Gun licence cannot be cancelled if order does not specify violation of Arms Act: Allahabad High Court

Prayagraj: The Allahabad High Court has set aside a district magistrate's order cancelling a gun licence of a man, saying it has no finding related to any violation under the Arms Act that would allow the authority to direct the cancellation and seizure of the weapon.

Allowing a petition filed by Yogendra Kumar, Justice Kunal Ravi Singh observed that since the authorities have failed to meet the "essential ingredients" of Rule 32 of the Arms Act, the petitioner cannot be penalised with the cancellation of the licence and seizure of his weapon.

Rule 32 of the Arms Act makes it mandatory that before cancelling a firearm licence, the adjudicating authority must decide whether a violation of the relevant rules took place.

According to the details of the case, the petitioner was granted a revolver licence on July 16, 2005. However, by a notice dated September 22, 2020, the district magistrate (DM) of Ghazipur suspended the licence and directed the petitioner to deposit his firearm.

The petitioner, in his reply, denied the allegations, but on August 17, 2020, the weapon was taken into possession by the SHO, Ghazipur. Thereafter, the petitioner appealed before the Commissioner, Varanasi, but the plea was rejected. Aggrieved with the rejection order, he approached the high court.

The court observed, "The District Magistrate has not given any finding with regard to any of the conditions enumerated under Rule 32. It is specifically required under Rule 32 that either the weapon being carried in a holster or any equipment manufactured, designed to carry the same as required was not done so or if the weapon was discharged in any public place." "There is no finding with regard to the essential ingredients of Rule 32, violation of which would allow the authority to pass an order for cancellation and seizure. As a result of this, the entire order is liable to be set aside," the court said in its decision dated November 19.