Fire arm license may be revoked or cancelled on the ground of pendency or registration of criminal case against the license holder

Allahabad high court: While answering the issue of jurisdiction of the authority concerned in impugned revocation and suspension, the Court held that Licensing Authority may revoke or suspend the license under Section 17 of the Arms Act, 1959 (Act) if it is satisfied that the license holder is for any reason unfit for the license under the Act and registration or pendency of a criminal case of major or capital offence against the license holder forms the adequate reason for revocation and suspension of the license holder. The Court further observed that when discretion is conferred on a public authority to grant or refuse or revoke the license to hold arm, the Licensing Authority is the best person to assess and understand and form an opinion, whether person is unfit to possess license, therefore, scope of judicial review is limited and the Court has to just consider whether there is any irrelevant or extraneous factor considered by the authority concerned or it ignored any relevant or valid points.

In the case at hand, petitioner’s fire arm license was cancelled on the ground that two criminal cases are registered against under different provisions of Penal Code, 1860 and the Act which are grave and serious in nature. Atul Kumar Tiwari v. State of U.P., Writ No. 26528 of 2014, decided on 13th of May, 2014

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