the arms licence, as he has misused the revolver on 26.02.2009. Therefore, his arms licence was rightly cancelled by the competent authority while exercising powers under Section 17 (3) (b) of the Arms Act.
Resultantly, no ground is made out to interfere in the impugned orders passed by the competent authorities.
Dismissed.
(RITU BAHRI) JUDGE 24.09.2014 ajp AJAY PRASHER 2014.09.26 17:07 I attest to the accuracy and authenticity of this document High Court Chandigarh