TaxTMI 
TaxTMI 
2008 (9) TMI 999
X X X X Extracts X X X X
X X X X Extracts X X X X
....at he should not be allowed to keep the weapon as he instilled fear and terror in the hearts of the citizens of that area. Further, the authorities concluded that there was likelihood of the misuse of the weapon and that public peace and safety would be jeopardised if the petitioner was allowed to keep the weapon and accordingly issued the suspension order. 3. I have heard Sri A. Chaturvedi, the learned Counsel for the petitioner at length and Sri Amit Misra, the learned Counsel in the connected writ petition and the learned standing counsel for the respondents. 4. The learned Counsel for the petitioner raised two submissions, namely, that the licence of the petitioner could not be suspended pending inquiry into the revocation of the arms licence. Further, the suspension of the arms licence could not remain suspended for an indefinite period. In support of his submission, the learned Counsel has placed reliance upon various judgments which will be referred hereinafter. 5. The provisions relating to the suspension of the arms licence is governed by the provision of Section 17(3) of the Arms Act which states as under: 17(3) The licensing autho....
X X X X Extracts X X X X
X X X X Extracts X X X X
....spending a licence in writing and thereafter afford him an opportunity to be heard by the appellate authority on all relevant aspects of the matter. It is evident that having regard to the fact that licences involved in such cases are in respect of dangerous weapons, the legislature, in its wisdom, thought that an opportunity of being heard should be afforded to the licensee at a stage following suspension/revocation of the licence and not prior to it. Thus the legislature has, in its own way specified the stage at which the principles of natural justice are in such cases to become applicable and has thereby ruled out the application of such principles at any other stage. It is true that in order to revoke/suspend an arms licence, the licensing authority has necessarily to come to the conclusion that facts justifying revocation/suspension of licence mentioned in grounds (a) to (e) of Section 17 exist. However, the section nowhere lays it down that before coming to such a conclusion the licensing authority should either hear the licensee or hold a formal enquiry. The licensing authority may on certain information being laid before it, for its own satisfaction p....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s not enabled to suspend the licence during pendency of the enquiry, public peace and safety may, during such enquiry, get disturbed. It would, in the circumstances, be reasonable to recognize a power in the licensing authority to suspend an arms licence pending enquiry. We are unable to accept this submission. As already explained, if there already is material before the licensing authority and it becomes apparent to it that possession of arms by the licensee is going to endanger public peace and safety, it can straight -away and without holding any enquiry proceed to revoke/suspend the arms licence after recording reasons therefore and if the licensee is aggrieved by such orders, he will have a right to ventilate his grievance before the appellate authority. However, if there is no such material before the licensing authority and it is not apparent to it that there is an immediate danger to public peace and safety and it, on some information being laid before it, proceeds to find out whether there is any likelihood of public peace and safety being affected at some future date, it cannot be said that there is any such urgency so as to justify the revocation/cancellation of the lic....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n of mind and recording of reasons by the licensing authority with such reasons and circumstances being in consonance with the provisions of the Arms Act. 12. The aforesaid Full Bench decision cleared the confusion relating to the suspension of the arms licence. The Full Bench showed the way that the suspension order could be issued during an enquiry and that it could be done in the manner laid down in Changa Prasad Sahu's case (supra). 13. It is therefore clear that the suspension of the arms licence could be issued under Section 17 of the Act which is subject to certain conditions as laid down in case of Changa Prasad Sahu (supra), namely, that if there was a material before the licensing authority and that there was a subjective satisfaction to the effect that the possession of the weapon by the licensee would endanger public peace and safety, the authority could straightaway, withholding an enquiry, revoke or suspend the arms licence after recording its reasons. In Ramesh Singh v. State of U.P. and Ors. decided on 7.3.2007, in Writ Petition No. 8723 of 2007, the learned Single Judge after considering various case laws on this aspect held that the condition precedent f....